Patricia L. Harrington, Clerk of Court
Virginia Supreme Court
P.O. Box 1315
100 North Ninth Street, 5th Floor
Richmond, Virginia 23219-1315
Ref:
Freedom of Information Request
Ms. Harrington—
With reference to Judge Cleo E. Powell’s opinion issued on
October 31, 2013 reversing the jury findings of the Circuit Court of Montgomery
County, Virginia that Virginia Tech had a duty to warn the staff, faculty, and
students on April 16, 2007 following the double homicide at West Ambler
Johnston Hall, I would like to clear up what appears to be a factual error. On
page 2 of Judge Powell’s decision she writes:
“Although officers from the Virginia Tech Police Department were the first on scene, the Blacksburg Police department led the investigation.”
According to The
Governor’s Review Panel Report (the final version known as The Addendum), Virginia Tech Police
Chief Wendell Flinchum was in charge and asked the Blacksburg Police Department
for assistance in his investigation several times.
1. “7:51
a.m. Chief Flinchum contacts the
Blacksburg Police Department (BPD) and requests a BPD evidence technician and BPD detective to assist
with the investigation.”
2. “8:11
a.m. BPD Chief Kim Crannis arrives
on the scene.”
3. “8:13
a.m. Chief Flinchum requests
additional VTPD and BPD officials to assist
with securing WAJ entrances and the investigation. He also orders
recall of all off-shift personnel.”
4. “8:15
a.m. Chief Flinchum requests the
VTPD Emergency Response Tea (ERT) to respond to the scene and then to stage in Blacksburg in
the event an arrest is needed or a search warrant is to be
executed.”
I have found no reference in The Addendum to Blacksburg Police Chief Crannis being put in charge
of the investigation.
According to the Incident Command System, a part of FEMA, “a
formal transfer of command at an incident always requires a transfer of command
briefing for the incoming Incident Commander.”
Would you send me the documents or documentation proving
that such a change of command took place so I can correct my research and
writing? Specifically, I need to know at what point in time the command passed
from Chief Flinchum to Chief Crannis. If you cannot send me the documents,
would you tell me where Judge Powell’s assertion came from so I can track down
the source?
Thanking you in advance—
Yours
sincerely,
David
Cariens