Three Alexandria, Virginia Murders: One Killer?

The Nancy Dunning Case

     In 2003, Nancy Dunning, a 56-year-old real estate agent, lived with her husband who was the sheriff of Fairfax County in Alexandria, Virginia outside of Washington, D.C. A community activist, Mrs. Dunning organized arts festivals and other events including a farmer's market. 

     On December 5, 2003, when Nancy failed to show up for a lunch date at the Atlantis Restaurant in the Bradlee Shopping Center, her husband John and their 23-year-old son Chris went to the house to check on her. They found Nancy lying dead in the foyer. She had been shot several times. There was no forced entry and nothing had been taken from the dwelling. 

     Homicide investigators theorized that the victim had been murdered when she answered her front door. Detectives were unable to identify a suspicious man caught on a nearby Target outlet surveillance camera that morning. Just before her death, Nancy had shopped at that Potomac Yard Target store. 

     A $100,000 reward failed to attract any productive information in the case. There was some speculation that Nancy Dunning had been the target in a murder-for-hire plot. John Dunning died in 2012. 

The Ronald Kirby Case

     Ronald Kirby lived with his wife Anne Haynes and their two children in Alexandria, Virginia. The 69-year-old, in 2013, was the director of transportation planning at the Metropolitan Washington Council of Governments. He had worked at the agency for 25 years and was a nationally known transportation expert. 

     Mr. Kirby, who took pride in taking the bus or Metrorail to work every day, played tennis and often accompanied his wife to dance classes. He was also an avid Washington Redskins fan. 

     On November 11, 2013, a relative found Mr. Kirby dead just inside the front door to his home. He had been shot several times in the torso. Investigators believed the victim had been murdered that morning between ten and noon. As in the Dunning case, there was no forced entry and the crime wasn't motivated by theft. Investigators have no idea who had committed this murder and no clue as to why. 

The Ruthanne Lodato Case

     Norman and Ruthanne Lodato lived in the North Ridge neighborhood of Alexandria a little more than a mile from where Ronald Kirby was murdered. Ruthanne's 89-year-old mother Mary Lucy Giammittoria resided in the house with them. The couple employed a caregiver to help with Ruthanne's mother. Norman Lodato was an active member of the North Ridge Citizen's Association and Ruthanne was a locally well-known piano teacher with a program called Music Together in Alexandria. 

     At eleven-thirty on the morning of February 6, 2014, Ruthanne and her mother's caregiver were shot when they answered a knock at their front door. The shooter fired several bullets into the 59-year-old Lodato and a single bullet into the caregiver. Mrs. Lodato died ont he spot. The other woman survived her wound. 

     Seconds after the two women were shot, a next door neighbor looked out her window when she heard a dog barking. The witness saw a bald man with a beard in a tan jacket run across the Ladato front yard. The suspect appeared to be in his fifties or sixties. The authorities have released a sketch of this white suspect's face. 

The Serial Killer Theory

     There are similarities in the Dunning, Kirby, and Lodato murders. The victims lived in Alexandria, Virginia and were shot with a small-caliber handgun in the morning when they answered their front doors. The victims were active, high-profile members of the community, and they shared an interest in the arts. They did not, however, know each other. 

     On March 6, 2014, Alexandria Police Chief Earl Cook told reporters gathered at a news conference that ballistics evidence suggests a link between the three murders. The victims had been shot by bullets of the same caliber that feature rifling striations that are generally similar. As a result, detectives are looking for a serial killer. 

Criminal Justice Quote: Meth Parents Abandon Three Children in Woods

     A Florida couple was arrested for allegedly abandoning their three young children in the woods….Michael and Sarah Butcher, both 30, were arrested on February 28, 2014 after illegally parking their red truck in a private RV park in Punta Gorda, Florida. Cops later found crystal meth in their vehicle's glove compartment, along with a syringe and a burnt spoon….

     After the pair was taken to jail--where they repeatedly claimed to be brother and sister--the police received a call that three children were found walking in the woods, "very dirty, hungry, and cold."…They told police officers their parents were named Michael and Sarah. The children--ages 10, 8, and 6--had walked nearly two miles before they were found….They said their parents had driven them to a wooded area where they often went camping. While they played in the woods, their parents drove off in their truck….

