The situation is still in flux, and this FAQ is out of date. It will be updated, however events are moving so quickly at the moment that any changes will be rendered obsolete. It will be updated once we have more information about what happened, schedule of court proceedings, etc.
A few quick answers though.:
1) Chris is now charged with a felony. He was going to be indicted, but has waived the indictment and proceeded straight to circuit court.
2) There will still probably not be a trial. It's starting to look like a deal has been made.
3) Chris' attorney has requested deferred disposition due to autism, this is already discussed in the FAQ below, about Chris using his autism/retardation to get out of the charges. The information is still accurate, other than being out of date since this is now looking like a very likely possibility.
4) Since people ask a lot, Chris is not going to federal prison. Chris is charged with a state crime, not a federal one.
5) Chris is still not charged with rape. We now can see the summary of his case, and there is only one charge, that of incest.
OK. Here's my first attempt at a Jail Saga FAQ. While it's not as eloquent as what
@Alexander Hamilton wrote at the start of
the Legal Issues thread (and he is a prosecutor so he is definitely more qualified than me), he hasn't been around for a while to update it, and more importantly I tried to be more thorough and address a lot of the stupid questions. Ideally this would be given its own stickied, highlighted thread to encourage people to read it first before asking stupid questions, and so they can be easily referred to it.
I'm also a retard so I'm sure I've made a few mistakes, it would be fine if others contributed. I also don't know xenforo super well so I may have made some dumb formatting mistakes. It's also fine if people copy this and post this somewhere else if they have their own problems with people asking if Chris is getting raped in prison, etc.
Chris Chan Jail Saga/Jailchu/Nuthouse FAQ v 0.06
Hi folks! There's been a lot of confusion about what has been happening in the Jailchu/Incest Saga. There's been talk of putting together a FAQ for fast answers to questions, so they don't get asked over and over. Now, with the most recent continuance all but guaranteeing that there will be little change in the situation over the next six months, I decided it's time to finally bite the bullet and write something rather than face another six months of the same questions. I've tried to limit this mostly to facts, and cited legal code where needed. I have tried to keep speculation to a minimum and noted it where there is some.
Generic disclaimer: I am not your attorney and this is not legal advice. I am not a practicing attorney, paralegal, or any other officer of the court in the Commonwealth of Virginia. I have no legal experience in Virginia. Any observations I make here are based on my general knowledge of Common Law as practiced in the United States, as well as time spent reading Virginia code and case law in relation to Chris-related events. These are not expert observations, and anyone with actual legal experience in Virginia may find inaccuracies in what I've written.
With that out of the way, let's go.
Background
This is a summary of the events that began the current saga. It is not extensive and not a history of the activity of the trolls involved, or the Everfree Northwest travel plans, just a brief list of events leading to Chris' incarceration. This is a first draft and there may be errors.
Chris, in a recorded phone call with Bella, in addition to less-specific writings over various text based services to various people, including Null, admitted to performing sexual activities with his mother Barbara. He did not go into great detail about the nature of his activities, but did specifically mention genital massages and cunnilingus. He did not specifically admit to vaginal intercourse, but did mention the use of a condom, so it can be inferred that this probably also occurred.
Following the leak of the Bella call, and thus an understanding of the other claims Chris had made not directly identifying Barb as his partner, the Greene County Sheriff's Department sent deputies to 14 Branchland Court to conduct a wellness check on Barb and investigate the situation. They served Chris with a one-week EPO (Emergency Protective Order), pursuant to Virginia Code § 19.2-152.8 . This order, valid from July 30th to August 5th 2021, barred Chris from contact with Barb and residing at 14 Branchland Court. Barb was taken to a hospital for medical evaluation.
Chris contacted his Aunt Harriet (Barb's sister) in Richmond, and asked to stay there for the week. Following subsequent events it apparent that he did not fully explain the reason why he needed to stay there. It is even questionable whether or not he was given permission to do so, but Chris claims that he was. Chris then (presumably) notified the deputies of his destination and then left 14BC in the Chandler minivan, heading to Richmond.
