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INTERACTIVE: Groups split over proposed overdose immunity bill

Groups, including former drug users, are split over a Senate bill that would give immunity to both someone reporting or experiencing an overdose. In a recent unanimous vote, the Senate passed Senate Bill 667, introduced by Sen. Jennifer Boysko, D-Fairfax. The bill expands on the current protection offered only to the person reporting the overdose, who can be charged but has an affirmative defense which leads to dropped or reduced charges when proven they reported an overdose.

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By Joseph Whitney Smith

Groups, including former drug users, are split over a Senate bill that would give immunity to both someone reporting or experiencing an overdose.

In a recent unanimous vote, the Senate passed Senate Bill 667, introduced by Sen. Jennifer Boysko, D-Fairfax. The bill expands on the current protection offered only to the person reporting the overdose, who can be charged with a crime but has an affirmative defense, which leads to dropped or reduced charges when proven they reported an overdose.

This new bill would offer immunity to both the person reporting the overdose and experiencing the overdose, meaning no charges would be filed. The bill protects individuals from arrest or prosecution for the unlawful purchase, possession or consumption of alcohol, controlled substances, marijuana or having drug paraphernalia.

The legislation also states that no officers acting in good faith will be found liable for false arrest if it is later determined the individual arrested was immune from prosecution because they overdosed or reported an overdose.

“In Virginia, friends often do not call for help for fear of being arrested,” Boysko said at the committee hearing for the bill.

Boysko told Senate members that every second matters in an overdose and that data show bystanders are three times more likely to call 911 when there is a safe reporting law such as her proposed bill. She also said that the state needs to stop criminalizing individuals that are attempting to seek urgent help for themselves or others.

“Virginia’s death toll from opioid overdoses continues to rise despite state and local government spending millions of dollars to make naloxone available,” Boysko said. “More than 1,500 died just in 2019 in Virginia from drug overdoses.”

According to the Virginia Department of Health, overdose is the leading cause of unnatural death in the state since 2013, followed by motor vehicle related and gun deaths.

“With the new law we’re looking at a healthcare solution for a healthcare crisis,” said Nathan Mitchell, who said he was previously addicted to drugs. Mitchell now serves as the community outreach and advocacy coordinator at the McShin Foundation. Mitchell said the proposed bill does not provide protection for crimes such as distribution or a firearm at the scene of the overdose, only drug and paraphernalia possession.

According to Mitchell, drug incarceration is inconsistent in the commonwealth. He said after his first drug-related arrest he wasn’t introduced to a recovery program. But, after his second arrest, he received treatment through the help of the McShin Foundation. He said that inconsistency is an example that not all individuals who overdose will have access to the same treatment.

Drug courts are specialized courts where individuals plead guilty and agree to complete the drug court program. Not every locality in the commonwealth has a drug court, though state law authorizes any locality to establish one with the support of existing and available local, state and federal resources.

Mitchell said that individuals may not report an overdose to help protect the individual overdosing from being charged with a crime. He said that’s why a bill granting immunity to both parties is important.

John Shinholser, president and co-founder of the McShin Foundation, a nonprofit that focuses on recovery education and recovery, testified in favor of Boysko’s bill.

“This is evidence-based, data-driven proof that this bill will reduce deaths in Virginia during this crisis,” Shinholser said.

Goochland County resident Micheal McDermott spoke in opposition of Boysko’s bill during the Senate committee meeting. McDermott said he’s been in recovery from substance abuse disorder for over 28 years. The bill has good intentions but immunity should only be given to the person reporting, not overdosing, McDermott said.

“I don’t think it’s a good idea,” he said.

There’s no guarantee that an overdose victim treated by paramedics will find recovery, McDermott said. If the person overdosing is on probation, they should receive a probation violation, and perhaps get the needed court-mandated treatment.

Westmoreland County Commonwealth’s Attorney Julia Sichol spoke last month at a House subcommittee in opposition to similar legislation that failed to advance, on behalf of the Virginia Association of Commonwealth’s Attorneys. Sichol said she thinks a bill offering immunity “can also cause harm to lives” because it keeps the person overdosing from being charged with a crime and could possibly prevent them from receiving court-mandated treatment.

“Drug treatment is extremely expensive and sometimes the only way to get the treatment for the individuals is through the court system,” Sichol said. “If you take away the ability for individuals to be charged who have overdosed they are not eligible to participate in drug treatment program, they are not eligible to go through the court system under mandated treatment.”

On Friday, SB 667 was assigned to a House subcommittee.

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The Capital News Service is a flagship program of VCU’s Richard T. Robertson School of Media and Culture. In the program, journalism students cover news in Richmond and across Virginia and distribute their stories, photos, and other content to more than 100 newspapers, television and radio stations, and news websites.

Crime

Editorial: Dogwood Dell: a massacre foiled or a tale too good to be true?

