Trial Date Set as Krusinski Appears in Court
(Updated at 4:30 p.m.) Lt. Col. Jeff Krusinski, the Air Force sexual assault prevention chief who’s accused of sexual battery in Crystal City, will face trial in July.
With his attorney by his side, a stone-faced Krusinski was arraigned in Arlington General District Court this afternoon. Defense attorney Sheryl Shane argued for a later trial date, citing the need to track down and talk to witnesses, but the judge denied the request, instead setting a trial date of Thursday, July 18.
When Krusinski exited the courthouse after today’s hearing, he was mobbed by reporters and photographers from local and national news outlets. Despite a barrage of questions from microphone-toting TV reporters, he said nothing as he got into the back seat of a dark-colored BMW, which quickly drove off.
Krusinski was removed from his post as head of the Air Force’s Sexual Assault Prevention and Response program on Monday after ARLnow.com first reported that he had been arrested, accused of drunkenly grabbing the breasts and buttocks of a woman he didn’t know in a Crystal City parking lot.
The case became national headline news, leading to statements from Defense Secretary Chuck Hagel and President Obama, and contributing to a renewed debate about how to deal with the widespread problem of sexual assault in the military.
The charge of sexual battery that Krusinski faces carries a maximum penalty of 12 months in prison and a $2,500 fine. Prosecutor Cari Steele, an Assistant Commonwealth’s Attorney, declined to say whether she will seek the maximum sentence in the case.
Morning Notes
Arraignment for Air Force Officer — Lt. Col. Jeffrey Krusinski, the airman who was removed from his post as head of the Air Force’s Sexual Assault Prevention and Response program after being accused of sexual battery in Crystal City, is scheduled to be arraigned this afternoon in an Arlington County courtroom. While the Arlington Commonwealth’s Attorney office is prosecuting the case, the Air Force has the option of bringing its own case against Krusinski. [Associated Press]
CivFed Opposes Tree Removal at Cemetery — The Arlington County Civic Federation voted Tuesday to oppose a plan to remove 800 trees at Arlington National Cemetery in order to make way for about 30,000 in-ground burial spots and niche spaces. The resolution asks Arlington’s congressional delegation to sponsor legislation to stop the plan and asks the County Board to officially support the legislation. [Sun Gazette]
Four Students Earn Nat’l Merit Scholarships — Four Arlington students have been awarded National Merit Scholarships. The students receiving the $2,500 scholarships are: Ariel Bobbett and Elizabeth Roy of Washington-Lee High School, Nicole Orttung of Yorktown High School, and Robert C. Wharton of Thomas Jefferson High School for Science and Technology. [Arlington Public Schools]
Day One of School Board Caucus — The first day of the Arlington County Democratic Committee endorsement caucus for School Board will take place tonight from 7:00 to 9:00 p.m. at Drew Model Elementary School (3500 23rd Street S.). The second day of party voting will take place on Saturday. Incumbent James Lander is facing off against challenger Barbara Kanninen for the Democratic endorsement. [Arlington Democrats]
Flickr pool photo by Wolfkann
BREAKING: Guilty Plea in Jewelry Store Murder
(Updated at 4:00 p.m.) James Sylvester Caroline pleaded guilty this afternoon to the murder of Columbia Pike jewelry store owner Tommy Kin Mo Wong.
Caroline entered the plea before Arlington Circuit Court Judge William T. Newman, Jr. Newman sentenced Caroline to life in prison without the possibility of parole, plus an additional three years for a weapons charge. The plea removed the possibility of Caroline facing the death penalty.
As part of the plea deal, Commonwealth’s Attorney Theo Stamos read a statement of facts about the case.
Wong was born in Hong Kong but eventually emigrated Northern Virginia, married and raised a family. After working for years in the jewelry business, he purchased the store at 3219 Columbia Pike, named it Capital Jewelers, and began selling and repairing jewelry and watches.
An industrious man with a well-established daily routine, Wong’s family became worried when he didn’t return home after work on Friday, July 27, 2012. They called police, who were dispatched to the store, and then his wife and daughter drove to the store themselves.
