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Loudoun County Attorneys > Blog > Criminal Defense > Authorities Investigate Possible Hate Crime in Fredericksburg

Authorities Investigate Possible Hate Crime in Fredericksburg

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Authorities say they may add hate crime enhancements to misdemeanor charges stemming from a July 20, 2025 incident.

Spotsylvania Sheriff’s Office Maj. Delbert Myrick said more charges could be filed against a 59-year-old man and a 32-year-old woman, who were recorded taunting the Black couple from Richmond. A third person recorded during the incident was not charged with a crime “at this time,” Myrick said. The couple was in the area visiting a relative, a resident of neighboring Caroline County.

“As we tried to leave, all three of them jumped into vehicles and chased us down the road,” one alleged victim stated. “One of them rode up beside us on a 4-wheeler and aimed a gun directly at my head through the driver’s window. In that moment, we truly believed we weren’t going to make it out alive. While fleeing, we were chased into a crash. I was ejected from the car.”

The office is proceeding carefully, according to Myrick. “We have a detective who is assigned to the case that is taking a deeper dive,” he said. “Part of the evidence he’s looking at is visual evidence, so we have to get our hands on the original video because what you see posted online has probably been altered. By altered, I mean probably been snipped and stuff.”

The alleged victim had a much different take on the incident. “This was hate. Targeted. Deliberate. And deadly,” she shared. “I’m not sharing this for sympathy — I’m sharing it because silence protects the people who did this. And they walked away while we were left to fight for our lives … This kind of hate is still out here. It’s real. It’s violent. It almost killed us. But we survived for a reason.”

Does VA Have a Hate Crime Law?

Kinda. Like most other states, Virginia has a hate crime law (technically a hate crime enhancement), but “hate” is not an element of this law. Furthermore, the enhancement only applies to bias-related assault and battery matters.

In 2024, lawmakers revised the hate crime law. It now applies to any defendant who “intentionally selects” a victim because of his/her:

  • Race,
  • Religious conviction,
  • Gender,
  • Disability,
  • Gender identity,
  • Sexual orientation,
  • Color, or
  • Ethnic or national origin.

The enhancement adds an additional thirty to 180 days in jail for a misdemeanor assault. If the assault and battery causes injury, the offense becomes a Class 6 felony (One to five years in prison and/or a fine of up to $2,500).

Normally, prosecutors use circumstantial evidence to prove the hate crime enhancement, such as social media posts and membership in certain organizations. More compelling evidence usually includes racial and other slurs uttered at the time of the assault.

Resolving Hate Crime Enhancements

Virginia’s hate crime enhancement is very narrow. As mentioned, it only applies to assault and battery. Furthermore, the state must connect bias with the crime. Joe the Skinhead might attack Rick the Black guy because Rick allegedly stole Joe’s girlfriend, not because Rick was Black. That’s why circumstantial evidence of bias is so weak in Virginia.

So, if a Leesburg criminal defense lawyer creates a reasonable doubt as to that connection, the hate crime enhancement won’t hold up in court.

Attacking the evidence in the underlying charge is usually a better option. If the state cannot prove the charge, any enhancement is irrelevant.

Assaults often involve procedural, substantive, and/or affirmative defenses. Procedurally, officers cannot interview witnesses in custody (even those not technically under arrest) until they administer the Miranda rights. Substantively, the state must often rely on shaky evidence (like possibly doctored video) to convict defendants. Self-defense is the most common affirmative defense in assault matters.

Rely on a Dedicated Loudoun County Lawyer

There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. Virtual, home, and jail visits are available.

Source:

fredericksburgfreepress.com/2025/08/01/beyond-grateful-to-be-alive-victims-of-alleged-spotsylvania-hate-crime-speak-out/

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