Upon arriving in Richmond, Chris was denied entry to Aunt Harriet's home. Apparently either law enforcement or weens had contacted them and informed them of the situation. They enlisted the support of law enforcement in this.
Chris turned to Null for help, and Null indicated that he would disburse some of the funds originally raised via crowdfunding for Chris' trip to Everfree Northwest, in order for Chris to have money for expenses and to be able to afford a hotel room during the period of the EPO. This money could not be transferred to Chris' account for 2-3 days, so Null advised Chris to sleep in the minivan until the money was received. Chris slept in the van that night.
The next day, July 31st, presumably in violation of the EPO, Chris transferred $750 from Barb's bank account into his own. While some of it immediately was consumed by Chris' negative balance from overdraft fees, he used some of the rest to pay for a room at a motel in Richmond. He then went to a nearby mall, and proceeded to spend the rest of the money. It is not known what he spent it on, but it was clearly more than simply food and basic toiletries.
Once Null noticed this (as Chris had given him access to his email account), he confronted Chris about his actions, and finally became frustrated and ceased communications and support for Chris, and cancelled the transfer of the Everfree funds. Null then notified law enforcement of Chris' actions. Chris spent the night at the motel.
The next day, August 1st, Chris was arrested by the Richmond Police Department at the motel, under a warrant issued by Greene County, on suspicion of incest with his mother, the charge being under Virginia Code § 18.2-366(B) . He was transported to Henrico County Jail, where he was booked.
The next day, August 2nd, he was transferred to Central Virginia Regional Jail in Orange County, which acts as the county jail for several small rural counties, including Greene County.
On August 4th, Chris made his initial appearance in court in Greene County General District Court. As Chris cannot afford an attorney, Judge Kenneth Andrew Sneathern appointed Charlottesville-area attorney David Heilberg as Chris' counsel. Sneathern then transferred the case to Greene County Juvenile and Domestic Relations District Court.
On August 5th, Chris was arraigned in Greene County J&DR Court. Commonwealth's Attorney Edwin Consolvo, citing harassment from Ethan Ralph and others, requested that Chris be held without bail for his own safety and others', and Judge David M. Barredo agreed. Chris' attorney did not request a bail hearing to contest this.
All further hearings have been closed to the public, which is allowed under J&DR court rules
When is Chris' next court date?
So Chris is going to trial on July 28th?
Probably not, for numerous reasons, explained below. It is probably another procedural hearing. We currently do not know the nature of the hearing as the court clerk has not informed anyone here who has contacted them so far.
It is speculated that, based on the Virginia procedure for individuals deemed incompetent to stand trial, this a review hearing to determine if Chris is restored to competency, or if he needs to be kept for another six months in mental health treatment, or declared permanently unrestorable and left in medical care indefinitely. It's speculated that if he deemed competent, this will also be when Chris enters a guilty plea as part of a plea agreement. Read further to understand why.
This section will be updated if new information becomes available.
Is Chris in prison now?
Chris is not in prison. Chris is in jail.
After his February hearing, he was temporarily moved to an unspecified facility. This has more or less been confirmed to be Western State Hospital (formerly Western State Lunatic Asylum) in Staunton, Virginia.
Chris has since been returned to Central Virginia Regional Jail, where he will most likely remain until his July hearing.
Why was Chris in a state hospital?
The reason is unknown, but there are a couple of potential reasons, which of them we are not certain.
Chris could have attempted self-harm/suicide. This would result in a temporary hold, something that all people in Virginia are subject to, under Virginia Code § 37.2-817
More likely, Chris was adjudicated as incompetent to assist in his own defense. While the period of this is variable for less serious crimes (under § 19.2-169.1 ), a common time period for restoration to competence for serious crimes in Virginia is six months. The procedure is documented in § 19.2-169.3
The six month period would explain the six month continuance, which would otherwise be unusual. Chris was reported as transferred at the end of February, almost an entire month after his court date. This could be explained by current overcrowding at the few remaining state hospitals in Virginia, and they could not transfer him until they had a bed/room available. Alternatively, Chris could have been transferred earlier, and the records of his transfer weren't updated until later. What is clear is that he was unable to send or receive mail after the February hearing, up until he was returned to jail.