After receiving permission from the family, firefighters broke the front window of the store to allow police to gain entry. They found Mr. Wong, deceased from a gunshot wound, in a rear hallway.
Video surveillance from the store and the nearby Days Inn, obtained during the extensive investigation that followed, showed the tragic scene and its aftermath unfold.
A man in reflective vest, later identified as Caroline, was seen entering the store and looking at the display cases with Mr. Wong. The man then pulled out a .40-.45 caliber silver handgun, and ordered Mr. Wong to place jewelry in a bag. Mr. Wong complied, handed over the bag, then started backing away. The man shot him once in the chest and left the store, prosecutors said.
The man in the vest was seen from the Days Inn getting into a Ford Explorer with the bag of jewelry, then driving away.
Police released surveillance images from the store, which led to a tip that the vest belonged to Parkinson Construction, which was doing masonry work on the new Wakefield High School, about two miles away. After police visited the job site, they received a call from the company’s attorney, informing them that one of their workers, James Sylvester Caroline, had recently applied for a transfer from the Wakefield job.
Caroline, who was on parole for credit card fraud, was found to drive a Ford Explorer. With that and other evidence, police obtained a warrant and, after Caroline left Wakefield on Aug. 1, 2012, he was pulled over by the Arlington police tactical unit on nearby King Street. The 53-year-old D.C. resident was arrested and held on an unrelated probation violation. He was charged with Wong’s murder two days later.
Detectives reportedly found papers in Sylvester’s car with the addresses of other jewelry stores which had recently been robbed. They found a pocket watch, believed to be stolen from Capital Jewelers. And they found a photo on Caroline’s cell phone depicting him with the silver handgun.
Upon further investigation, police found that Caroline had sold a watch at a pawn shop in Maryland 2-2.5 hours after the robbery on July 27. The watch, a Breitling, was determined to have been stolen from Capital Jewelers thanks to a serial number match.
Caroline displayed little emotion during the proceedings. With a team of three attorneys by his side, he quietly answered Judge Newman’s questions, affirming his agreement to and understanding of the plea.
Caroline’s family was in the courtroom for the judge’s sentence, but Wong’s family decided not to attend.
This article will be updated
Suspect in Fatal Hit and Run Found Guilty
A Maryland man has been found guilty of a fatal hit and run accident that occurred on Route 50 in 2011.
Yorktown High School grad Zorigoo Munkhbayar, 23, was walking along eastbound Route 50 near Courthouse early on the morning of Sept. 16, 2011, when he was struck by a box truck. The truck and its driver did not remain at the scene. Police later found Munkhbayar dead, lying in the roadway on the Route 50 exit to N. Rhodes Street.
A month later, after analyzing parts of the truck that were left at the scene, police arrested Marc D. Hicks of Oxon Hill, Md., and charged him with hit and run.
The case went to trial on Monday, with Hicks maintaining that he did not know he struck Munkhbayar. Hicks, 43, claimed that he thought damage to his truck was caused by a deer he struck in Maryland later that morning. (The truck belongs to a commercial snack delivery business.)
On Thursday, however, an Arlington County jury found Hicks guilty of felony hit and run, recommending a sentence of 15 months in prison, according to prosecutors. Hicks will remain in the Arlington County jail pending a final sentencing hearing that’s scheduled for Friday, May 17. At that hearing, a judge will have the option of either imposing the recommended sentence or a reduced sentence.
Jennifer Clarke, the Arlington Assistant Commonwealth’s Attorney who prosecuted the case, told ARLnow.com that Hicks was only charged with hit and run, and not any other crimes, because the facts of the case did not suggest that he was negligent in the accident.
“There was no evidence of reckless driving, there was no evidence of intoxication or any impairment, it was just an accident that happened… and he just didn’t stay on scene,” she said.
Clarke said that there were no witnesses to the accident.
