Virginia
FOIA Friday: AG’s university protest guidance, former Petersburg superintendent’s pricey trips • Virginia Mercury
One of the less noticed features of the Virginia Way is the long-running tendency of the commonwealth’s leaders to conduct their decision-making behind closed doors. While the Virginia Freedom of Information Act presumes all government business is by default public and requires officials to justify why exceptions should be made, too many Virginia leaders in practice take the opposite stance, acting as if records are by default private and the public must prove they should be handled otherwise.
In this feature, we aim to highlight the frequency with which officials around Virginia are resisting public access to records on issues large and small — and note instances when the release of information under FOIA gave the public insight into how government bodies are operating.
AG’s email informed UMW leaders’ reaction to student protests
After 12 people, including 9 students, were arrested at a pro-Palestinian protest at the University of Mary Washington in Fredericksburg last month, new details are emerging about university leaders’ response to the event, which was shaped by guidance from the office of Attorney General Jason Miyares.
An April 26 email from Deputy Attorney General for Health, Education, and Social Services Rob Bell to Virginia Secretary of Education Aimee Rogstad Guidera, which the Mercury obtained from the university on Thursday through a FOIA request, defines the attorney general’s official stance on campus protests, the same day protesters created an encampment on UMW’s grounds.
“It is the legal position of the Office of the Attorney General that setting up a tent or establishing an encampment on university or college property is disruptive of the school’s activities and may violate other administrative policies,” the missive read. Colleges and universities had the authority to “refuse to allow such activity” and to “take down any tents that have been set up.” The AG’s office would “vigorously defend” the institutions if they met with challenges to these powers, the email concluded.
UMW President Troy Paino referenced the legal guidance when, on April 30, he met with a group of students seeking answers about the university’s decision to clear the encampment and arrest the protesters the preceding weekend, according to the Fredericksburg Free Press.
A student asked Paino “whether the Youngkin administration ordered the arrests of the 12 protesters who refused to leave an encampment,” which Paino denied, saying it was the he and the university’s board of visitors made that call themselves without “outside influence.”
“However, at one point during the meeting, Paino showed the students a document outlining the administration’s stance against the student encampments unfolding across the country,” the Free Press reported.
Another student attendee at the meeting with Paino said the school’s president revealed the students arrested in the protest wouldn’t be expelled or face academic suspension, and their only consequence would probably be a warning for not following the school’s order to leave the encampment.
“He came across as sincere and that he knows that the university could’ve responded better,” the student said.
Former Petersburg schools superintendent’s spending scrutinized
Petersburg’s former schools superintendent Dr. Tamara Sterling, who resigned suddenly in March without explanation, racked up $22,000 traveling to multiple conferences across the country over a 15-month period, public records of her travel expenses show.
Though it’s common for school division leaders to attend professional conferences to build skills and gain insights from their peers in other states, WTVR investigative reporter Melissa Hipolit, who obtained the expense reports through a public records request, found that Sterling spent “more than double what the Henrico County superintendent spent, 14 times what the Hopewell superintendent spent, and 43 times what the Chesterfield superintendent spent on travel” over the same time period, February 2023 to February 2024.
Sterling booked more than one hotel room for herself when attending three of the five conferences Hipolit reviewed. The conference trips to California, Nevada, Florida, Texas and Louisiana included several instances of extra hotel stays by Sterling, who in one case stayed seven days for a conference that lasted just two days.
Parents of students in Petersburg’s economically challenged schools were critical of Sterling’s spending from the division’s coffers, as was the area’s General Assembly representative, Sen. Lashrecse Aird, D-Petersburg.
“There just really is no rationale that can be used to explain the excess that’s appearing in the records that you found,” Aird told WTVR’s Hipolit in an on-camera interview.
Hipolit reported that Aird is collaborating with the Virginia Department of Education “to ensure greater enforcement and oversight of Petersburg schools so something like this does not happen again.”
Chesterfield police won’t release body cam footage from shooting that left mentally ill man dead
The Chesterfield County Police Department has refused to release body camera footage from a July 2023 incident wherein officers shot and killed a mentally ill man who was holding a hatchet, despite multiple requests for the footage from the Richmond Times-Dispatch.
Charles Byers had been placed under a 72-hour detention for mental health treatment at Chippenham Hospital’s Tucker Pavilion two days before officers encountered him, as they responded to reports that Byers was attempting to break into homes in a neighborhood near Wycliff Court. Exactly how the situation escalated to deadly gunfire remains in dispute; officers said Byers wouldn’t drop the hatchet when they told him to, and that they tased him without effect before Byers began advancing on them. At that point, officers said, they shot him.
