Gang charges tossed in Va. Beach fatal shooting

VIRGINIA BEACH

Gang and mob assault charges have been dismissed against most of the defendants charged in connection with a fight and fatal shooting at a convenience store in April.

Prosecutors sought the dismissal of charges against most of the defendants in the April 28 incident across the street from Green Run High School because of a recent opinion from the Virginia Court of Appeals, said Macie Pridgen, a spokeswoman for the office of Commonwealth's Attorney Harvey Bryant.

The July 13 opinion reversed a conviction of participation in a criminal street gang that included a juvenile in a Portsmouth case.

The opinion raised legal issues in the Virginia Beach cases, Pridgen said.

Prosecutors would have had to prove two prior acts of gang activity before the April 28 incident for each defendant, Pridgen said. Police are still investigating gang activity.

"We'll bring back charges if there's sufficient evidence," she said.

Dianne G. Ringer, who argued the appeal in the Portsmouth case, said she thought the Court of Appeals had sent a clear message to prosecutors pursuing charges under Virginia's gang laws.

In order to prove gang offenses, prosecutors have to have very specific evidence, she said.

"It's not enough to have anyone just walk into a courtroom and say it's a gang," Ringer said.

Bill Prince, spokesman for Portsmouth Commonwealth's Attorney Earle C. Mobley, said Mobley was still reviewing the opinion.

A total of 13 people were charged in connection with the April 28 incident in Virginia Beach. Three were students at Green Run High School when they were arrested.

The incident began shortly after students were dismissed from school. Police have said the incident was gang-related and resulted in the death of 19-year-old Eric Satterwhite Jr.

Kevin D. Ford Jr., who police have said was the shooter in the case, still faces charges of second-degree murder, use of a firearm, participation in a criminal street gang, and mob assault.

Kahleel Ford pleaded guilty to simple assault Thursday in connection with the incident.

The defendants in the case who no longer face charges are: Christopher Wayne Alexander, Joseph Alan Burress, Sherrod Ivory Gaskins, Trayvian Jamal Lewis-Hewlett, Wayne Aundre Moore Jr., Jameal Karmone Payne, Todd Deyontea Pryor, Maurice Anthony Robinson Jr., Edgardo Inpong Satsatin Jr., Dwan M. Peel, and a 16-year-old male whose identity was not released because he is a juvenile.

Many of the defendants have been in custody since their arrest.

Attorney Richard H. Doummar, who represented Moore, said he never understood the charges against his client, who was hit by a baseball bat during the incident.

Attorney Benjamin H. Hamlet said his client, Gaskins, had been freed from custody and was pleased with the outcome. He's still hoping to graduate from Green Run.

Jen McCaffery, (757) 222-5119, jen.mccaffery@pilotonline.com