Plea deal ends case, but train-track dispute lives on

CHESAPEAKE

Russell Davis say s a stretch of railroad tracks - about 1,000 feet in South Norfolk - belongs to him and his family, going back decades. So when the 55-year-old Virginia Beach man set about crafting a dirt ramp over the tracks in 2007, he landed in hot water with authorities.

He was charged with maliciously obstructing the railroads, a felony that could have resulted in prison time.

On Thursday, Davis reached a plea agreement in Chesapeake Circuit Court with prosecutors. After much haggling, Davis agreed to plead guilty to misdemeanor trespassing.

Judge Everette Martin Jr. sentenced Davis to 12 months in jail, suspending all time on the condition that he remain free on good behavior for five years. Davis says he will continue to fight over ownership of the tracks in civil courts.

"This is a sidetrack that my family bought from the Norfolk & Portsmouth Belt Line railroads in 1952," he said.

He said his father owned the former Davis Grain Corp., which was built in the 1950s to handle corn, wheat and soybeans. The sidetrack in question, off Bainbridge Boulevard near Dominion Boulevard, leads to a grain elevator, he said.

The issue became a criminal matter on Dec. 17, 2007. Workers were clearing the tracks when they came upon concrete, wooden ties and debris on the rails. Davis approached the crew and told them he owned the rails, spikes and land be neath.

John Hopkins, (757) 222-5221, john.hopkins@pilotonline.com