Category Archives:News

Jury Recommends 25 Years in Prison for Shooting at 7-Eleven; Commonwealth v. Malik Brown

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Colin D. Stolle, Commonwealth’s Attorney for the City of Virginia Beach, announced today that Malik Brown, 21 years old, previously residing in the 7100 block of Sewells Point Road in Norfolk, Virginia, was found guilty by a jury on charges of Second Degree Murder and Use of a Firearm. Circuit Court Judge Stephen C. Mahan presided over the three-day jury trial. The jury recommended a sentence of 25 years in prison. Formal sentencing is scheduled for July 7, 2020.

The Commonwealth’s evidence proved that on March 4, 2019, the victim, Malcolm Jones, was shot at close range by Malik Brown during a verbal dispute in the parking lot of 7-Eleven located at 1672 Virginia Beach Boulevard in Virginia Beach. Brown shot Jones as he was pulling out of the parking lot. Jones collapsed to the ground immediately and died at Virginia Beach General Hospital later that day. Following the shooting, Brown threw the gun he used off the Campostella Bridge and fled the area with his girlfriend. Detectives with the Virginia Beach Police Department were able to track down Brown and arrest him later that day in Waverly, Virginia.

Brown’s prior record includes charges of Grand Larceny of an Auto as a juvenile and felony convictions in the Norfolk Circuit Court for Robbery, Use of a Firearm, and Malicious Wounding. ​m

Assistant Commonwealth’s Attorneys Michael Defricke and Janeé Joslin prosecuted the case. Please contact Macie Allen if additional information is desired.

Man Sentenced to 23 Years for Home Invasion Robbery; Commonwealth v. Vincent McDonald McClean Jr.

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​Colin D. Stolle, Commonwealth’s Attorney for the city of Virginia Beach, announced that Vincent McDonald McClean Jr., age 21, of the 1400 block of Eddystone Drive in Virginia Beach, Virginia, was sentenced today on charges of Robbery (3 counts), Attempted Robbery, Abduction (4 counts), Armed Burglary, Conspiracy, and Use of a Firearm (8 counts). Circuit Court Judge Glenn R. Croshaw sentenced McClean to 88 years in prison with 65 years suspended, leaving 23 years to serve.

McClean was found guilty of these charges after a trial before Judge Croshaw on June 18, 2019. The Commonwealth’s evidence proved that on January 17, 2018, four (4) people were smoking marijuana in a home in the Pembroke area of Virginia Beach. Two masked, armed men wearing blue gloves entered the home. They robbed two of the victims in the kitchen, and one of the assailants pistol-whipped one of those victims and forced him to take his clothes off. The other two victims were in a back bedroom, and they were forced to the kitchen and robbed at gunpoint. All four victims were then ordered into a hall closet and told to count to 100 million out loud. As the armed men ransacked the house, the victims counted to 700 before running to a neighbor’s house to call police.

Witnesses also called 911 after seeing a black BMW parked and two masked males carrying a television from the victims’ residence. One witness took photographs of the suspects getting into the BMW. One of the men wore a distinct maroon jacket.

During an interview with investigators, one of the victims disclosed that she knew McClean. Warrants were obtained for McClean, and he was arrested the next day in Hanover, Virginia. The maroon jacket worn during the robbery was recovered in McClean’s property. The BMW was recovered by Norfolk Police approximately one month later. The vehicle’s owner was interviewed, but claimed he could not recall being involved in the home invasion. No one else was ever identified or charged.

McClean has two (2) prior convictions for Possession of Marijuana.

Assistant Commonwealth’s Attorneys Adam J. Lantz and Justin M. Brewster prosecuted this case. Please contact Macie Allen if additional information is desired.

Commonwealth v. Rakim Malik Nottingham; Judge Imposes 30-Year Sentence for Sexual Assault, Attack of Woman at Motel

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Colin D. Stolle, Commonwealth’s Attorney for the city of Virginia Beach, announced that Rakim Malik Nottingham, 24 years old, formerly of the 1200 block of Pipers Crescent in Virginia Beach, Virginia, was sentenced today on charges of Rape, Forcible Sodomy, Malicious Wounding, and three (3) counts of Use of a Firearm. A jury found him guilty of these charges on March 4, 2019, and recommended he serve 30 years in prison. Today, Circuit Court Judge Glenn R. Croshaw, formally imposed that sentence.

