The Virginian-Pilot
©
NORFOLK
A judge has thrown out a $5 million lawsuit in the case of a woman killed by a man who was wrongfully released from jail because of a paperwork error.
Antoinette K. Logan, the mother of Katrina Wilson, the woman who was killed, filed the suit in April against George E. Schaefer III, the Norfolk Circuit Court clerk, and Vivian Rinde, a former deputy clerk. Circuit Judge Colin R. Gibb dismissed the suit because of immunity Friday.
Logan and Wilson, 42, had befriended James A. Moore and took him to their church after he began living on vacant property near them.
But Moore became obsessed with Wilson, the lawsuit alleged, and was charged with statutory burglary and destruction of property on Jan. 5, 2009, on allegations that he burglarized her home on Evelyn T. Butts Avenue. He posted $5,000 bail but was arrested again Jan. 25 on an allegation that he stole from a Wawa three blocks from Wilson's home. He was denied bail on the new charge.
In April 2009, he was being held on two sets of charges, and his lawyer asked for a bail on the charges involving Wilson's house. Judge Mary Jane Hall granted bail, but made clear she was not granting bail on the Wawa charge, the lawsuit alleged.
But Rinde prepared an order, which was signed by the judge, granting Moore bail on all charges, thus allowing his release, the lawsuit alleged.
Moore was released and stabbed Wilson 16 days later.
Andrew Sacks, an attorney for Wilson's mother, said he disagreed with Judge Gibb's finding that the clerks are immune because of a doctrine known as derivative judicial immunity.
"We are seriously considering an appeal to the Supreme Court of Virginia," he said.
An attorney who represented the clerks could not be reached for comment Tuesday.
Patrick Wilson, (757) 222-3893, patrick.wilson@pilotonline.com
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Immunity?
Immunity?
right outcome
Without even going into the immunity issue...the clerical error did not kill this poor person. The Defendant was granted bond by the Judge for the breaking and entering charge (into Wilson's home) probably because that charge had been dismissed previously in a lower court and the evidence was not sufficient to convict in Circuit Court either. No one can predict without question what someone will do when they are released but the Judge did the right thing at the time in granting bond on that charge. The fact that an error was made and he was supposed to be held without bond for stealing whatever from a gas station has ZERO nexus to him committing this horrible unrelated act. If he got out and stole from WaWa I could understand a lawsuit.
"The Defendant was granted
"The Defendant was granted bond by the Judge for the breaking and entering charge (into Wilson's home) probably because that charge had been dismissed previously in a lower court and the evidence was not sufficient to convict in Circuit Court either."
Thats not how it worked. He was granted bond prior to any indictment or certification to Circuit, meaning the charges were in good standing in lower court. He was convicted in Circuit.