Given that Chris has been returned to jail, it is most likely that he will be ruled competent at his next hearing.
If Chris was in a state hospital because of incompetence to assist in his own defense, how did he get out? What did he have to do?
They most likely had specified reviewed periods to determine if he was ready to be ruled as restored to competence. There would have been reviews by Chris' assigned psychiatrist in the facility, as well as a court review (which is possibly what the July 28th court date is) to determine if he has been restored to competence.
Since Chris is back in jail, it's likely that he has been deemed restored by the hospital, but he will not be officially restored until a hearing takes place.
@JanuaryViolet wrote
an excellent post about how this process works in their state. Virginia is most likely similar.
How do we know that he was in a state hospital?
The initial suspicions were due to a lack of letters and phone calls received after Chris' February 3rd 2022 court date. This indicated that some change may have occurred in Chris' status that prevented him from communicating with the outside world. Furthermore, the six month continuance until his next hearing would be very unusual under normal circumstances, but would be typical for a review date if the defendant was sent to a mental health facility to restore competence.
Chris' status in VINElink (the victims' notification network that doubles as Central Virginia Regional Jail's online booking info since it does not have its own system on its website) was updated to show that he was transferred from CVRJ. No specific destination facility was stated, instead the field simply contained "another facility". Ordinarily, when a transfer occurs, the destination facility is specified.
Since the destination facility was not specified, there were only a few explanations for the reason why. The most likely was a transfer to a medical facility, as HIPAA privacy regulations require that no information about the health care of an individual be released by a government or medical-related entity.
Notably, Chris was still in a state of incarceration, as if he was transferred to a non-incarcerated status, he would show as "released", rather than "transferred". Chris thus had no choice in his placement at the medical facility.
Later, a poster on Kiwi Farms stated that he had received information from an unnamed source that Chris was at Western State Hospital. This fit all other evidence, so this was assumed to be reliable information.
When Chris was transferred back to jail, he subsequently sent out several letters. In one of them, Chris specifically mentioned being restrained by an individual who has since been confirmed as an employee at Western State Hospital.
Aren't jail and prison the same thing? Are they different?
Generally in the United States, and similar countries, jail and prison, while both incarcerating people, have different purposes.
Prisons are (usually) large statewide facilities designed to contain convicted inmates for a long period of time, usually greater than one year. Generally this means you are only sent to prison once you are convicted of a felony. Since prisons must house people for long periods of time, they usually have lots of amenities to keep prisoners distracted. This can be simple entertainment, a library, workshops where they can learn skills, gyms, outdoor recreation areas, etc. Prisoners often form social groups because they interact with the same prisoners for a long period of time. These can be benign, or violent. This is mostly due to the fact that different prisons have different security levels for housing prisoners with different levels of violent tendencies.
Jails are smaller, local facilities that handle individuals who have just been arrested and are awaiting release on bail, those who cannot make bail for whatever reason and are staying in jail to await trial, and those who have been convicted of minor crimes (misdemeanors). As stays in jail are normally short, often only a few days, they have fewer amenities for inmates. Most of the inmates there are not there for serious crimes, and thus are less dangerous. Dangerous inmates awaiting trial on serious felonies are often kept separate.
In most US jurisdictions, including Virginia, a misdemeanor is described as a crime punishable by less than a year of incarceration. A felony is a crime punishable by more than a year of incarceration. Thus, ordinarily, people convicted of misdemeanors serve their sentence in jail, while people convicted of felonies serve their sentence in prison. People who already have some time served and are convicted of a lower-level felony, who wind up with a short remaining sentence of less than a year sometimes spend it in jail instead of prison.
So why is Chris in jail instead of prison? I thought he was facing serious charges?
Chris is not yet convicted of anything. Chris is being held without bail, waiting for a resolution to his case. No matter what you are charged with, if you are not out on bail, you will be held in jail until you are actually convicted, at which point you could be released, sent to finish a sentence in jail, or finish it in prison.
Why is Chris being held in jail without bail? Do they think he's a great danger to the community?