The Commonwealth’s evidence proved that on February 1, 2015, Rakim Malik Nottingham contacted the victim after finding an online advertisement for her services as a prostitute. Nottingham and the victim agreed on a price and that he would meet her at the Motel 6 on Euclid Road in Virginia Beach. When he arrived, he asked if he could use the restroom. He then exited the restroom with a gun and demanded money. She gave him money from her nightstand, but he demanded more money. He pistol-whipped the victim and sexually assaulted her. Eventually the victim began to crawl out of the motel room on her hands and knees, calling for help. Nottingham ran past her into the breezeway of the motel. He pointed the gun at a witness in the motel stairway.

The victim went to the hospital and a Sexual Assault Nurse Examination (SANE) was performed. Seminal fluid was collected and underwent forensic analysis. A DNA match was made to Nottingham. When questioned by police, Nottingham initially stated that he did not have a gun with him, but eventually admitted that he did. He claimed that the victim reported him for rape because he did not have the money to pay her.

Nottingham has prior convictions for Robbery, Use of a Firearm, Unauthorized Use of a Motor Vehicle, and Petit Larceny (2 counts). ​

Assistant Commonwealth’s Attorneys Elliott H. DeJarnette V and Jeremy J. Key prosecuted this case. Please contact Macie Allen if additional information is desired.

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Commonwealth v. Anthony Dwayne Duncan; Man to Serve 35 Years for Sexual Abuse of Child

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Colin D. Stolle, Commonwealth’s Attorney for the city of Virginia Beach, announced that Anthony Dwayne Duncan, age 29, was sentenced today for Produce Child Porn, Age <15 (Offender 7+ Years) (2 counts), Aggravated Sexual Battery – Victim Under Age 13, and Custodial Indecent Liberties. Circuit Court Judge H. Thomas Padrick sentenced Duncan to sixty (60) years in prison with 25 years suspended, leaving 35 years to serve. This sentence was significantly greater than the high-end of the Virginia State Sentencing Guidelines, which recommended a sentence of no more than fourteen (14) years and five (5) months.

Duncan pled guilty on October 15, 2019. Had this matter gone to trial, the Commonwealth’s evidence would have proven that on September 29, 2013, Anthony Dwayne Duncan sexually abused a child known to him. The child was temporarily in his care and was asleep at the time of the abuse. Duncan took photographs of some of the acts. Two years later, Duncan’s wife found a black notebook under the driver’s seat of the family vehicle. She found a story detailing sexual fantasies with three named children, to include the victim from September 2013. Duncan admitted to his wife that he wrote the story.

At the time, Duncan lived in Georgia. Pierce County Sheriff’s Office began to investigate the case and conducted a search of Duncan’s laptop. They found the photos from the abuse Duncan inflicted upon the child in Virginia Beach in 2013. Duncan admitted to investigators in Georgia and from the Virginia Beach Police Department that he sexually assaulted the child in Virginia Beach on September 29, 2013. He also admitted to taking the pornographic photos.

Duncan was convicted in Georgia for possession of child pornography in connection with the same photos he took in the Virginia Beach incident. ​

Assistant Commonwealth’s Attorney Katharine D. Aicher prosecuted this case. Please contact Macie Allen if additional information is desired.

Commonwealth v. Zorobabel Matthan Griggs; Man Sentenced to 22 Years in Prison for Fatal Shooting

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Colin D. Stolle, Commonwealth’s Attorney for the city of Virginia Beach, announced that Zorobabel Matthan Griggs, age 44, pled guilty and was sentenced for charges of Second Degree Murder, Use of a Firearm, and Possession of a Firearm by a Violent Felon. In accordance with a plea agreement, Circuit Court Judge Glenn R. Croshaw sentenced Griggs to fifty (50) years in prison with 28 years suspended, leaving 22 years to serve.

Had this matter gone to trial, the Commonwealth’s evidence would have proven that on June 11, 2017, Zorobabel Griggs was with Keisa Overby Staton, the victim, in an apartment on Gourmet Way in Virginia Beach. Griggs and the victim were seen on security footage walking up the apartment at 9:34 p.m. on June 10, 2017. Griggs was seen coming down the stairs by himself the next morning at 7:23 a.m., with his hand in his pocket trying to conceal an item. Staton was never seen on camera again. Staton was later discovered in the apartment, fatally shot with a .40 caliber bullet.

