Ex-teacher’s case goes to grand jury
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By Nate Delesline III
Published: July 18, 2008
The case of a Culpeper woman facing a felony drug charge will go before a Culpeper County grand jury next month, despite a defense motion to dismiss the case due to insufficient evidence.
Michele L. Auville, 35, faces a felony charge of possession of a controlled substance. Police say a smoking pipe with crack residue was found near where she had exited a vehicle after a brief chase.
General District Court Judge Roger Morton certified the case to the Aug. 18 term of the grand jury following about 20 minutes of testimony during a preliminary hearing Thursday morning.
Morton rejected a motion from defense attorney Kevin Smith to strike the case. He argued that because several people were in the vicinity of where the pipe was found, it would be difficult to establish possession.
However, Morton instead sided with Assistant Commonwealth’s Attorney David Barredo, accepting his argument that under the law, possession need not be exclusive. Morton also noted that the hearing was not a trial and that the commonwealth had produced sufficient evidence at this point.
During the hearing, Deputy Jason Smith testified that the May 31 incident began when he noticed a black Toyota “going very slowly and swinging from side to side,” on Madison Road around 5:15 a.m.
The deputy said that when he attempted to stop the vehicle, the driver, 27-year-old James H. Mack Jr., did not immediately stop. Instead, he said Mack continued driving, turned onto Old Orange Road, then into a driveway on Stallion Court before fleeing on foot.
Mack was arrested minutes later and charged with DUI and driving on a suspended license. His case is still pending. The third person in the vehicle was not charged.
Another deputy, Kilin Madison, who was called to assist at the scene, also told the court that when he interviewed Auville, she admitted to smoking crack two days earlier.
Auville, who did not speak during the hearing, taught at Emerald Hill Elementary School for nine years before resigning on June 2.
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Reader Reactions
Posted by ( wildchild519 ) on July 21, 2008 at 7:50 pm
I think this is a prime example of the flaws in our justice system. The facts state that the pipe was in the car, near her. She admitted to using two days earlier. What good is the word of an officer then? I’m sure a few police officers are corrupt in some way, but why would any officer randomly target someone like this? Plus, has anyone considered drug testing her? If no one did, then why didn’t she offer to be tested to prove her innocence rather than looking for evidence on the pipe?
Even if her argument was that it wasn’t hers, what was a teacher doing at 5:15 on a Saturday morning with people who already are smoking crack?!
If she wanted this case thrown out, she should not have put herself in a position like this in the first place. She got caught, and wants it to just go away, hoping that her resignation and troubles with finding a job in the near future will be punishment enough. But, as a teacher, her actions were completely inappropriate, and she should be prosecuted to the extent of the law - so needless to say, I’m glad it’s going to the Grand Jury.
She should not play the loopholes in the justice system that everyone does. If you do the crime, you do the time. It’s time she deals with the consequences of her actions.
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Posted by ( rjma ) on July 18, 2008 at 2:19 pm
residue equals felony? And using the prosecution’s theory on possession, if 60 people on a bus were pulled off and a pipe was found on the ground, then they can charge all 60 people as being in possession of the pipe?
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