Wicked Doll
April 19th, 2009, 03:01 AM
http://i586.photobucket.com/albums/ss306/wicked_doll777/delgross.jpg
Thursday was supposed to be the first day of a second-degree murder trial against Gary Joseph Delgross, 54, of Orange. But the trial didn’t happen. Instead, the prosecution filed a motion to dismiss Delgross’ second-degree murder charge and re-charge him with first-degree murder.
Delgross was accused of second-degree murder in the August beating death of Holland James Penton Jr., 31, of Orange County.
At the time of his arrest, authorities said Delgross beat Penton to death with a 4-foot-long carpenter’s level after a shouting match escalated into a deadly brawl.
Thursday, Commonwealth’s Attorney Diana Wheeler told Circuit Judge Daniel R. Bouton that her office had learned of new evidence in the case that suggested Delgross had acted with premeditation. When the grand jury originally heard the case against Delgross, no element of premeditation was considered.
Wheeler said it was the commonwealth’s attorney’s duty to not prosecute the second-degree murder charge and proceed, instead, with a first-degree murder charge.
“Given this new information, it’s appropriate that we proceed this way,” she said.
Defense attorney Michael Hallahan objected to the motion, and suggested the prosecution had not been diligent in collecting evidence earlier in the investigation. “The commonwealth cannot possibly argue they did due diligence to find that information out,” Hallahan said in court. “What were they doing for the previous seven months?”
Additionally, Hallahan said the commonwealth’s attorney failed to show good cause to not prosecute the second-degree murder charge.
But Bouton disagreed with the defense, and granted Wheeler’s motion.
“I find good cause does exist to justify the motion to nolle pros,” Bouton said.
A warrant for arrest for first-degree murder was served on Delgross soon after. Now, the legal process begins anew. Delgross will appear in Orange County General District Court for a preliminary hearing to determine whether there is sufficient evidence for a grand jury hearing.
Delgross is being held at the Central Virginia Regional Jail.
http://www.dailyprogress.com/cdp/news/local/crime/article/orange_case_upgraded_to_first-degree_murder/38869/
About three hours after Orange deputies responded to a fight involving a group of people Saturday night in the Pierce Lane area, they returned to the same place, and this time a man had been killed.
The first homicide victim of 2008 in Orange County was Holland James Penton Jr., a 31-year-old who lived on Lahore Road, Sheriff Mark Amos said.
“The first this year,” he said. “Hopefully the last.”
After the initial fight broke up, with no charges filed because all involved refused to cooperate, neighbors Penton and Gary Joseph Delgross continued to argue from their yards, the sheriff said.
The argument escalated, according to the sheriff, when Penton grabbed an ax handle and approached the 54-year-old Delgross, who broke the handle. Penton then apparently picked up a stick the size of a broom handle and Delgross grabbed a 4-foot level from his truck. Delgross struck Penton, knocking him to the ground, and beat the man until he fell unconscious, according to Amos.
It is unclear what the men were fighting about, the sheriff said.
Deputies arrived on the scene about 2 a.m. Sunday and found Penton. Rescue personnel attempted to treat the man but he was pronounced dead at the scene. An autopsy is being performed to determine the cause of death.
“Alcohol was a factor,” Amos said of the fight.
Orange authorities later arrested Delgross at his Pierce Lane home and charged him with second-degree murder. He is being held at the Central Virginia Regional Jail without bond. If convicted, Delgross would face up to 40 years in prison.
http://www.dailyprogress.com/cdp/news/local/crime/article/orange_sheriff_fight_led_to_killing/26380/
Thursday was supposed to be the first day of a second-degree murder trial against Gary Joseph Delgross, 54, of Orange. But the trial didn’t happen. Instead, the prosecution filed a motion to dismiss Delgross’ second-degree murder charge and re-charge him with first-degree murder.
Delgross was accused of second-degree murder in the August beating death of Holland James Penton Jr., 31, of Orange County.
At the time of his arrest, authorities said Delgross beat Penton to death with a 4-foot-long carpenter’s level after a shouting match escalated into a deadly brawl.
Thursday, Commonwealth’s Attorney Diana Wheeler told Circuit Judge Daniel R. Bouton that her office had learned of new evidence in the case that suggested Delgross had acted with premeditation. When the grand jury originally heard the case against Delgross, no element of premeditation was considered.
Wheeler said it was the commonwealth’s attorney’s duty to not prosecute the second-degree murder charge and proceed, instead, with a first-degree murder charge.
“Given this new information, it’s appropriate that we proceed this way,” she said.
Defense attorney Michael Hallahan objected to the motion, and suggested the prosecution had not been diligent in collecting evidence earlier in the investigation. “The commonwealth cannot possibly argue they did due diligence to find that information out,” Hallahan said in court. “What were they doing for the previous seven months?”
Additionally, Hallahan said the commonwealth’s attorney failed to show good cause to not prosecute the second-degree murder charge.
But Bouton disagreed with the defense, and granted Wheeler’s motion.
“I find good cause does exist to justify the motion to nolle pros,” Bouton said.
A warrant for arrest for first-degree murder was served on Delgross soon after. Now, the legal process begins anew. Delgross will appear in Orange County General District Court for a preliminary hearing to determine whether there is sufficient evidence for a grand jury hearing.
Delgross is being held at the Central Virginia Regional Jail.
http://www.dailyprogress.com/cdp/news/local/crime/article/orange_case_upgraded_to_first-degree_murder/38869/
About three hours after Orange deputies responded to a fight involving a group of people Saturday night in the Pierce Lane area, they returned to the same place, and this time a man had been killed.
The first homicide victim of 2008 in Orange County was Holland James Penton Jr., a 31-year-old who lived on Lahore Road, Sheriff Mark Amos said.
“The first this year,” he said. “Hopefully the last.”
After the initial fight broke up, with no charges filed because all involved refused to cooperate, neighbors Penton and Gary Joseph Delgross continued to argue from their yards, the sheriff said.
The argument escalated, according to the sheriff, when Penton grabbed an ax handle and approached the 54-year-old Delgross, who broke the handle. Penton then apparently picked up a stick the size of a broom handle and Delgross grabbed a 4-foot level from his truck. Delgross struck Penton, knocking him to the ground, and beat the man until he fell unconscious, according to Amos.
It is unclear what the men were fighting about, the sheriff said.
Deputies arrived on the scene about 2 a.m. Sunday and found Penton. Rescue personnel attempted to treat the man but he was pronounced dead at the scene. An autopsy is being performed to determine the cause of death.
“Alcohol was a factor,” Amos said of the fight.
Orange authorities later arrested Delgross at his Pierce Lane home and charged him with second-degree murder. He is being held at the Central Virginia Regional Jail without bond. If convicted, Delgross would face up to 40 years in prison.
http://www.dailyprogress.com/cdp/news/local/crime/article/orange_sheriff_fight_led_to_killing/26380/