After the homicide, Griggs walked to a nearby 7-Eleven. This was later found to be captured on surveillance footage from the store. He had a shirt wrapped around an object in his hand. Police learned that Griggs called his mother, walked to a relative’s house nearby, and then asked the relative to drive him to his mother’s house. He confessed to his mother that he killed Staton. The relative overheard Griggs’ confession. During an interview with police, both Griggs’ mother and the other relative confirmed Griggs’ confession. Griggs’ mother then took him to her church in Norfolk, where the pastor ultimately urged Griggs’ mother to call 911. She did so, and attempted to direct police to the apartment complex where they could locate the victim. She also provided Griggs’ cell phone number. Griggs did not answer or hung up several times when dispatch attempted to reach him.

Cell phone records indicated Griggs left the area. Eleven (11) days later, Griggs called a detective with the Virginia Beach Police Department and told him he would like to turn himself in. He stated that he did not wish to speak about the incident, but that he had thrown the gun off the Campostella Bridge.

Investigators learned that Staton, accompanied by Griggs, purchased a .40 caliber handgun at Chesapeake Pawn just weeks prior. During that transaction, Griggs stood away from the point of sale, and Staton left the counter and asked him several questions during the purchase. Griggs was further linked to the crime through cell phone records and Google location services, which placed him in the apartment on the day of the homicide.

Griggs has prior convictions for Attempted Robbery, Use of a Firearm, Possession of Schedule I/II Drug, Forgery (2 counts), Sell Schedule III Drug by Prisoner, Conspiracy, Petit Larceny, and Failure to Appear (2 counts).

Deputy Commonwealth’s Attorney Tabitha B. Anderson and Assistant Commonwealth’s Attorney C. Andrew Rice prosecuted this case. Please contact Macie Allen if additional information is desired.

Commonwealth v. Teodoro Tabara Lumaban Jr.; Man to Serve 15 Years for Sexual Abuse of Child

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Colin D. Stolle, Commonwealth’s Attorney for the city of Virginia Beach, announced that Teodoro Tabara Lumaban Jr., age 55, was sentenced today for Aggravated Sexual Battery and Custodial Indecent Liberties. Circuit Court Judge A. Bonwill Shockley sentenced Lumaban to twenty (20) years in prison with five (5) years suspended, leaving fifteen (15) years to serve. This sentence was approximately three (3) times greater than the high-end of the Virginia State Sentencing Guidelines, which recommended a sentence of no more than five (5) years and seven (7) months.

Lumaban pled guilty on May 6, 2019. Had this matter gone to trial, the Commonwealth’s evidence would have proven that in November 2011, a young child began to exhibit strange behavior during bath time. This behavior was observed by a family member. The child described the behavior as replicating acts that had been done to the child by Teodoro Lumaban Jr., who was known to the child. Police were not notified at this time.

Several years later, the child began to show an inappropriate interest in pornography. The child told a family member that it reminded the child of former abuse inflicted upon the child by Lumaban. Police were notified and began an investigation into Lumaban. The child provided a detailed forensic interview of the abuse. Detectives called Lumaban, and he agreed to meet with them on October 18, 2013, but he did not show up for the meeting. On October 20, 2013, Lumaban sent a resignation email to his employer. On October 21, 2013, his wife filed a missing person’s report with the Virginia Beach Police Department. This report was quickly closed after detectives spoke with Department of Homeland Security investigators at the Norfolk airport. They learned that Lumaban left the United States to Ethiopia from Washington D.C. sometime between October 16 and October 20, 2013.

In June 2017, Lumaban was discovered in the Philippines while attempting to renew his passport. He was extradited back to the United States for prosecution.

Assistant Commonwealth’s Attorney S. Mario Lorello prosecuted this case. Please contact Macie Allen if additional information is desired.

