Former School Shooter Released On Parole May Be Headed Back To Prison
Kenneth Bartley, a man who once served jail time for shooting his high school principal and vice-principal as a 14-year old, may be headed back to prison for parole violations stemming from an assault on his parents after he was released from jail for the shooting. Bartley was arrested in LaFollette, Tennessee after being wanted for almost a year for violating his parole in Vienna, Virginia.
Bartley was allowed to move to Northern Virginia to serve out his two-year probation sentence so long as he met conditions set by the judge in his assault case. The conditions included wearing a monitoring device, abstaining from drinking alcohol, and providing a physical address to the court.
In the Spring of 2015, an arrest warrant was issued for Bartley for multiple violations of his parole. However, Bartley could not be extradited from Virginia to Tennessee because the charges against him were only misdemeanors. While Virginia law allows authorities to seek extradition of suspects fleeing misdemeanor warrants, Tennessee does not.
Virginia extradition laws
Each state has its own laws and procedures for extradition of fugitives. Whether Virginia is the state of asylum or the demanding state, suspects still maintain certain legal rights throughout the affair and should have an experienced criminal defense attorney to advocate on their behalf.
When Virginia is the state of asylum, the extradition process begins with an appearance in District Court before a judge. At the preliminary hearing, the fugitive may waive his or her rights and willingly return to the jurisdiction that issued the warrant.
Should the suspect choose to contest extradition, the demanding governor must request an order of extradition, which includes copies of the arrest warrants, application for requisition, copies of the statutes violated, and identifying information about the fugitive.
Extradition process does not determine guilt or innocence
The extradition request is then sent to the State Attorney General for review. Prosecutors will examine the request and ensure that:
- The suspect is actually charged with a crime in the demanding state; and
- The identity of the suspect is correct.
Authorities do not make determinations about guilt or innocence, only that the warrant is valid and the proper individual is detained and taken into custody by the state of Virginia. Once in custody, the fugitive will appear before a Circuit Court judge for a hearing.
Fugitives have the right to legal counsel at these hearings to challenge the legality of the arrest. Fugitives may willingly turn themselves over to the demanding state or request a writ of habeas corpus.
The Circuit Court judge will then examine four criteria to determine if the extradition order is valid:
- The individual is a fugitive;
- The fugitive is charged with a crime in the demanding state;
- The individual is the actual fugitive named in the extradition order; and
- All extradition documents are in order.
If any of these conditions is not met, the judge may deny the extradition request and the fugitive is released.
Leesburg Criminal Defense Attorneys
The Leesburg criminal defense attorneys of Whitbeck Cisneros McElroy, PC dedicate themselves to ensuring their clients’ legal rights are exercised to the fullest extent possible. If you or a loved one is facing a criminal charge in Virginia, contact our firm for a consultation about your case. Our defense attorneys serve clients throughout Leesburg, Fairfax, Frederick, and Clarke County.