CHARLES CITY – For the second time, Hopewell City Councilor Dominic Holloway’s criminal trial in Charles City County has been delayed.
Holloway’s trial was scheduled for December, but was delayed when a witness for the prosecution and a witness for the defense were unable to attend. The story would be the same on Thursday morning, except this time five people were missing.
Holloway himself was one of the five missing. His defense attorney, Ivan Fehrenbach, presented Circuit Court Judge Michael McGinty documents he received the night before confirming Holloway’s son had been diagnosed with whooping cough. The court was uncertain if Holloway himself had been exposed or if the two lived together but, after a short recess, McGinty said he was concerned the “highly contagious” disease would spread. Fehrenbach noted the Centers for Disease Control was allegedly involved in the case.
Holloway
Four witnesses were also not present – on the defendant’s side, Ward 2 Councilor Michael Harris, TaShaunna Williams, and Tamara Claiborne; and on the prosecution’s side, Vanessa Patrick. Patrick was also the missing prosecution witness in December.
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Judge vents about postponement
The judge, McGinty, appeared aggravated by the delay.
“It’s one thing to not show up once, but twice?” McGinty said. Five show cause orders are expected for the witnesses and Holloway, requiring them to produce a reason for having not appeared despite a subpoena.
McGinty apologized to the crowd of witnesses, dismissed them, then apologized to the crowd of potential jurors.
“I apologize again,” McGinty said. “We can’t have the trial. … The prosecution is frustrated, the defense is frustrated, the court is frustrated. Everybody is frustrated.”
It is uncertain if McGinty will end up hearing the case – he explained his daughter is expecting twins and he would soon be out of town until April or May. Rather than delay the case that long, McGinty said he might transfer the case to another circuit court judge before he returns.
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A previous story from The Progress-Index on Holloway’s questionable use of a city credit card in June 2023 led to a formal investigation by Hopewell Commonwealth’s Attorney Rick Newman. Holloway was charged with embezzlement by a public officer, Virginia Code 18.2-112. This is a Class 4 felony, which is punishable by a 2-10 year prison term and a maximum fine of $100,000.
A hearing, not another trial, was set for Jan. 24. The missing witnesses will be expected in the courtroom per subpoena, and McGinty said there would be “certain consequences” for those unable to fulfill the requirements of the show case orders.
Holloway has represented Ward 7 on Hopewell City Council since 2023.
The case was moved across the James River to Charles City Circuit Court after Hopewell judges recused themselves. A special prosecutor has also been brought in to try the case.
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Lyra Bordelon (she/her) is the public transparency and justice reporter at The News Leader, filling in to cover a case for the Petersburg Progress-Index. Do you have a story tip or feedback? It’s welcome through email to lbordelon@gannett.com. Subscribe to us at newsleader.com.
This article originally appeared on Staunton News Leader: Hopewell Councilor Holloway’s trial delayed for a second time