Morning Notes
Lane Markings Repainted Near Pentagon — The lane markings on Route 110 near the Pentagon were repainted this week after NBC4 alerted VDOT to “awkward lane markings” left there by construction work. Before the repainting, “motorists drove along seemingly in one lane, only to have that lane disappear right under them,” NBC4′s Adam Tuss said. [NBC Washington]
Va. Anti-Sodomy Law Overturned — A U.S. appeals court panel has ruled that Virginia’s anti-sodomy law is unconstitutional. The case involved a man accused of soliciting sodomy with a 17-year-old girl. One of the judges said that “Virginia can and should punish adults who have sexual relations with minors, but the state cannot use an unconstitutional law to do so.” [Richmond Times-Dispatch]
Arlington Plans to Sell $264 Million in Bonds — Arlington County is planning to sell up to $264 million in municipal bonds next month. The sale would include $94 million in new bonds and $170 million in refinanced existing bonds. The debt service on the new bonds will add about $8.7 million per year to the county’s budget. [Sun Gazette]
Moran Calls for Action on Climate Change — Rep. Jim Moran (D-Va.) took to the House floor on Tuesday to call for Congress to take action to “prevent further damage from climate change by developing a long-term strategy to address the issue.” [YouTube]
Photo courtesy Scott Shelbo
BREAKING: Guilty Verdict in Diener Murder Case
An Arlington County jury has returned guilty verdicts in the trial of 26-year-old Javon Martin, who was implicated in the 2009 murder of Lyon Village resident Carl Diener.
The jury found Martin guilty of robbery and first degree felony murder today, according to prosecutors. He faces a sentence of 25 years to life in prison. The sentencing phase of the trial will begin this afternoon.
During the trial, which began last Monday, the jury heard testimony from Roger Clark III, Martin’s co-defendant, who pleaded guilty to Diener’s murder in January 2012. Clark described the crime as an early-morning robbery that went wrong when Diener fought back and turned out to be stronger than the men expected. During the struggle, Diener was fatally stabbed.
The case was prosecuted by Chief Deputy Commonwealth’s Attorney Molly Newton and Assistant Commonwealth’s Attorney John Lynch.
A more detailed statement from prosecutors is expected later today.
Food Trucks Claim Victory as Judge Tosses Loitering Charge
(Updated at 6:25 p.m.) Food truck owners are declaring victory after a successful showdown over a street vending ordinance in Arlington General District Court.
Currently, under Arlington County Code 30-9, food trucks are prohibited from vending on a public street for more than an hour in one spot. The enforcement of that portion of the Arlington County Code led to an outcry among food truck owners, who say it unfairly targets their business in order to protect brick-and-mortar restaurants.
Late last year, the Institute for Justice, an Arlington-based libertarian law firm, announced that it was taking up the case of Arlington food trucks as part of its National Street Vending Initiative, which seeks to break down legal barriers for street vendors. Today, that effort bore fruit.
An Arlington County judge, at the request of prosecutors from the Commonwealth’s Attorney’s office, dismissed a loitering charge against Hyun “Anna” Shil Goree, co-owner of the Seoul Food truck. Goree was charged with the crime — a Class 1 misdemeanor punishable by up to a year in jail and a fine of up to $2,500 — after a police officer determined that she had not moved her truck “far enough” to comply with the law.
Last year Goree was fined $25 and $200 after pleading no contest to street vendor loitering charges in August and October. After being charged again in December, she decided to fight back, enlisting the help of the the Institute for Justice and the law firm of Gibson, Dunn, & Crutcher LLP. The charged was dismissed today via a nolle prosequi motion.
The Food Truck Association of Metropolitan Washington, which has spoken out against the Arlington ordinance, says the dismissal is a victory against an arbitrary law that’s “vague and open to different interpretations.”
“This case highlights the absurdity of treating what amounts to a parking violation as a crime on par with assault,” said Doug Povich, co-owner of Red Hook Lobster Pound truck and Chairman of the Food Truck Association. “The Food Truck Association hopes to work with the County in the months ahead to craft a food-truck law that serves the County’s residents and workers and keeps food trucks as a vibrant part of Arlington’s business community and streetscape.”
Arlington County spokeswoman Mary Curtius said the county is indeed working to change the ordinance.