While we don't know all the details, a journalist documented the prosecutor as specifically citing weens as being a danger to Chris and the community, and thus Chris is being kept in jail mostly for his own protection, and probably for the sanity of the community.
When one is released on bail, part of the agreement is some form of guarantee that you will be available to return to court at the next date you are to appear. Part of that guarantee is a place of residence that you can be contacted at. Chris has no place to go, so his homeless situation is also probably part of the reason he is still in jail. While sometimes homeless defendants are released, they are usually required to still provide the address of a homeless shelter that they can be found at.
Large cities, beleaguered by great numbers of homeless, and many cases of petty crime, sometimes do not enforce this very well, and wind up with many defendants failing to appear. Greene County is not a large city, so it is less of a problem for them to be more strict.
That said, if Chris could somehow arrange for a reliable living situation outside of jail and provided some sort of guarantee (in the form of money, an ankle monitor, or even just a promise with a good plan), he would almost certainly be granted bail if his attorney requested it. While the crime he is accused of is definitely disgusting, it is not the sort of crime that would elevate him as an imminent threat to the community at large. He has no history of being a flight risk, as in all previous times he has been charged with a crime, he has returned for his court dates.
I heard that because Chris is a transwoman, he was placed in a women's jail. Will he molest other inmates?
Virginia places inmates based on their genitalia, not their gender identification. While Chris is treated as a woman in legal proceedings outside of jail, he is booked in jail as a man.
Small communities usually can't afford a separate men's and women's jail. Central Virginia Regional Jail does have a small women's unit, but Chris is not in it.
While it's possible that Chris may have hoped to have been given female company, under current law this will not happen in Virginia. This has actually been a problem in states that have assigned inmates based on their stated gender, and has notably caused incidents in California.
Nevertheless, Chris has coped with the situation by claiming to be in a "co-ed" facility. Chris, however, is not housed with women. If a pre-op transwoman is cycled through the jail, they may be placed near Chris.
Chris, however, is generally not allowed contact with other inmates, for his own safety, so the matter is largely irrelevant.
Was Chris placed with women at Western State Hospital?
This is unknown. On intake, however, patients are normally held separately. It may be possible that if Chris were eventually assigned a roommate, it would be another MtF transgender individual. Based on the scant descriptions we've heard from Chris, it is likely that he was held separately the whole time.
Will Chris get free sex reassignment in jail on the taxpayer's dime?
No. Not in jail. They don't provide major health care in jail unless the inmate's life is in immediate danger.
In the unlikely event that Chris is sent to prison for a long time, it is possible, but not likely in the near future. There is current debate in Virginia over whether this should happen, as it is not currently allowed. With the new administration in the Governor's office, this does not look like this will change anytime soon.
Furthermore, Chris has been reluctant to part with his duck in the past, even though he raged and cursed against it.
That said, it might be in the state's best interest to remove Chris' male reproductive organs, if for no other reason than to reduce his sex drive.
Is Chris receiving Hormone Replacement Therapy while in custody?
Inmates in jail, and patients in a mental facility in Virginia are entitled to receive medication that they have been prescribed. If Chris can document a diagnosis of gender dysphoria, he can receive HRT medication while in custody. Whether he asks or even thinks to do this is up to speculation, as it seems he has not really kept up to date with HRT treatment in the past, preferring instead to use Barb's estrogen cream on his nipples.
I heard Chris said he had a "standard bidet" in his cell. Does he? What about when he was at Western State Hospital?
Bidets are not normal for a jail cell. What is common, however, are extremely sturdy steel toilet/sink combination units, where the sink is built into the top of the toilet tank assembly.
It is speculated that this means that Chris is sitting on top of the sink and using it to wash his anus and buttocks after defecating, thus effectively repurposing it as a bidet.
In a state hospital, bathroom facilities can vary. This ranges from a private bathroom in normal accomodations, to a cell-type toilet in the more restrictive ones. Chris still did not have a bidet.
Is Chris going to be beaten/raped/murdered by other inmates while in jail?