Byers’ family, represented by attorney Paul Curley, contradicted that account, saying body camera footage showed Byers holding the hatchet “down by his knee” during the incident, backing away from officers after they tased him, and being shot in the back while fleeing from police.
“I was expecting to see some justifiable reason for shooting him,” Curley said. “They basically just gunned him down.”
The Times-Dispatch requested to review the body camera footage on April 3, after officials announced the officers involved in the fatal shooting would not be criminally charged. That request was denied, as was the paper’s subsequent FOIA request, which police withheld “pursuant to the closed investigations exemption under Virginia’s FOIA,” the paper reported. Police spokesperson Liz Caroon on April 8 invited the paper’s reporters to come to police headquarters to view the footage, but scheduling conflicts prevented them from attending. When the paper asked if another viewing could be arranged, Caroon declined.
Curley said Chesterfield police requested and received a protective order preventing the body camera footage from being released or shared.
“If there is nothing to hide, then they shouldn’t have any problem with the video coming out,” Curley said. “But they have gone to extraordinary lengths to hide it … They’re definitely covering up some stuff on purpose.”
Have you experienced local or state officials denying or delaying your FOIA request? Tell us about it: [email protected]
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Virginia
Man gets 10 years in killing of 14-year-old Virginia boy
A Virginia man was sentenced to 10 years in prison Friday – far less than the life sentence he faced at trial last year – for the death of a 14-year-old boy.
Ismael Cruz-Delcid was 18 when he shot and killed Michai Malave in a hotel parking lot in Herndon in March 2024.
Michai was shot after he got off the school bus with a friend. The shooter left the scene and hid the gun but turned himself in the next day.
Prosecutors asked a jury to find Cruz-Delcid guilty of first-degree murder. Michai’s family wanted Cruz-Delcid sentenced to life in prison.
During last year’s trial, Cruz-Delcid’s defense attorney told a jury his client believed Michai was affiliated with a gang. Cruz-Delcid was in his car alone that day and, according to testimony, when Michai and a friend got off of the school bus, Cruz-Delcid got out of his car and confronted Michai. A fight quickly ended with gunfire.
Cruz-Delcid argued he shot Michai in self-defense. Michai was unarmed.
That trial ultimately ended with a hung jury. Prosecutors intended to retry the case but told the court Friday they had a witness who wouldn’t be able to testify at the trial, so prosecutors and the family felt it would be too risky to move forward without that witness.
“We kinda had to get ahead of it and offer this deal,” said Michai’s mother, Jenna Malave. “I wasn’t happy about it, but there was no part of me that can sit in a courtroom, and they have to drop the charges.”
Cruz-Delcid got a plea agreement and 10 years, instead.
“Well, Ismael should be facing life, we all know that, but I’ve made peace with it,” Malave said.
Michai’s father testified Friday at sentencing, telling the court his son was his best friend and that he will never be the same again.
Michai’s mother told the court that while she’s made peace with the result of the case, forgiveness is not part of the narrative today.
“I’m just ready for me and my daughter to be able to move on and try to heal without getting that Band-Aid ripped off again every few months,” she said.
Virginia
Virginia farmer protects Secretariat’s playground from solar farms, data centers
CAROLINE COUNTY, Va. — A sprawling pasture in Caroline County where racing legend Secretariat once grazed as a young colt will be protected from development forever, thanks to a farmer’s dedication to preserving Virginia’s equine heritage.
Kevin Engel, who owns Engel Family Farms, has placed The Cove in Doswell under a permanent conservation easement with the Capital Region Land Conservancy. The 350-acre property, which includes forestland adjacent to Secretariat’s birthplace at the State Fairgrounds, will remain agricultural land in perpetuity.
“This is part of our family. Part of the history of the state. Part of the history of this country,” Engel said.
AP and WTVR
The Cove holds special significance as the place where the future Triple Crown champion Secretariat first stretched his legs before his legendary 1973 racing season. Leeanne Ladin with Secretariat for Virginia, an authority on the famous thoroughbred, confirmed the historical importance of the site.
“You can feel the history. That is where Secretariat grazed and played as a young colt,” Ladin said. “There has still never been quite anything like it.”