“We realize that the 60-minute time limit is challenging for vendors and for customers, and we are working to change it,” Curtius said. “We hope to be bringing something forward in the Spring.”
Arlington Commonwealth’s Attorney Theo Stamos said she asked for the charges to be dismissed after consulting with the police department.
“I made the decision… in consultation with the police department and with the awareness that the current ordinance is very difficult to enforce,” she told ARLnow.com. “It’s difficult to enforce because it requires a police officer to watch a truck for an hour (or some other witness willing to come to court to testify to the fact that the food truck hasn’t moved in 60 minutes)… then there is the definition of ‘move’ that is also problematic. Does it mean an inch? A parking space? Around the block?”
“The officers were responding to requests from store owners to enforce the ordinance,” Stamos continued. “Unfortunately, the ordinance, as written, is rather unclear and a criminal statute is always construed against the Commonwealth and in favor of the defendant, which is as it should be.”
Stamos said it’s “unlikely” that her office will prosecute additional loitering cases against food trucks until the County Board updates the ordinance.
The full press release from the Food Truck Association, after the jump.
File photos
Morning Notes
Accident Shuts Down GW Parkway — The northbound GW Parkway was closed this morning before Route 123 due to a reported multi-vehicle accident. Northbound traffic was being diverted onto Spout Run Parkway. [WTOP Traffic]
The Origins of Broyhill Forest — In 1952, homes in Broyhill Forest, a planned community adjacent to the Washington Golf and Country Club, went on sale for $19,000 to $27,000. Falls Church News-Press columnist Charlie Clark, a resident of Broyhill Forest, recalls the Broyhill family and their impact on Arlington. [Falls Church News-Press]
Pistol Certification Class at Arlington Church — A local firearms instruction company is offering NRA First Steps Pistol Orientation courses at Bloss Memorial Church in Lyon Park. The course completion certificate can be used to obtain concealed carry permit in Virginia. While classroom instruction is conducted at the church, live fire portions of the class are conducted at the NRA headquarters range in Fairfax. [Liberty Firearms Instruction]
Energy Journey Game on Saturday — Arlington County is organizing an “interactive life-size board game” that offers residents a chance to “challenge yourself on everyday actions that have an energy impact.” The “Energy Journey Game” starts at 1:00 p.m. on Saturday (Feb. 2). [Fresh AIRE]
‘Georgetown Cuddler’ Conviction Overturned — An appeals court has overturned the conviction of Arlington resident Todd M. Thomas, 26, the accused “Georgetown Cuddler.” [Washington Post]
Morning Notes
APS Announces Make-up Day Plan — Arlington Public Schools has lost three days this school year due to inclement weather, including the day lost as a result of the controversial decision to close this past Monday for what turned out to be mostly drizzle. APS has announced its make-up plan, though most schools will not actually have to make up any days due to additional hours built into the school calendar this year. Those impacted by the make-up plan are elementary schools with early release and the Stratford Program, which will see three abbreviated days turned into full days as part of the make-up plan. [Arlington Public Schools]
County to Explore More Options for Reeves Farmhouse — Arlington County is issuing a ‘request for information’ for the historic Reevesland farmhouse. The county is now seeking ideas from individuals and groups who want to use the farmhouse and its grounds but don’t have the nearly $1 million necessary for repairs to the property. That’s a win for one group of residents who have been pushing for the property to be used as a learning center. ”We’re open to the idea of shared investment,” said County Manager Barbara Donnellan. [Sun Gazette]
Arlington Judge to Retire — Arlington County General District Court judge Karen A. Henenberg is retiring. Henenberg and her husband plan to spend more time with their sons: Kenneth, a rock band guitarist, and Benjamin, a professional golfer. [Falls Church News-Press]
Flickr pool photo by Ddimick
Morning Notes
Water Main Work Complete — Arlington County crews completed repairs on a 30″ water main near Arlington Boulevard and N. Irving Street Friday. As of Saturday, parts of the county that experienced low water pressure as a result of the repairs were back to normal service, according to the Department of Environmental Services.