Almost certainly not. Inmates who are at risk for various reasons are usually kept separated from others. In Chris' case, his claims of transgender identity, obvious mental illness, and irrational behavior more or less guaranteed that he would be recognized as needing such protection. From Chris' own letters, this is what is happening, and he does not have much contact with other people other than the jail staff. Chris does not have a cellmate.
Was beaten/raped/murdered by other patients while in a state hospital?
Very unlikely. While Chris might have been allowed around other patients at some point, group areas are almost constantly monitored. At worst, Chris received a quick beating before hospital staff broke it up. This is still unlikely and Chris has not written about this occurring during his stay.
Chris did indicate that staff at the hospital restrained him and held him to the ground, which he likened to an event where he had to be restrained in elementary school due to throwing a tantrum. The accuracy of his description of the events is in doubt.
Chris was abnormally quiet after his February hearing, was he not allowed to contact the outside world while he was at Western State Hospital?
Apparently not. No mail or phone calls were received while Chris was in the hospital. Chris has yet to describe why this was the case.
I've seen some crazy letters. So Chris can send and receive mail when he is in jail?
Inmates generally have the right to communicate with whoever they want, unless it's a danger to the facility or used to commit a crime. Chris is a low risk.
Chris can write as many letters as he can afford paper supplies and stamps for. He receives a couple of free letters per week, but must pay for the rest.
Chris can NOT receive physical incoming mail. For security reasons, all incoming mail is scanned and then shredded. Chris is then presented with printouts of the scanned documents. This means that anything sent must be able to fit within an office-type document scanner.
Chris generally cannot receive packages. This is also to reduce the risk of contraband, weapons, etc. from entering the facility.
So I can send Chris mail when he is in jail? Will he reply?
This is not a good idea, especially if you don't practice opsec with your name and return address. Chris is keeping a logbook of everyone he corresponds with, including their addresses and any phone numbers he's received, and he intends to publish these. i.e. Chris intends to dox everyone who talks to him.
As writing physical letters takes effort, Chris is currently mostly only replying to people who are stroking his ego. If he deems you "toxic", he will not reply. He will still dox you though.
That said, the letters can be entertaining. Thus, it is not encouraged or endorsed to write Chris, but any letters posted to the forums are appreciated.
Doesn't the jail read Chris' letters?
Chris still has a nominal right to privacy in his mail, especially as he has not been convicted yet. Virginia's policy for inmate mail is that it should not be read except for practical, security reasons to keep the facility and inmates safe.
To protect the security of the facility, the addresses on the outside of the envelopes are all recorded, as metadata has no protection.
Incoming mail is scanned, and can be seen by whoever is printing them out. They are given a cursory examination. Chris is not a super spy that they need to extract all information from. It is being examined to protect the security of the facility, not to gather information.
Outgoing mail is sealed and not read by jail staff unless there is probable cause that Chris is using it to commit a crime. All mail received from Chris so far has been stamped with a notice that it has not been read.
That said, the only mail that Chris has a complete privacy guarantee is that with his attorney.
Can Chris make phone calls in jail?
Yes, however they are expensive, thus Chris does not make many of them as they rapidly drain his commissary account. A few have been recorded by the recipients.
All calls, except to his attorney, are recorded in the event that they need to be examined to protect the security of the facility. That said, they are probably not being actively listened to by authorities.
Chris keeps a log of every phone number he receives, and he has stated that he also intends to release these when he doxes everyone. If for some insane reason you want to receive calls from Chris, you should give him a throwaway Skype number.
Again, it is not recommended that you try to have Chris call you, but recordings (made legally in places where one-party consent is allowed) are still entertaining.
Does Chris have TV/Video Games when in jail?
Chris has a small FM radio. There is a TV in the common area, but Chris is generally not allowed access to that area for his own protection.
Jails, being short-term facilities, usually don't allow inmates to have larger personal electronics since that would cause logistical issues. Thus personal televisions and video game consoles are mostly the domain of prison.
In recent years many jails have started issuing tablets running a heavily locked-down version of Android to inmates, both to allow them to purchase games, and send expensive emails through a limited mail gateway. CVRJ apparently has not implemented such a program yet, so Chris does not have a tablet.