Engel began farming at The Cove in 1982 and developed a friendship with Secretariat’s trailblazing owner, the late Penny Chenery. In 2023, his family purchased the property to ensure its preservation.
“That was the time where I just wanted to come out by myself and look and say wow we finally got it done and give thanks for that,” Engel said.
The conservation easement means no solar farms, subdivisions or data centers can ever be built where Secretariat once played.
Parker Agelasto with the Capital Region Land Conservancy praised Engel’s vision, noting the timing is crucial as Central Virginia faces rapid development pressure.
“Central Virginia in the last few years has been the fastest growing region of the whole state. We have seen some of our individual counties being the fastest growing in the nation,” Agelasto said.
The property has been an active farm for hundreds of years, making its preservation even more significant for Virginia’s agricultural heritage.
“Where we are is remarkable for its history because it has been an active farm property for hundreds of years,” Agelasto said.
For Engel, protecting The Cove represents something more valuable than potential development profits.
“Money is not everything. It helps, but I want to build something that goes way beyond me,” Engel said. “I want something that sticks around forever.”
The farmer, who describes himself as a Secretariat devotee, was instrumental in bringing a bronze statue of the champion to Ashland in 2024. Now he can ensure future generations will experience the same pastoral landscape that shaped America’s greatest racehorse.
“There are only 50 states in this country, but there is only one state that Secretariat came from. This is it! And this is the spot,” Engel said. “We need to keep this around forever.”
Ladin expressed relief knowing this piece of racing history will be protected.
“It is such a wonderful thing that he and his family did because that really is preserving a special piece of Meadow history and Virginia history absolutely,” Ladin said.
The Cove at Meadow Farm in Caroline County now stands as a permanent testament to Virginia’s equine legacy, where visitors can walk the same fields where a legend once roamed.
“Every piece of land has a story to tell, but you have to let it tell the story. And in this instance, this land is forever connected to Secretariat,” Agelasto said.
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Virginia
Flu cases climb across Virginia, state reaches highest totals in years
HARRISONBURG, Va. (WHSV) – Flu cases are climbing across Virginia, reaching some of the highest levels the commonwealth has seen in years.
According to the Virginia Department of Health, over 21% of all emergency department visits in the northwest region this flu season were for respiratory illnesses. Rachel Dumene, spokesperson for the Central Shenandoah Health District, said while viruses can mutate and cause symptoms that are more severe, she said the challenge this year is how fast the flu is spreading.
“Sometimes they can mutate to create new symptoms or become more severe. However, that’s not what we’re seeing this year,” Dumene said. “This is a pretty average flu. However, the thing that’s different about it is that it’s spreading at a more rapid pace.“
That faster spread is leading to more infections overall, and more people experiencing serious symptoms. Children make up the largest share of flu-related emergency room visits in the region, which is why Dumene said vaccination remains one of the best tools to keep people out of the hospital.
“Even though this flu virus seems to be spreading at a higher rate than previous years, the flu vaccine still helps prevent against severe illness,” she said. “It is possible that people who get vaccinated can still get the flu. However, this can keep them from experiencing very negative consequences or having to go to the emergency room.”
It’s still not too late to get vaccinated, Dumene said. Protection develops about two weeks after the shot, and peak flu season often doesn’t arrive until February. She also recommended washing hands frequently, covering coughs and sneezes and staying home when sick to slow the spread.
What hospitals are seeing
Augusta Health Public Relations Manager Kristen Printy said regional hospitals and emergency medical services are working together to manage a seasonal increase in patients to make sure people across the region receive the care they need.
“This season has brought an increase in patients, and it’s important that hospitals and EMS agencies continue to work closely together,” said Crystal Farmer, MBA, MSN, RN, FACHE, Senior Vice President and Chief Operating Officer of Augusta Health. “By coordinating our efforts, we can help ensure patients get the right care, in the right place, at the right time, even when demand is higher.”
Robert Garwood, VP, Chief Medical Officer Sentara RMH Medical Center said increased ER volume secondary of the flu has translated into increased hospital admissions of these patients.
“The current flu vaccine does not cover the strain that’s circulating throughout our area really well, which has resulted in patients with some significant illness. This is again translated to increase hospital patient censuses and less bed availability, which also impacts our ED,” Garwood said.
Augusta Health added that people should always seek emergency care for serious or life-threatening conditions. For less urgent needs, people are encouraged to consider primary care, urgent care, or telehealth options when appropriate.
Copyright 2026 WHSV. All rights reserved.
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