     The couple has been held without bond….

Jaime Lutz, "Florida Parents Arrested After Abandoning Three Kids in Woods," ABC News, March 4, 2014 

Criminal Justice Quote: Sore Loser Sues Casino

     A businessman who lost $500,000 on table games at a Las Vegas casino on Super Bowl weekend is arguing that he shouldn't have to pay because he was blackout drunk. Southern California gambler Mark Johnston, 52, is suing the Downtown Grand for loaning him the money and serving him drinks when he was visibly intoxicated. Nevada law bars casinos from allowing obviously drunk patrons to gamble and from serving them comped drinks….

     Johnson says he was thoroughly drunk during the hours he spent playing pai gow and blackjack at the Grand. His legal team plans to rely on eyewitness testimony and surveillance video to prove that he was visibly intoxicated. Johnston lives in Ventura and made his fortune in car dealership and real estate ventures.

"Gambler Sues Casino, Says He Lost $500,000 Playing Drunk," CBS, Associated Press, March 6, 2014 

Criminal Justice Quote: Bungling, Trigger-Happy Cop Kills Unarmed Teen

     The Euharlee, Georgia police officer who shot and killed a teenager because she wrongfully thought he was holding a gun had made a similar mistake in the past, and was fired from her previous job as a police officer as part of a long history of blunders and poor job performance. When 17-year-old Christopher Roupe answered the door at his home on the night of February 17, 2014, officer Beth Gatny opened fire on him. Gatny, who was there to serve a warrant on Roupe's father, had thought the teenager was holding a gun. Lawyers for the Roupe family say the kid did not have a gun, and was likely holding a video game controller for the Nintendo Wii.

     New evidence has surfaced suggesting that Gatny had a history of making this mistake and should never have been employed by the Euharlee Police Department. In 2008, she fired her gun at a suspect who was trying to open his backpack because she thought he was armed. The suspect was not armed, and her partner said there was no reason to think otherwise. An internal investigation disagreed with the partner and found Gatny innocent.

     Worse, Gatny was fired from her job as a police in Ackworth, Georgia before joining the Duharlee force nine months ago. Gatny was fired for failing to show up for work….Gatny sought disability compensation and was rejected because her claim was "not medically supported."…She was reprimanded for failure to follow orders and for leaving her weapon with a civilian while her picture was taken. She was also involved in four car accidents….

Robby Soave, "Unbelievable: Cop Who Wrongfully Killed Teen Had History of Blunders, Was Fired From Last Job as Cop," The Daily Caller, March 6, 2014 

Criminal Justice Quote: FBI Undercover Operations

     Although is is not part of the career development program in the FBI, some agents volunteer for service as an undercover agent (UCA). All UCAs are volunteers, and there is no special compensation for performing these duties. Generally, UCAs must have a solid investigative background before being considered for such work and also receive the full support of their superiors. Their undercover activities may take place in the office territory to which they are assigned or another field office. Volunteers for this program are evaluated for their expertise and psychological suitability. Special training programs are also available at [the FBI training complex at Quantico, Virginia] to teach agents the tricks of pulling off an undercover assignment. [Undercover operatives have to be good actors.]

     The vast majority of undercover operations are criminal in nature, but intelligence-directed undercover operations also take place. Generally, undercover assignments fall into one of two categories. Group II operations can be approved by the Special Agent in Charge of the field division, with the concurrence of the local U.S. Attorney. Group IIs, as they are called, still require careful coordination and planning, but generally they are less sensitive, less dangerous, or shorter term, and less costly than other types of operations. 

     Group I undercover operations are the opposite. They may be dangerous, elaborate, lengthy, technically challenging, involve prominent personages, be very costly, or have foreign aspects involved. This group requires painstaking planning, substantial amounts of documentation, a lot of coordination, and minute review by a panel of senior FBI Headquarters and Department of Justice officials. 

     Perhaps the most legendary FBI Group I undercover operation was ABSCAM, a political corruption investigation that resulted int he conviction of members of Congress in the 1980s. Probably the most well known Group I operation was that of Special Agent Joe Pistone, who infiltrated the La Cosa Nostra (Mafia) with devastating results to the mobsters. So successful was Pistone in his role that he carried it out for years and was on the verge of becoming a "made guy" when the operation was terminated. His exploits were recounted in the book and movie that bears his undercover name, Donnie Brasco. 