How is Chris affording these things when he is in jail?
Weens are sending money to his commissary account, so he can purchase ramen, Fanta, prayer rugs, art supplies, etc.
It is possible that he is having money transferred from his tugboat, and Chris is just begging for more, but that would still be a lot of money for commissary, so it is speculated that his only source of money right now is weens.
Can I send Chris money when he is in jail?
Don't send Chris money.
That said, weens who want to can only send it via USPS postal money order (no other kind) to the jail, or via the JailATM service. I'm not going to post instructions as I don't want to encourage feeding Chris junk food.
Could Chris buy or possess personal items when in a state hospital?
Probably not. Chris has not confirmed much information about his stay. Most likely, he only had access to what was provided. It is unknown if he was able to keep his belongings from jail, or if the jail saved and returned them when Chris was transferred back to jail.
Chris is in the big house! Is he going to come out buff/ripped?
Almost certainly not.
First of all, as Chris so far, has only been to jail, not prison, so there's not much in the way of exercise facilities. The "big house" is prison, which often has such facilities.
Chris, however, is lazy. He is also mostly confined to his cell for his own protection so he doesn't piss off other inmates. It is unlikely that he is getting much exercise.
Chris claims to have lost weight in jail. This is possible as he can no longer purchase large amounts of fast food. He is instead eating jail food, which while bland is also somewhat of a balanced diet. He is supplementing it with ramen and such from the jail commissary.
Many people gain weight in jail/prison. This, however, is often because they have reduced physical activity there versus their normal life. Chris had almost no physical activity to begin with though, so this is not a factor.
The general consensus is that Chris will come out of jail still fat, though possibly slightly thinner.
In the state hospital, his diet was probably even more restricted. In facilities like this, patients are often given a choice between meals, but the meals provided are a set, specific amount meant to meet the dietary requirements of the individual.
It does appear, however, that Chris has lost a small amount of weight during his stay. He looks noticeably thinner in his recent booking photo, however he is still quite corpulent.
What court is Chris' case in? Why am I being stopped from going in to watch? Can I at least read the transcripts to find out what crazy stuff Chris said?
Chris' case is in Greene County Juvenile and Domestic Relations District Court, or J&DR court for short. A J&DR court handles crimes committed by juveniles (unless they are tried as an adult), and misdemeanor crimes committed between adult family members/cohabitants.
Because juvenile and family affairs are often considered private matters, case data is not published like it is with other courts. Juvenile case files are not available to anyone other than the relevant parties. While theoretically some of the information about adult cases is still publicly available, it must be requested from the clerk of the court. Similarly, while the public can be allowed to be present for adult cases, they can also be barred for privacy reasons.
J&DR is not a "court of record". This means that they do not have to keep a record of every tiny thing that happens. Proceedings are not copied down verbatim, instead only information used in the case, motions, etc. are stored in the case file. There is no transcript of what is said. Video and audio recording are not allowed, except by court staff for internal documentation.
Notably, as J&DR court can only handle misdemeanor charges (other than a single probable cause hearing that sends the client to be indicted in Circuit Court), this means that Chris has possibly only been arraigned on misdemeanor charges.
While almost all felony cases begin at district level, after the initial appearance, setting of bail, etc, they are supposed to proceed to a probable cause hearing. If the judge is convinced at this hearing, the evidence is sent to a grand jury, which can then issue the indictment for the felony. Proceedings from then on continue in circuit court. This is meant to happen quickly, but can take some time. Usually this occurs in a matter of days, but can take several weeks or, rarely, a few months. While it can take longer (arguably unconstitutionally longer) in some extremely overwhelmed urban courts, Greene County is not one of them. The fact that it has not happened after half a year is why it is speculated that Chris is only facing misdemeanor charges.
This does not mean that he hasn't been charged with a felony, as there could have been abnormal delays to indictment due to the unusual nature of Chris' case and condition, but since it's still in J&DR court we can't be certain. If Chris is kept in an incompetent state longer than a year since his arrest, we will know for sure that he is charged with a felony.