Commonwealth v. Andre Jeru Bernard Bigby; Life plus 3 Years for Murder during Drug Deal

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Colin D. Stolle, Commonwealth’s Attorney for the city of Virginia Beach, announced that Andre Jeru Bernard Bigby, 31 years old, formerly of 700 block of 16th Street in Virginia Beach, Virginia, was formally sentenced for charges of First Degree Murder and Use of a Firearm. Bigby was found guilty after a jury trial that began on August 30, 2019, and the jury recommended a sentence of life in prison plus three (3) years. Today, Circuit Court Judge Stephen C. Mahan formally imposed that sentence.

The Commonwealth’s evidence proved that on February 13, 2018, Joshua Rucker arranged a transaction between Jalyn Harris and Andre Bigby. Harris and a friend were to purchase an ounce of marijuana from Bigby for $225 at the Ocean Walk Apartment Complex on 16th Street in Virginia Beach. Rucker knew that Bigby had a grow operation at his house and had previously set up marijuana sales for him. Rucker was to receive $25 for his efforts in setting up the marijuana deal.

When Harris and his friend drove to meet Bigby for the marijuana deal; however, they did not have enough money. Harris got a black bag containing marijuana from Bigby, then went back into the car and attempted to drive away without paying. Bigby then ran up with a handgun and stated, “I’ve got the hammer for your boy!” He shot Harris one time through the arm and chest. Harris’ friend, who was driving, crashed into a nearby telephone pole as he tried to drive away. After the accident, Harris’ friend fled the scene on foot with the marijuana. A citizen who heard the incident attempted to revive Harris, but Harris died at the scene.

Meanwhile, Bigby entered his residence and told his girlfriend that, “they tried to run off my stuff” and fled. Bigby’s girlfriend did not see him again, but gave his clothing, a backpack, and his wallet to a friend at a nearby 7-Eleven. The black bag of marijuana was recovered, and a 9mm casing was found at the scene of the shooting. When police searched Bigby’s house at the scene of the shooting, they found a marijuana grow operation and a box of 9mm ammunition that was of the same type as the casing from the scene. Several months later, U.S. Marshals found Bigby living in a tent in the desert in Slab City, California.

Rucker was convicted of misdemeanor Sell/Distribute Marijuana and sentenced to 365 days in jail, all suspended.

Bigby has prior convictions for Robbery, Use of a Firearm, Abduction, Conspiracy, and Carrying a Concealed Weapon.​

Assistant Commonwealth’s Attorneys James S. Panagis and Craig E. Ellis prosecuted this case. Please contact Macie Allen if additional information is desired.

Commonwealth v. Eric Ryan Smalley; Sex Offender on Probation Caught with Child Porn, Sentenced to 37 Years

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Colin D. Stolle, Commonwealth’s Attorney for the city of Virginia Beach, announced that Eric Smalley, age 32, was sentenced today by Circuit Court Judge H. Thomas Padrick for Possession of Child Pornography (5 counts). Judge Padrick sentenced Smalley to 41 years in prison with 21 years suspended, leaving twenty (20) years to serve.

Smalley pled guilty on April 1, 2019. Had this case gone to trial, the Commonwealth’s evidence would have proven that on October 10, 2018, a citizen reported suspicious activity on an online message board. The message, posted by “Bi31YrOldMVa”, stated, “I’m a PED.O IN VIRGINIA BEACH. LOOKING FOR ANOTHER PED.O WHO WILL BE WILLING TO SNATCH A YOUNG BOY OR GIRL AND HAVE SOME FUN. HMU IF INTERESTED.” Detectives began investigating this individual and the address and name came back to Eric Ryan Smalley. When interviewed, Smalley admitted that he is a registered sex offender and this was his screen name. A search of his electronics revealed several images and videos of child pornography.

In addition, at the time of this offense, Smalley was on supervised probation for Aggravated Sexual Battery of a Child under Age 13. These new offenses placed him in violation of the terms of his previously suspended sentence. Today, Judge Padrick revoked his entire previously suspended sentence of seventeen (17) years and three (3) months, for a total sentence of 37 years and three (3) months to serve.

Smalley has prior convictions for Custodial Indecent Liberties (2 counts), Aggravated Sexual Battery, and several violations of probation.

Assistant Commonwealth’s Attorney Nickie L. Herron prosecuted this case. Please contact Macie Allen if additional information is desired.