Joseph W. Koletar, The FBI Career Guide, 2006 

The Don Willburn Collins Murder Case: Robert Middleton's Long, Painful Death

     Robert Middleton, on June 28, 1998, turned eight. Early in the evening of his birthday, his 13-year-old neighbor, Don Willburn Collins, doused him with gasoline and set him on fire. Robert survived the attack, but suffered third-degee burns over most of his body. The crime took place in Splendora, Texas, a small town in the Houston metropolitan area.

     Collins confessed to the police, was arrested, and spent several months in juvenile detention. He was not, however, prosecuted as a juvenile or an adult for the assault. According to the Montgomery County prosecutor in charge of the investigation, the state did not have enough evidence against Collins to go forward with the case. As a result, the authorities had no choice but to release the suspect. (I suspect some kind of procedural screwup that precluded a criminal conviction.}

     Over the years, Robert Middleton underwent 100 painful surgeries and many skin grafts that still left him horribly disfigured. In 2011, after being diagnosed with skin cancer, Robert, in a videotaped deposition given shortly before his death at the age of 23, revealed that two weeks before the arson-assault, Don Collins had sexually molested him. Collins had torched the boy to prevent him from reporting the rape.

     The medical examiner, finding that Middleton's cancer was caused by his burns, ruled his death a homicide. Following this cause and manner of death determination, detectives with the Montgomery County Sheriff's Office conducted a seven-month cold case investigation into the 1998 sexual molestation and subsequent arson.

     Three years after setting Robert Middleton on fire, a jury found Collins guilty of sexually molesting another 8-year-old boy. At the time of that rape, Collins was fifteen. For that offense he spent four years in juvenile detention. The assault took place in San Jacinto County, Texas.

     In 2012, Robert Middleton's parents won a $150 million wrongful death suit against Collins. Because the man who had set fire to their son was homeless, the plaintiffs knew they would never collect the civil judgement.

     A Montgomery county judge, in 2013, transfered the Collins/Middleton case from juvenile to adult court after the district attorney charged Collins with felony murder. Under the felony-murder doctrine, a person who commits a felony is culpable for any death that occurs in the commission of that crime. In the Collins case, the underlying felony is sexual assault. While the sexual crime didn't cause Middleton's death, it did lead to the arson that in turn caused the cancer that killed the victim. (The arson-assault wouldn't work as the underlying felony because the statute of limitations on that offense had run out. The sexual assault, however, wasn't reported until 2011.)

     In terms of the law, the prosecution in this case may run into a felony-murder causation problem. The prosecutor will have to directly link the arson to the sexual attack. There is also the passage of time between the rape and the victim's cancer death. In the old days when crimes were not codified, there was a common law principal related to criminal homicide called the year and a day rule. If the victim of an assault died a year and one day after the attack, too much time had passed to allow a murder charge.

     Collin's attorney has challenged the transfer of his client's case into adult court. In 1998, under Texas law, a person under the age of 14 could not be charged as an adult with a capital offense. Collins was 13 when he allegedly raped then set fire to the victim. (In 1999 state legislators dropped the age to ten.)

     Don Collins, now 29, is in the San Jacinto County Jail on a felony charge related to his failure to register as a sex offender. He is being held on $1 million bond. His murder trial is scheduled for March 2014.

     It will be a shame if Mr. Collins is not suitably punished for the pain and suffering he caused Robert Middleton and his family. But unless the prosecutor can overcome the legal hurdles in this unusual case, the defendant may not pay the price for his horrible crimes. 

Criminal Justice Quote: Vehicle Arson

     Automobiles seem to be very combustible…they contain flammable liquids, have many electrical circuits, and their interiors are made of combustible material. Combine that with a careless smoker and you have a vehicle fire, or so you would think. But actually, with new technology, most interiors are fire resistant--a cigarette will seldom ignite a seat cover or a floor  mat, the fuel systems are designed with safety in mind, and the electrical circuits are shut off by fuses and other interrupt devices.

     Accidental vehicle fires do occur, but the fire generally remains in one compartment, i.e. engine, trunk, glove compartment or interior….

