Tag: Sentencing

The move will likely delay, again, the publication of a $1.5 million, taxpayer-funded report detailing what exactly happened the night of Nov. 13, 2022, that so far the university has refused to release to the public.

The Daily Progress is suing UVa to release the report on the grounds that it violated Virginia’s Freedom of Information Act.

“It appears that this will delay the report another nine and a half months,” Michael Haggard, an attorney for three of the dead’s families, told The Daily Progress. “The victims are victimized over and over again.”

The decision to push back the sentencing was revealed to The Daily Progress Thursday in a telephone interview with Albemarle County Commonwealth’s Attorney Jim Hingeley, who declined to specify a reason.

However, Haggard said that Hingeley’s office sought the delay after the defense recently delivered a lengthy mitigation report.

“Something this important, you’ve got to have your experts review it,” said Haggard. “It’s unfortunate.”

Christopher Darnell Jones Jr. preempted a planned January trial last November when he pleaded guilty to three first-degree murder charges, two counts of malicious wounding and five firearms charges.

Prosecutors at a Nov. 20 sentencing hearing revealed some details of the night of Nov. 13, 2022 — including foreboding text messages Jones sent to a younger brother and a mentor — but provided no real explanation for why the gunman opened fire on a chartered bus returning from a field trip to Washington, D.C.

Jones killed three students and Cavalier football players, Lavel Davis Jr., Devin Chandler and D’Sean Perry, and injured two others, football player Mike Hollins and second-year student Marlee Morgan.

The shooting rocked the university community and surrounding Charlottesville. The football season ended shortly thereafter, and while the university promptly held a town hall-style meeting and a public memorial for the three killed, questions have gone unanswered, such as why Jones even opened fire, how he managed to possess a gun and ammunition on university Grounds where it is forbidden, and why did university officials and police not respond more assertively when Jones’ behavior and armory were reported before the shooting.

Unlike Virginia Tech, which commissioned a state-appointed panel to publicly investigate a mass shooting there in 2007, UVa asked Attorney General Jason Miyares to commission a team of attorneys to review the 2022 case. That review, the university promised up until November 2023, would be released to the public, not only to explain what happened in detail but provide insight into how UVa and other colleges can avoid the same thing happening again.

In November 2023, UVa declined to release the report and has since fended off every attempt to force its release. The reasons why the report remains under lock and key have changed depending on who is speaking and where. The university’s communications department has said releasing the report would interfere with Jones’ criminal trial, attorneys for the university have said the report contains private personal details that would be illegal to release, and UVa President Jim Ryan has said that the information in the report was both inaccurate and would upset the families of the victims.

The victims’ families have been plainspoken: They want the report released.

A Daily Progress suit to compel the university was unsuccessful after Hingeley, the commonwealth’s attorney, intervened in the case. The Daily Progress has since filed to appeal to a state court in Richmond.

UVa says it will release the report at the conclusion of Jones’ criminal proceedings, but Thursday’s news indicates that is a moving target.

University spokesman Brian Coy declined to comment to The Daily Progress.

Each of Jones’ three murder charges can bring a sentence of life in prison.

His sentencing had been scheduled to occur at the end of a four-day hearing beginning Feb. 4 in Albemarle County Circuit Court. Now it has been slated as a five-day hearing beginning Nov. 17.

Haggard, the families’ lawyer, contends that the sentencing delay shouldn’t be used as an excuse to further delay the report.

“It’s separate from the criminal case,” said Haggard.

He said the release would benefit not just the grieving families and UVa community but would provide useful information for campus safety officials nationwide.

“They can learn stuff that can save another student’s life,” Haggard said. “Other universities are grappling with these same issues: What do we do about guns on campus? What do we do about red flags that come up about students?”

Haggard said he has repeatedly implored UVa to release the report.

“UVA could be a leader on this,” said Haggard. “I just wish they would step up.”