“The story seemed almost too good to be true. Now, a month later, a city prosecutor has given us reason to believe it’s not true.”

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By Bob Lewis

If you don’t live near Richmond and get your news from its regional media market, the last time you probably heard of a place called Dogwood Dell was a little over a month ago when Virginia’s capital city made national news for boldly claiming to have foiled a mass shooting.

The claim by Richmond’s police chief and mayor came on the heels of atrocities in Uvalde and Buffalo. Just two days earlier, a rooftop gunman indiscriminately mowed down spectators lining a Fourth of July parade route on the streets of Highland Park, Illinois.

As Chief Gerald Smith and Mayor Levar Stoney explained to a phalanx of television cameras on July 6, a tip from a “hero citizen” allowed police to apprehend two Guatemalan men illegally in the United States and foil their plot to take high-powered firearms to Dogwood Dell, a bandshell and amphitheater in a city park, and unleash hell on hundreds attending an evening Independence Day concert and fireworks display.

The story made network evening newscasts, an upbeat counterpoint to the fresh horror from suburban Chicago. Smith did cable news interviews with outlets like CNN, spreading the word. The publicity was a perfect balm for a police department whose community relations had been strained mightily by its heavy-handed response in the summer of 2020 to demonstrations along Richmond’s Monument Avenue triggered by the broad-daylight police murder of George Floyd in Minneapolis.

Stoney was forced to fire the police chief at the time, William Smith (no relation to the current chief), after officers in riot gear teargassed, maced, cursed and kicked protesters gathered peacefully at the since-razed statue of Confederate Gen. Robert E. Lee. It took the city two years, prodded by the settlement of a citizens’ lawsuit, to formally apologize for those police actions.

But this summer, in the first week of July, buoyed by national headlines of a police triumph and lives spared, the city seemed to have made notable strides toward restoring faith in its leadership.

The story seemed almost too good to be true. Now, a month later, a city prosecutor has given us reason to believe it’s not true.

Asked directly in open court by Richmond General District Court Judge David Hicks last week if there was any evidence of plans to attack Dogwood Dell on July Fourth, Assistant Commonwealth’s Attorney Clint Seal gave a clear, unequivocal and crushing response: “No.”

But that moment wasn’t the first time cracks in the city’s story had appeared. Troubling questions began surfacing as early as the upbeat July 6 press conference itself.

Why, if there was a known threat of a mass shooting, were the Dogwood Dell festivities allowed to proceed as scheduled, particularly with one of the two suspects not yet in custody?

Why was one of the suspects – at a minimum, a person illegally in the country – granted a low $15,000 bond on the same day Smith and Stoney announced his arrest? Five days later, another judge thought better of it and revoked the man’s bond, meaning both suspects are now being held without bail.

Why, if the alleged plot was so ignominious and worthy of the bold assertions unambiguously trumpeted by the city’s top officials, has neither man been charged in connection with it? Why is it not mentioned, even obliquely, in any of the charges currently pending against them? (Both are being held on federal immigration and firearms charges and facing deportation.)

And why have city government and police officials steadfastly stiff-armed persistent media requests to answer those questions and elaborate on the case?

The response from the police chief and the mayor? Double down on their claim and insist that it’s valid, the prosecutor’s contradictory statement in court under pain of perjury notwithstanding.

The basis for the chief’s belief that the two men planned specifically to shoot up Dogwood Dell? Essentially, his gut. And probability.

It came “from the experience and knowledge that your police department has and dealing with situations every day; of studying what happens in mass shootings, mass casualty incidents,” Smith said after the court proceeding in an on-camera interview with WTVR-TV in Richmond. “It comes from just your police department knowing what it’s doing.”

“It’s Richmond. Fourth of July celebration. It’s at the Dogwood Dell,” he said.

There’s no paucity of Independence Day observations in Richmond, a city with its own significant contributions to the nation’s struggle for independence. Arguably better known than Dogwood Dell is the annual fireworks display after the final out of the Richmond Flying Squirrels game at The Diamond, a minor league ballpark at the opposite terminus of Arthur Ashe Boulevard from Dogwood Dell. The city’s suburbs have their own numerous public celebrations and pyrotechnics extravaganzas.

As it turns out, we’ve been shown no more evidence for a plot targeting Dogwood Dell than we have for any other potential venue, though we’ve been implored to believe the claim absent any publicly shared substantiation beyond a conversation overheard by an earnest citizen tipster.

None of this is to suggest that these suspects don’t need to be sent away. They do.

Rolman Alberto Balcarcel had been deported twice from the United States and had returned a third time when he was arrested last month. His housemate, Julio Alvarado-Dubon, is charged with illegal possession of a firearm by a person illegally in the country. He had purchased two assault-style rifles, a handgun and multiple high-capacity ammunition magazines at a yard sale near Fredericksburg.