New Asst. Superintendent Appointed — The Arlington School Board has appointed a new Assistant Superintendent of Instruction. Connie Skelton, a 22-year APS employee who started her career as a middle school science teacher, has been appointed to the position effective immediately. She replaces Dr. Mark Johnston, who was one of numerous senior APS staffers to depart since 2010. [Arlington Public Schools]
Vote on New Williamsburg School Expected Feb. 7 — School Board members are expected to vote on the concept for a new elementary school on the Williamsburg Middle School campus on Feb. 7. The $43 million school project has attracted scrutiny from Fairfax County due to possible traffic impacts. [Sun Gazette]
Fmr. CIA Officer Sentenced — John Kiriakou, a former CIA officer who lives in Arlington, has been sentenced to 30 months in prison. Kiriakou pleaded guilty in October to intentionally disclosing the identity of a covert CIA agent to a journalist. [U.S. Dept. of Justice]
‘Unleashed’ Open at Pentagon Row — Unleashed by Petco, a new pet store, has opened at Pentagon Row (1101 S. Joyce Street). The store offers “everyday pet essentials along with top-shelf natural, raw, organic, dehydrated and freeze-dried nutrition.” [Petco]
Morning Notes
Pentagon Shooter Sentenced — Yonathan Melaku, the ex-Marine who pleaded guilty last year to firing bullets at the Pentagon, has been sentenced to 25 years in prison. Melaku had planned a terror campaign that included spray painting Arabic statements on gravestones and leaving explosives in Arlington National Cemetery, according to prosecutors. [Washington Post]
Bad Reviews for Rosslyn Safeway — While getting high marks for friendly cashiers, the Safeway supermarket in Rosslyn has earned a dismal 1.5 out of 5 stars in 53 reviews on Yelp. Customers have called the store “disgusting,” “gross,” “cavernous” and the “worst grocery store ever.” [Ode Street Tribune]
Gala Celebration for Wakefield High — The Wakefield Alumni Foundation will be hosting a celebration in May to celebrate the high school’s 60th anniversary. A new Wakefield High School building is expected to open this summer, and the present 1950s-era building will eventually be torn down. [Sun Gazette]
Wakefield Routs Yorktown — The Wakefield Warriors boys basketball team defeated the Yorktown Patriots by the lopsided score of 74-41 on Jan. 11. Wakefield improved to a record of 10-4 overall, while Yorktown fell to 5-8. [Sun Gazette]
Photo by Katie Pyzyk
Court House Brawl Sends One to Hospital
A brawl outside of an Arlington County courtroom sent one man to the hospital Tuesday morning.
A woman’s boyfriend and her ex-husband got into a physical fight as a result of a child custody dispute at the Arlington County Juvenile and Domestic Relations Court (1425 N. Court House Road), according to Arlington County Police spokesman Dustin Sternbeck.
Sheriff’s deputies broke up the fight. One of the men was punched in the face and was transported to Virginia Hospital Center for “very minor injuries,” according to Sternbeck.
The man who was brought to the hospital, 38-year-old D.C. resident Maron Moss, Jr., was identified as the “aggressor” and charged with assault and battery, Sternbeck said. The second man was not charged.
Arlington Resident, Fmr. CIA Officer Pleads Guilty to Covert Disclosure
A former CIA officer who lives in Arlington has pleaded guilty to revealing the name of a covert CIA officer to a journalist.
John Kiriakou, 48, agreed to a 30 month prison sentence for disclosing the covert officer’s name. The crime was detailed in a statement of facts entered in the case.
From a U.S. Department of Justice press release:
Former CIA officer John Kiriakou, 48, of Arlington, Va., pleaded guilty today to disclosing to a journalist the name of a covert CIA officer and also admitted to disclosing information revealing the role of another CIA employee in classified activities.
Neil H. MacBride, U.S. Attorney for the Eastern District of Virginia, and James W. McJunkin, Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement after the plea was accepted by U.S. District Judge Leonie M. Brinkema.
