AMR FOIA Request For 911 Recording Denied, To Be Used As Evidence At Trial
Highland County Sheriff Bob Kelly has declined to release a copy of a 911 call involving a violent domestic assault last month in a Monterey home, calling the recording “evidence.”
Allegheny Mountain Radio filed a request for a recording of the Aug.29th 911 call through the Virginia Freedom of Information Act, or FOIA.
That action was taken after Kelly and Commonwealth Attorney Megan Yelen made an unscheduled appearance before county supervisors on Sept. 1st.
At that time, both told supervisors the domestic assault demonstrated an immediate need to hire more deputies before a deputy or victim is killed or seriously injured.
Because only one deputy was on duty the night of the domestic assault, AMR News submitted the FOIA request for the 911 call and the communications that followed between the responding officer and dispatchers as they tried to find a backup, off-duty deputy to respond as backup.
In a Sept. 20th letter to AMR News, Kelly announced the state FOIA request was being withheld because it may be presented by the prosecution at trial.
“The requested recording is being withheld because it is part of an ongoing criminal investigation or proceeding and constitutes a criminal investigative record or evidence maintained in connection with that investigation,” Kelly wrote. “Criminal investigative files relating to an ongoing criminal investigation or proceeding are excluded from the mandatory disclosure of the Virginia Freedom of Information Act.”
Justin Patrick Hinkle, age 41, was arrested Aug. 29th following the violent domestic assault in the Monterey home he shared with his girlfriend.
Court records show Chief Deputy Robby Vandevander, the only officer on duty due to the deputy shortage, called for back-up as he responded.
Once he arrived, Vandevander entered the home through an unlocked back door upon hearing the victim screaming for help. The deputy confronted Hinkle and was preparing to pull his TASER when Hinkle allegedly attacked him, starting a 12-minute fight before a backup, off duty deputy arrived.
Hinkle was arrested and charged with three felonies, including abduction by force, strangling another causing wounds or injury and assault and battery on a law enforcement officer. He also faces a misdemeanor charge of assault on a family member.
Although Prosecutor Yelen was unable to discuss Hinkle’s case due to a pending trial, she spoke hypothetically in a Sept. 14th email about how releasing evidence prematurely can jeopardize a criminal case.
“In general, 911 calls typically contain sensitive information about victims and witnesses that could result in safety concerns for them. We also run into evidence contamination if they are pressured to change their statements. It would create credibility issues,” Yelen wrote.
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