     There are two types of vehicle arsonist: amateur and professional. An amateur is usually behind on his car payments and desperate to rid himself of the car. He knows that the vehicle must be declared totaled by his insurance company, so he will go for mass destruction. The professional criminal uses vehicle arson to conceal other crimes: stolen cars used during the commission of a crime, or a homicide, for example.

     In general, after driving a car to a remote location, the arsonist will completely dowse the interior and exterior of the vehicle with a combustible material such as gasoline and set the fire. A one- to five-gallon gas can is generally found at the scene. Using five gallons is quite dangerous, and the arsonist may end up like the car if the flammable vapors have saturated the area.

     The arsonist might make what are known as trailers by pouring a stream of gasoline from the vehicle to a location he feels is far enough away from the vehicle to ignite it safely. These types of fires are easily tagged as arson because of the evidence left behind….

Mauro V. Corvasce and Joseph R. Paglino, Modus Operandi, 1995 

Criminal Justice Quotes: Big Time Shoplifting Family Caught

     A father, mother and daughter from a posh Chicago suburb stole $7 million in merchandise during a decade-long shoplifting spree-traveling to stores nationwide and targeting dolls, toys, cosmetics and other valuables….The three were arrested March 3, 2014 at their $1.3 million Northbrook, Illinois home after returning from a three-day trip through Oklahoma, Texas, and Louisiana, where authorities say they shoplifted from stores. Working in tandem, the family traveled from their Chicago-area residence to hit businesses in many states, including Maryland, Tennessee and Florida….

     Branko Bogdanov, 58, Lela Bogdanov, 52, and their 34-year-old daughter, Julia Bogdanov, are charged with one count each of interstate transportation of stolen property….Lela Bogdanov frequently donned a long black skirt with large compartments sewn on the inside during the alleged shoplifting binges and was caught on surveillance cameras leaving some stores with her skirt looking notably fuller than when she entered….

     An unnamed cooperating witness bought many of the stolen items--which included everything from American Girl dolls and Furby robotic toys to steak knives--at the Bogdanov home, then sold them online through eBay….On their own Bogdanovs directly sold more than $690,000 in stolen merchandise through eBay….

Michael Tarm, "Mom, Dad, Daughter Accused in $7 Millon Shoplift Spree," Associated Press, March 6, 2014 

Criminal Justice Quote: A Judge Goes Wild

     A 47-year-old Philadelphia man has been sentenced to 20 years in prison for firing a weapon into the air. Francis Aponte was at an outdoor party in June 2012 when two Philadelphia police officers saw him shoot a gun into the air….That act, along with a criminal record including at least one prior felony, has resulted in the 20-year sentence handed down on March 4, 2014….

     No one was hurt, but federal prosecutor Jose Arteaga argued that the defendant had committed a potentially lethal offense. [Every time a drunk climbs behind the wheel of a car, a "potentially lethal offense" is committed. Should we send all of these people away for twenty years?]

"Man Gets 20 Years For Shooting Gun Into Air," Associated Press, March 4, 2014  

Whackademia Quote: High School in Atlanta is About Football

     The Atlanta city's public school system, already reeling from a far-reaching teacher cheating scandal that is still unfolding, was rocked again on March 5, 2014 by new cheating allegations--this time against parents who allegedly falsified documents so their children could attend one of the city's football powerhouses and play on the team….

     Fourteen of the fifty-eight players on the Grady High School football team used faked addresses to enroll at the school. A three month investigation found that players and their parents used fraudulent addresses so they could play on the team….

     At least one player on the football team had never set foot in a classroom at the midtown school. In another instance, two siblings were registered at different addresses….Some of the students accused of fraud have voluntarily withdrawn; others have been asked to withdraw and tuition bills were sent to some parents whose children were found to be living outside the district.

     Some Grady parents were upset, and said the school system targeted Grady and the football team for behavior that goes on everywhere….

     The latest cheating allegation comes the month before 13 Atlanta educators are expected to stand trial on racketeering charges alleging that they conspired to change students' answers on curriculum tests to improve scores so they could collect bonuses. The 13 were among 35 educators, including former superintendent Beverly Hall, who were indicted last year….

Larry Copeland, "Report: Parents, Students Cheat to Attend Atlanta School," USA Today, March 6, 2014