Kiriakou pleaded guilty today to one count of intentionally disclosing information identifying a covert agent. As part of the plea agreement, the United States and Kiriakou agree that a sentence of 30 months in prison is the appropriate disposition of this case. Sentencing has been scheduled for Jan. 25, 2013.
“The government has a vital interest in protecting the identities of those involved in covert operations,” said U.S. Attorney MacBride. “Leaks of highly sensitive, closely held and classified information compromise national security and can put individual lives in danger.”
“Disclosing classified information, including the names of CIA officers, to unauthorized individuals is a clear violation of the law,” said Assistant Director in Charge McJunkin. “Today’s plea would not be possible without the hard work of the prosecutors and FBI Special Agents and analysts who brought this case to justice, and who will continue to pursue those who ignore their obligations to protect national security secrets.”
According to court records, the case is a result of an investigation triggered by a classified filing in January 2009 by defense counsel for high-value detainees at Guantanamo Bay, Cuba. This filing contained classified information the defense had not been given through official government channels, including photographs of certain government employees and contractors. The investigation revealed that on multiple occasions one of the journalists to whom Kiriakou illegally disclosed classified information, in turn, disclosed that information to a defense team investigator. This information was reflected in the classified defense filing and enabled the defense team to take or obtain surveillance photographs of government personnel. The government has made no allegations of criminal activity by any members of the defense team for the detainees.
Kiriakou was a CIA intelligence officer between 1990 and 2004, serving at headquarters and in various classified overseas assignments. Upon joining the CIA in 1990 and on multiple occasions in following years, Kiriakou signed secrecy and non-disclosure agreements not to disclose classified information to unauthorized individuals. In a statement of facts filed with his plea agreement, Kiriakou admitted that he made illegal disclosures about two CIA employees and their involvement in classified operations to two journalists (referenced as “Journalist A” and “Journalist B” in court records) on multiple occasions between 2007 and 2009.
Kiriakou admitted that, through a series of emails with Journalist A, he disclosed the full name of a CIA officer (referred to as “Officer A” in court records) whose association with the CIA had been classified for more than two decades. In addition to identifying the officer for the journalist, Kiriakou also provided information that helped the journalist link the officer to a particular classified operation.
In addition, Kiriakou admitted that he disclosed to Journalists A and B the name and contact information of a CIA analyst, identified in court records as “Officer B,” along with his association with an operation to capture terrorism subject Abu Zubaydah in 2002. Kiriakou knew that the association of Officer B with the Abu Zubaydah operation was classified. Based in part on this information, Journalist B subsequently published a June 2008 front-page story in The New York Times disclosing Officer B’s alleged role in the Abu Zubaydah operation.
Without Kiriakou’s knowledge, Journalist A passed the information he obtained from Kiriakou to an investigator assisting in the defense of high-value detainees at Guantanamo Bay.
Kiriakou also admitted that he lied to the CIA regarding the existence and use of a classified technique, referred to as a “magic box,” while seeking permission from the CIA’s Publications Review Board to include the classified technique in a book.
This case was investigated by the FBI’s Washington Field Office, with assistance from the CIA and the Air Force Office of Special Investigations. Assistant U.S. Attorneys Iris Lan of the Southern District of New York, Mark E. Schneider and Ryan Fayhee of the Northern District of Illinois, and W. Neil Hammerstrom Jr. of the Eastern District of Virginia are prosecuting the case on behalf of the United States.