I heard Chris stamped his feet and shouted in court. Will he be freaking out all the time? I wish I could see it.
Chris did indeed make a bit of a show as his arraignment, the only hearing of his in J&DR that was open to the public. He demanded that he be allowed to go retrieve his toys (presumably the newly purchased ones he left in his hotel room). He also shouted about how he was famous on the internet.
Fortunately for the court's sanity, Chris does not actually have to be present as most hearings. It is speculation, but they are likely not including him there for most of them. Technically, on a misdemeanor in Virginia, Chris does not have to be present at all in court. That said, plea agreements often require the guilty plea be entered in person to ensure that the defendant is confirming his understanding of the agreement to the judge. Chris will thus probably be present for his final hearing.
Either way, we will probably never see his behavior, and it will not be transcribed or recorded as J&DR court does not do that.
Why would Chris be in a court that, for adults, only normally handles small crimes?
This can only be speculated as we have no information on the reason for the transfer.
That said, a Class 5 felony, prosecuted as a misdemeanor, is at the absolute top fringe of what J&DR court is allowed to handle. As it can be prosecuted as a misdemeanor, and was between family, it still qualifies for domestic relations court.
Likely reasons that have been speculated include protecting the proceedings from weens, reducing press coverage about something that is potentially embarrassing to Greene County, and not exposing an elderly lady to further shame.
It also gives breathing room where a plea deal can be done entirely within the realm of a misdemeanor charge, rather than having to be publicly negotiated down from a felony.
I heard that Incest is a Class 5 felony. Doesn't that mean Chris is charged with a felony?
Incest with your own parent is indeed a Class 5 felony, under Virginia Code § 18.2-366(B). However it's important to understand what a Class 5 felony is.
In many jurisdictions, including Virginia, crimes and their respective punishments are classified under a shorthand system where instead of having to assign individual penalties for each crime, they can assign it a classification instead, and all crimes with that classification carry the same penalties. Different states use letters, numbers, etc., and some don't use a classification system at all.
In the case of Class 5 felonies in Virginia, this is punishable by 1 to 10 years in prison. However Class 5 felonies (as well as Class 6 felonies) are a type of violation known as a "wobbler". In jurisdictions with "wobblers", the prosecution, judge and/or juries are given the option of reducing the punishment to under a year, rendering it a misdemeanor instead of a felony.
As described in Virginia Code § 18.2-10, the statute gives the option of a penalty of up to 12 months in jail (or no jail time at all), making it equivalent to a Class 1 misdemeanor under Virginia law, the most serious misdemeanor.
J&DR court cannot sentence people to prison, the most they are allowed to prosecute is crimes punishable by up to 12 months in jail. This is how Chris can be charged with incest in J&DR court even though incest is nominally a felony. By choosing to prosecute Chris in J&DR court, the prosecutor has limited the charge to being a misdemeanor. For Chris to be indicted on the full felony charges, his case would have to be transferred to Circuit Court after a probable cause hearing.
It is notable that Chris' case was transferred from General District to J&DR, and has stayed there for almost a year. While it's possible that Chris' defense attorney could be working wizardry trying to prevent a felony probable cause hearing, it's unlikely the judge would stand for that if the prosecution was intent on charging Chris with a felony.
That said, it's still possible. In this scenario, Chris is voluntarily sitting on a not-yet-indicted felony charge, not a misdemeanor, and the probable cause hearing has simply been delayed for an entire year. This would be extremely unusual as neither side stands much to gain from delaying it for a year. If Chris has had his probable cause hearing delayed for medical reasons, this may be a more realistic possibility.
Does that mean that Chris can't be charged with felony incest?
Chris can still be charged with a felony. This could happen at any time. There is no blanket statute of limitations on felonies in Virginia. All that is required is a probable cause hearing, which if successful would then send Chris to Circuit Court where, after the charges were reviewed by a grand jury, he would be indicted with a felony.
There is a statute of limitations on a felony after charges are brought. Five months if the defendant is held in jail, or nine months if free on bail. This timer, however, is paused during any continuance that is requested by the defense. Since, to the best of our knowledge, all current continuances have been requested by Chris' lawyer, this timer is not moving.
