116 South Court Street, Suite D
Luray, Virginia 22835
Date of Offense
June 21, 2024
Reporting Authority
This complaint has been forwarded to the Virginia State Bar
Supporting Document(s)
Statement
I am witness to unethical and dishonorable actions by a prosecutor known as Brian Cave(bar#78347) a defense counsel known as David Walls(bar #73507) and a judge known as Daryl L. Furk. On June 14th, 2024 a brady request was filed in Warren County Circuit Court upon case number CR24000120-00(see A1-A4 in pdf). On June 17th, 2024 received a mailing correspondence. This included facts and evidence upon a prior court matter dismissed (nolle prosequi) in January 2019, upon a private agreement between the former prosecutor and the accused, also a file stamp copy of the brady request.(ex B in pdf). On June 21st, 2024, a text message from David Walls to the accused mentions he received the accused paperwork, meaning the same documentation Brian Cave received. He tells the accused he is doing a competency evaluation hearing. (EX c & d). The accused texted his response to David Walls instructing him to proceed with the brady request and to provide 21 days to produce any facts and evidence, and that he does not consent to any medical evaluation(Ex E). On June 27th, 2024, David Walls messages the accused saying "International law does not apply here" (Ex F1-F2). (Ex G1-G5) shows a certified first copy of the court transcript provided by Cara-Elizabeth Brown(court recorder) on July 11th 2024. After continuous questioning of Cara Brown as to why a certain statement on the record from the accused was not included, a revised court transcript (ex H1-H5), was produced July 31st, 2024. On page 2 of H2, it is said on line 11, by David Walls asking for a competency evaluation. On line 13 the accused stated, No No No, I am not doing that. (Line 13 is what was updated to the revised transcript). On line 19 Brian cave states he received the correspondence and thinks an evaluation is good. Line 22 judge Funk states Do we need ninety days to get that done? We have not had one in a while. On page 4 H4, on line 8 the judge set the next hearing for Octber 4th, 2024. Line 11 Brian Cave states, "Did i hear an affirmative waiver of speedy trial, your honor? No where on the record does the judge state waiver of a speedy trial. Line 13 the judge states "since he is arguably on competent to stand trial......". How can the judge claim the accused is not competent to stand trial? When nothing on the record shows how or why the accused is not competent. Proving that all three parties are with knowledge of the facts and evidence. And are trying to declare a man incompetent simply because questions were asked and evidence was to be produced upon a brady request. In the brady request, proof to the grand jury, of the prior agreement, with witnesses and the posting in the front royal newspaper of that agreement, from the court case matter with the former prosecutor Nick N(m)anthos was presented to the grand jury. Also by pointing to and invoking international treaty known as the ICCPR International Covenant of Civil and Political Rights, it is blatantly obvious that both Brian Cave and David Walls are being wilfully blind, conspiring, and aiding and abetting Judge Daryl Funk to violate his oath of office he swore upon the United States Constitution. Article VI Section 2 of the US Constitution "This constitution and the laws of the united states which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme law of the land; and all the Judges in every state shall be bound thereby, and thing in the Constitution or Laws of any State to the Contrary notwithstanding. See (ex i1). Also included in the attached pdf (ex i1-i2) a case expressing that Virginia does recognize the trearty known as the ICCPR. Reminder the statement from David Walls saying International Law doesn't apply. In conclusion, the brady request has been sidestepped and avoided by all parties. All parties also have evidence of the public viewed court and arrest record documentation that shows unredacted Social security number. A capias order with the prosecutor showing defendant did not appear, when there was no summons. Arrest records showing many incorrect information that the prosecution has failed to provide. Lastly, many are witness to this matter, both internationally and domestic.