August 11, 2010, 2:30 pm UPDATE:
Clarke County Sheriff Tony Roper confirms that his department responded to a report of an intoxicated minor at the Clarke County Fair last night. A juvenile under the influence of alcohol was taken into custody. Roper said, per department policy, the juvenile was turned over to his parents after evidence processing was completed.
This morning a Juvenile Intake Officer made the decision to place the juvenile in custody. The juvenile is being held at the Juvenile Detention Center in Winchester.
When asked if the juvenile in question is the same young man connected to the accident that killed Aaron Shirley Sheriff Roper replied, “I have no comment.”
Charges Filed Against Driver in Accident
The Clarke County Commonwealth Attorney will prosecute the juvenile driver of the vehicle that killed Clarke County High School Senior, Aaron Shirley. Charges include Aggravated Involuntary Manslaughter, Manslaughter, and Driving Under the Influence.
On Wednesday, August 11, 2010, Virginia State Trooper, Kevin L. Myers obtained petitions against the juvenile driver in the matter involving the June 18, 2010 single vehicle truck crash which caused the death of Aaron Shirley. The Juvenile Intake Officer issued the following petitions:
1. Aggravated Involuntary Manslaughter in violation of section 18.2-36.1 B of the Code of Virginia
2. Manslaughter in violation of section 18.2-36 of the Code of Virginia
3. Driving Outside Restrictions in violation of section 46.2-334.01 B
4. Driving under the Influence in violation of section 18.2-226 of the Code of Virginia
According to Commonwealth Attorney, Suni Perka, the Aggravated Involuntary Manslaughter charge and the Manslaughter charge require proof of different elements.
“The Commonwealth will seek convictions of either of these charges under different theories,” Perka said in a written statement today. “The defendant cannot be convicted of both.”
Aggravated Involuntary Manslaughter requires proof of impairment (alcohol and/or drugs) and criminal negligence (callous disregard for human life). Manslaughter, under section 18.2-36, requires proof of criminal negligence.
“I expect that this matter, which at the time, is pending in the Juvenile and Domestic Relations Court, will be returnable for the Defendant’s first appearance on August 13, 2010,” Perka said.
Perka said that the defendant is currently being held at the Juvenile Detention Center in Winchester and will remain there until Friday when his detention status will be addressed.
The Commonwealth Attorney’s office also said that because the prosecution involves a juvenile defendant strict confidentiality rules will govern all disclosures.
The circumstances surrounding the accident remain under investigation.