Morning Notes
Mental Evaluation for Fire Bomb Suspect — Lawyers for Leon Traille, Jr., the man accused of trying to fire bomb the Ballston Common Mall food court last week, have asked the federal judge in the case to grant a mental health evaluation. Traille is charged with arson and faces 5 to 20 years in prison if convicted. [Washington Post]
Disturbance at Arlington Screening of ‘Hating Breitbart’ — A liberal activist is accused of disrupting the Friday night showing of the documentary Hating Breitbart at the Regal theater at Ballston Common Mall. Moviegoers say the activist, Ryan Clayton, shouted at the screen and laughed loudly at inappropriate times during the film about the late conservative media icon. [The Hollywood Reporter]
D.C. Sniper’s Ex-Wife Talks at Ft. Myer — Mildred T. Muhammad, the ex-wife of executed D.C. sniper John Allen Muhammad, spoke earlier this month at Joint Base Myer-Henderson Hall. Muhammad, who was abused by her ex-husband, was the guest speaker at the base’s Domestic Violence Awareness Month observance. [U.S. Army]
New ‘Car Free Diet’ Video — Arlington County Commuter Services has commissioned a new series of videos for its ‘Car Free Diet’ campaign. The theme of the videos is “What’s Your One?” — and they make the case for walking, biking or taking public transit instead of driving. The videos will play on Arlington TV, the county’s cable channel, and prior to movie previews a the Regal Ballston Common and the AMC Loews Shirlington theaters. Disclosure: ACCS is an ARLnow.com advertiser. [YouTube]
Flickr pool photo by ddimick
UPDATED: Ballston Mall Molotov Cocktail Suspect Charged
Arlington County Police have filed charges against the suspect in yesterday’s attempted fire bombing of the Ballston Common Mall food court.
Leon A. Traille, Jr., 29, of no fixed address, has been charged with reckless endangerment, attempted malicious bodily injury by use of fire, and use of a fire bomb.
Traille is due in Arlington County Court this morning for a preliminary hearing. Traille is still being interviewed by federal investigators, but Arlington County Police spokesman Dustin Sternbeck said he has so far not been very cooperative. Federal charges, which may supersede the local charges, have also been filed (see below).
Sternbeck said the crime Traille is accused of — tossing a glass bottle, with a lit wick and containing a flammable liquid, into the mall food court — was likely not an act of terrorism.
“Right now we don’t believe it’s an act of terrorism,” he said. “It’s more like it’s an act of stupidity.”
The LinkedIn account for an individual with the same name and age as Traille says he’s a computer programmer who has been out of work since Aug. 2011. According to public records, Traille has previously lived in Georgia and Oregon. A public records search turned up no prior criminal history.
Update at 12:35 p.m. — Traille is being now facing a federal arson charge, which carries a minimum sentence of five years in prison if he’s convicted. The U.S. Attorney’s office has released the criminal complaint against Traille and issued the following press release.
Leon Alphans Traille Jr., 29, has been charged with committing arson for allegedly throwing a Molotov cocktail into the food court area of the Ballston Common Mall in Arlington, Va.
Neil H. MacBride, United States Attorney for the Eastern District of Virginia; Richard W. Marianos, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division; James W. McJunkin, Assistant Director in Charge of the FBI Washington Field Office; and M. Douglas Scott, Arlington Chief of Police, made the announcement.
Traille was taken into custody on Oct. 18, 2012, and was charged through a federal criminal complaint this morning with arson, which carries a mandatory minimum of five years and a maximum penalty of 20 years in prison, if convicted. He will make an initial appearance at 2 p.m. before United States Magistrate Judge Theresa C. Buchanan in Alexandria federal court.
According to an affidavit filed with the criminal complaint, a man possessing a distinctive gray and red backpack threw a lit improvised explosive device, sometimes called a Molotov cocktail, into the food court area of Ballston Common Mall in Arlington. The device – a brown glass bottle fixed with matches – did not explode, but it produced a flame that was extinguished. After throwing the device, the man proceeded to the second floor skyway area of the shopping mall and dropped a bag containing three additional Molotov cocktails before exiting the mall.
The complaint alleges that witnesses who saw the man throwing the device provided law enforcement with a description matching that of Traille, and a video surveillance system allegedly caught a picture of Traille as he exited the shopping mall. He was apprehended yesterday afternoon in a public area nearby the mall in possession of the gray and red bag.
This case was investigated by the ATF’s Washington Field Division, FBI’s Washington Field Office, and the Arlington Police Department. The prosecution is being handled by Assistant U.S. Attorney Dennis Fitzpatrick of the U.S. Attorney’s Office for the Eastern District of Virginia’s National Security and International Crime Unit.
Criminal complaints are only charges and not evidence of guilt. A defendant is presumed to be innocent until and unless proven guilty.