Richmond Commonwealth’s Attorney Colette McEachin last week asked the U.S. Department of Justice to take over prosecution of the men because they are “two illegal aliens with guns so we wanted them prosecuted at the highest level possible.” There was no reference to a mass shooting.

Did Balcarcel and Alvarado-Dubon plan to carry out a bloody assault on U.S. soil – perhaps Richmond soil? I don’t know. Clearly, they had an arsenal capable of it. The chief and the mayor say that was their intent, but nobody in authority has yet put one word of it in writing, made such a claim in a legal proceeding, or shared a shred of corroboration beyond because we say so!

We should not lose sight of the fact that law enforcement performed a great service by taking these two into custody based solely on the armaments seized and the wanton immigration violations alleged in court documents. They deserve our thanks.

The problems come not from the work officers did but from city leadership building so fantastical a narrative and announcing it so broadly yet sharing no proof to support it.

The press may not be the juggernaut it once was, but there are still a lot of journalists out there who are really good at skeptically listening to a claim, methodically vetting and finding holes in it, and asking those responsible to explain the discrepancies. When those officials can’t – or won’t – the whole thing unravels pretty fast, particularly after scenes like the one in Judge Hicks’s courtroom.

What, for a few weeks, seemed like a much-needed PR breakthrough for city leadership in general and the police in particular has instead put both on the defensive again as Smith’s and Stoney’s sensational account falters on the verge of collapse.

Chief Smith, Mayor Stoney – if you’ve got the goods that you say you do tying these two guys to a mass murder plot at Dogwood Dell (or any place else), it’s time to stop stonewalling legitimate inquiries and back your claim with some verifiable proof.

At stake is the public trust and confidence necessary to govern.

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Community

PHOTOS: Richmond International Dragon Boat Festival on the James

This morning Dragon Boat Races took place on a 500m course with events for Mixed, Women’s, and Open teams. Local crews battled it out for the coveted Community Championship trophy. 

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The Richmond International Dragon Boat Festival featured teams from all over the eastern seaboard and local businesses. Races take place on a 500m course with events for Mixed, Women’s, and Open teams. Local crews battle it out for the coveted Community Championship trophy.













































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We need your help. RVAHub is a small, independent publication, and we depend on our readers to help us provide a vital community service. If you enjoy our content, would you consider a donation as small as $5? We would be immensely grateful! Interested in advertising your business, organization, or event? Get the details here.

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Business

Majority of employers experiencing negative impact due to inflation, according To latest Virginia CEO survey

CEOs expect sales and employment to increase some, but capital spending to remain flat over the next six months.

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Eighty-four percent of CEOs are experiencing a negative impact on their business due to inflation. In addition to the current impact of inflation, 55% expect inflation to continue to rise above current levels over the next six months. That’s the latest from the quarterly CEO Economic Outlook Survey conducted by the University of Richmond’s Robins School of Business and the Virginia Council of CEOs.

“The survey results suggest that CEOs have felt a considerable negative impact from inflationary pressures and, as a result, are less optimistic overall about the next six months,” said Rich Boulger, associate dean at the Robins School, who administers the survey and collects the responses.

“It is no surprise that inflation is hurting small businesses,” said Scot McRoberts, executive director of VACEOs. “The entrepreneurs I work with continue to adapt to challenging conditions, but I have seen their optimism dim in recent months.”

Fifty-nine percent of CEOs expect sales to increase, with 28% expecting at least a 10% increase, while 52% expect employment to increase over the next six months.

The survey found expectations over the next six months for sales and employment were both positive, although expectations were down compared with the end of Q1 2022.

More than half (59%) of CEOs indicated that they expect sales to increase over the next six months.

  • 6% expected sales to be “significantly higher.”
  • 53% expected sales to be “higher.”
  • 13% expected sales to be “lower.”
  • 28% indicated they expected no change.

Thirty-one percent of CEOs expect capital spending to increase over the next six months (similar to last quarter), while 25% expect capital spending to decrease. More than 43% expect capital spending to remain flat.

Fifty-two percent of respondent CEOs expect employment to increase over the next six months. Additionally, 38% expect employment to remain flat while only 11% expect employment to fall.

Taken as a whole, the results pertaining to sales, capital spending, and employment are less positive than in the first quarter of 2022 with the overall Economic Outlook Index decreasing (81.3 versus 98.1) relative to the results from the end of Q1 2022.

Additionally, CEOs were again asked if the war in Ukraine and other world events have resulted in supply chain interruptions, which negatively impacted their business. They reported the following impact on their business:

  • No impact: 33%
  • A minor negative impact: 43%
  • A significant negative impact: 24%

For additional information about the CEO Economic Outlook Survey and a specific breakdown of the data, click here.

Will you help support independent, local journalism?

We need your help. RVAHub is a small, independent publication, and we depend on our readers to help us provide a vital community service. If you enjoy our content, would you consider a donation as small as $5? We would be immensely grateful! Interested in advertising your business, organization, or event? Get the details here.

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