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Mayor questions county’s silence on Cornejo case
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Falls Church (Map, News) - The mayor of Falls Church on Monday called upon the Fairfax County prosecutor’s office to explain whether it will bring charges in a 2005 shooting death in which a civil jury recently found sufficient evidence to award a multi million-dollar wrongful death settlement.
Mayor Robin Gardner asked for an update on the case in May on behalf of the family of Jack “Steven” Cornejo, a 23-year-old killed during an altercation outside a Fair Oaks apartment.
A grand jury originally opted not to indict Brandon Gotwalt, finding that he shot Cornejo in self-defense.
But Cornejo’s family in May was awarded $2 million in a civil trial that featured new testimony from an eyewitness that contradicted earlier evidence.
Gardner complained of being ignored in her efforts to extract an update from prosecutors, and worried the case hasn’t been given “the attention it deserves.” She sent Fairfax County Board of Supervisors Chairman Gerald Connolly an e-mail last week requesting information.
“I’m not saying anyone is guilty or not guilty, I’m just saying the process needs to be carried through,” she said. “There needs to be some communication from the commonwealth’s attorney’s office.”
Robert Horan, who headed the office when the death occurred, has retired. His chief deputy, Raymond Morrogh, could not be reached for comment on Monday. Nor could Gotwalt’s attorney, John A. Keats.
“What we’re talking about is an ongoing case that has been around for some time now since the civil jury made a decision. ... It should be very easy to make a charging decision, there is not reason why he hasn’t come forward with one,” said Patrick McDade, Morrogh’s Republican opponent in this year’s race for commonwealth’s attorney and an Arlington county prosecutor.
wflook@dcexaminer.com
Comments from Examiner Readers
6:47 PM MST on Thu., Oct. 4, 2007 re: "Mayor questions county’s silence on Cornejo case"
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5:37 AM MST on Thu., Oct. 4, 2007
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6:42 PM MST on Wed., Oct. 3, 2007
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Examiner Reader said:
I am not involved in this but your story missed what happened here: The witnesses told the police one story consistent with the innocence of the suspect which led the grand jury not to return an indictment. To his credit, Bob Horan carefully still submitted the case to a Grand Jury when most other prosecutors would have said the case was dead in the water. At the civil trial, the witnesses told a different story then they told the police originally. The defendant did not really need to put up a defense other than to the counts that his conduct was willful and malicious--which he won. As a result he can discharge the whole claim in bankruptcy. Would an ethical prosecutor ever go forward with a case where his witnesses have likely lied either to the police or in court. No jury is going to convict anyone under those circumstances. Did McDade attend the civil trial? Has he taken a look at the case file? Its easy to say "I will take another look at the case" but that is meaningless bunk.
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NONE said:
The Commonwealth Attorney of Fairfax has NO obligation to Ms. Gardner. She has no idea what is going on or what has gone on in the Cornejo case. Maybe the CWA of Fairfax should "explain" the Cornejo case to the mayor of DC to; or how about the mayor of Baltimore? Ms. Gardner needs to pay attention to her 2.0 sq miles and stay out of Fairfax County's business. And as for Mr. McDale, you are just the type of politician we don't need as CWA. Any attorney knows the standard for a civil trial is much lower then a criminal trial. "it should be very easy to make a charging decision" Are you kidding Mr. McDale? Have you ever worked a homicide case? I'll tell you why the CWA hasn't come forward with a charge; a grand jury returned a NO TRUE BILL!!!! Stop playing politics Mr. McDale, you know about as much about the Cornejo case as Ms. Gardner.
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Examiner Reader said:
What obligation does the County Attorney for Fairfax have to the Mayor for the City of Falls Church. She can read it in your newspaper just like everyone else. I would understand if she were family or had a need but I don't think so. Like they say in the Government.... If you don,t have a need to know... You don,t need to know....
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