memo for sentence, cecil leonard hopkins
TRANSCRIPT
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7/28/2019 Memo for Sentence, Cecil Leonard Hopkins
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VIRGINIA: IN THE CIRCUIT COURT FOR THE COUNTY OF FAUQUIER
COMMONWEALTH OF VIRGINIA
v. Case No. CR12-899
CECIL LEONARD HOPKINS,
Defendant.
MEMORANDUM IN SUPPORT OF PLEA AGREEMENT
COMES NOW, the Commonwealth of Virginia, by her counsel, respectfully requests
this Honorable Court to consider the following in support of the proposed plea agreement
tendered to the Court in this matter.
After careful consideration the Commonwealth has entered into a plea agreement with
Defendant and his counsel that is in the best interest of all parties and meets the ends of justice.
The Commonwealth has made every effort to investigate all aspects of the crime itself
and the past history of the victim and defendant including medical records, mental health records
and discussions with friends and relatives of the victim.
The Commonwealth anticipates a self-defense argument in this case due to the
defendants statements at the scene of the offense where he told officers that the victim had
attacked him. He also stated that the victim had previously been diagnosed as bipolar and was
not taking her mood stabilizing medication. The toxicology records provided by the Medical
Examiners Office confirmed that the victim did not have any of the prescribed medication in her
blood. The victim in this matter did have a significant violent history and had previously been
convicted of Arson, Reckless Endangerment and Threats. Although a significant period of time
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had passed since those convictions, the current law of Virginia would allow the admission of that
history and the details surrounding those convictions into evidence for the jurys consideration
regardless of whether or not the defendant was aware of them. The victim also had a significant
mental health history which was documented and detailed in records that were obtained
throughout the course of investigation by both the defense and the Commonwealth. Entering
into a plea agreement which thereby obviates the need for a trial ensures that the details of the
victims private and very personal records are not flaunted in front of the public and her family
who loved her very much.
The Commonwealths evidence would be that this crime occurred at the victims home
after an argument between her and the defendant while their children (a child of the victim and
two children of the defendant) were present. As such, the Commonwealth believes that the
young children who were all minors at the time of the offense would be material and necessary
witnesses at trial. At the request of their counselors and the guardian ad litem the
Commonwealth has reviewed their counseling assessments in order to estimate the trauma of
using the children as witnesses at trial. D.B., the victims ten year old daughter, was diagnosed
with Acute Stress Disorder and is dealing with overwhelming grief at the loss of her mother.
A.H., the defendants eleven year old daughter, was diagnosed with Post Traumatic Stress
Disorder and has been plagued with flashbacks and an overwhelming fear of being in contact
with D.B. or anyone from the victims family. C.H, the defendants seventeen year old son, was
also diagnosed with Post Traumatic Stress Disorder and has suffered more and more
psychological unrest as the trial date nears.
The Commonwealth has met extensively with each child and their mental health
providers and has been requested to take whatever steps necessary to keep these children from
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suffering greater damage by calling them as witnesses. While the Commonwealth has a vested
interest in ensuring that justice is sought for the victim, it must balance that interest with the
long-standing trauma of asking a child to testify about the day her mother died or the day their
father committed a horrible crime.
Most importantly, after careful consideration of the facts and the evidence that would be
adduced at trial, the Commonwealth believes that the defendant committed voluntary
manslaughter on September 3, 2012. The evidence, beyond a reasonable doubt, is that the
defendant acted with the intent to kill but that he did so in the heat of passion.
As such, The Commonwealth would ask the Court to consider this plea agreement and
maintains that it is in best interest of the children and meets the ends of justice.
Respectfully submitted,
JAMES P. FISHER
Commonwealths Attorney
By: ________________________Jamey E. Cook
Office of the Commonwealths Attorney
29 Ashby Street, Fourth FloorWarrenton, Virginia 20186
Telephone: 540/422-8120
Facsimile: 540/422-8121
Email: [email protected]
mailto:[email protected]:[email protected] -
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