Commonwealth v. Laura Kornylak; Brutal Attack on Family Member Draws 30-Year Sentence

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Colin D. Stolle, Commonwealth’s Attorney for the city of Virginia Beach, announced that Laura Kornylak, age 39, was sentenced today by Circuit Court Judge Glenn R. Croshaw for Aggravated Malicious Wounding. Judge Croshaw sentenced Kornylak to sixty (60) years in prison with thirty (30) years suspended, leaving thirty (30) years to serve. This sentence greatly exceeds the high-end of the Virginia State Sentencing Guidelines recommendation of thirteen (13) years and one (1) month.

Kornylak pled guilty on August 13, 2019. Had this case gone to trial, the Commonwealth’s evidence would have proven that on June 20, 2018, the victim, who was known to Laura Kornylak, found Kornylak in his home. Due to issues in the past, he told Kornylak that he was uncomfortable with her presence in the home. Knowing she had no where to stay, he told her she could stay the night but then needed to leave. That evening, Kornylak, the victim, and his girlfriend went to dinner. Kornylak started an argument and her mood shifted. When they returned after dinner, she left the home.

Later that night as the victim and his girlfriend were sleeping, Kornylak came into their bedroom with a baseball bat and shouted, “I’m going to kill you.” She then smashed the baseball bat on the victim’s face. He felt the bones surrounding his right eye shatter and immediately lost vision in his right eye. Kornylak continued to strike the victim, breaking his left hand. As he ran from the room, Kornylak struck him with the baseball bat on the head, shoulders, and back. Eventually they made their way outside, where Kornylak strangled the victim and stabbed him with a knife in the face, neck, and abdomen. He cried out, “You’re killing me,” to which Kornylak responded, “But you’re not dead yet,” and continued stabbing and strangling him.

Officers arrived on scene and saw Kornylak on top of the victim with the knife in her hand. When ordered to drop the knife, she did not comply. When she was ultimately handcuffed and searched, police found handcuffs in her boots. The victim was transferred to the level one trauma unit at Sentara Norfolk General Hospital, where he remained for several days. Multiple injuries required surgeries. The victim is still blind in his right eye. He has scars on his face, abdomen, and left hand. He has limited use of his left hand, and continues to experience dizziness and instability as a result of the blows to his head with the baseball bat.

Kornylak has prior convictions for Prescription Fraud, Public Intoxication (2 counts), and Unauthorized Use of a Vehicle.

Assistant Commonwealth’s Attorney Katharine D. Aicher prosecuted this case. Please contact Macie Allen if additional information is desired.

Former Economic Development Director Indicted for Misuse of City Funds

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Colin D. Stolle, Commonwealth’s Attorney for the city of Virginia Beach, announced that the Grand Jury meeting in Virginia Beach Circuit Court today returned 87 indictments as true bills. Among them was Warren Harris, age 62, of the 400 block of Blue Water Court in Chesapeake, Virginia, for the following fourteen (14) felony charges:

Embezzlement >=$200*; Embezzlement by Public Officer; Obtain Money/Property by False Pretense >$200* (Date of offense range: 1/30/18-4/17/18)

Embezzlement >=$500*; Embezzlement by Public Officer (Date of offense: 8/13/18)

Embezzlement >=$500*; Embezzlement by Public Officer; Use Public Assets for Personal Purposes >$1,000 within 12 months (Date of offense: 7/23/18)

Embezzlement >=$200*; Embezzlement by Public Officer (Date of offense range: 3/5/18-4/3/18)

Embezzlement >=$200*; Embezzlement by Public Officer (Date of offense: 7/31/16-10/11/16)​

Embezzlement >=$200*; Embezzlement by Public Officer (Date of offense: 6/7/18-7/9/18)

Harris is the former Director of Economic Development for the City of Virginia Beach. The allegations stem from misuse of City of Virginia Beach funds for personal use. When the capias for these charges is active and served on Harris, his case will be set for attorney appointment and trial in Circuit Court.

The investigation leading to today’s indictments has been a joint effort between the FBI, Virginia Beach Police Department, and this Office. As this case is pending, the Commonwealth’s Attorney’s Office cannot comment further at this time.

*note: The threshold for felony Embezzlement changed from $200 to $500 on July 1, 2018, and the amounts listed in charges above take into account the date of offense for each charge.