The only thing that would prevent Chris from having his charges upgraded to a felony would be a non-prosecution agreement from the Commonwealth's Attorney as part of a plea deal, or if he is found guilty on the charges as a misdemeanor, thus preventing him from being tried again for the same charge.
I heard that Chris raped Barb! Isn't rape always a felony?
Rape is a felony, but Chris is not charged with rape, at least not yet. This is for two reasons.
First, rape is a lot harder to prove than incest. For incest, the prosecution must only prove that the event occurred. To prosecute rape, they must prove that Barb refused consent. Chris has admitted that Barb at one point refused consent, but he did not clarify that any intercourse occurred at the time she refused. Chris also indicated that Barb eventually consented. Since he did not provide a time frame for when the activity occurred in relation to the denial and granting of consent, it is in no way evidence that Chris had sex with Barb when consent was refused.
If Barb does not indicate that consent was refused in a deposition or testimony, then there is essentially no evidence that rape occurred.
Second (as will be explained in another answer), rape is a very serious charge, and given the poor evidence, the defense would absolutely not accept a rape charge as part of a plea deal, thus forcing the case into going to trial.
But isn't Barb senile? Doesn't that make it rape, because she can't consent?
For an adult to be considered unable to consent, they must be considered physically or mentally incapacitated.
Physical incapacitation would be if Barb was unconscious, or so paralyzed that she had no vocal or physical means to refuse consent. We know of no evidence of this.
Mental incapacitation does not mean demented or slow in the mind. It means that she was so mentally incapable that she had no idea what was happening or what the consequences could be. Simply making bad decisions because your mind is impaired does not mean you are incapacitated. The bar for being adjudicated as mentally incapacitated, outside of temporary incapacity due to drugs or alcohol, is extremely high.
If Bob were still alive and having sex with Barb, the level of mental incapacitation to charge Bob with raping Barb is exactly the same as it is for having sex with Chris.
This doesn't mean that it would be impossible to determine that Barb was incapacitated, merely that the bar is high and thus not an attractive option for the prosecution, particularly if Barb does not wish to assist the prosecution.
This is taking forever, why are there so many continuances? Doesn't Chris have the right to a speedy trial?
Chris has the right to a speedy trial, but he does not have to exercise that right. The continuances are at the request of the defense, thus the right to a speedy trial does not apply.
As for the reason for the continuances, we do not know. We know that the first continuance was to arrange for a psychological evaluation of Chris, but beyond that the hearings were closed, so it's uncertain, and anything beyond this is speculation.
Common reasons for delays are obtaining more relevant evidence, documentation, etc., as well as more time to negotiate a plea agreement, thus avoiding a trial entirely.
As the writer of this FAQ, I will interject with the speculation that the purpose is to increase the amount of pre-conviction time Chris has spent in jail, letting him serve more time with fewer financial consequences (such as losing his tugboat temporarily) in a safe environment. If a final plea agreement stays in J&DR court, a maximum misdemeanor sentence of 12 months in jail would allow to prosecution to claim that they gave Chris the maximum sentence allowed by the court, while making the defense happy in that Chris is left with the best possible starting point for what is to come.
Others have speculated that it is to allow time to find Chris placement in an assisted living program to meet the needs of his poor mental health, thus reducing the risk of him reoffending.
Isn't it weird that there are so many continuances? Is Chris getting special treatment with this?
Not at all. Plenty of cases take up to a year to complete, for a variety of reasons. Cases usually only end quickly when the stakes are so low that there is no point in dragging it out, or when the prosecution has made a critical error and the defense wishes to end the situation in their favor as fast as possible.High-stakes cases where a person's life is on the line can take multiple years to complete.
The right to a speedy trial exists to prevent the prosecution from abusing pre-trial detention as a way to punish an innocent person without having to convict them. Since the right is there, there is less incentive for that abuse to happen, thus there is less need for a speedy trial.
Are they spending this time having Chris demonstrate his insanity, so he can be found Not Guilty by Reason of Insanity?
Almost certainly not. Hollywood pop culture loves the insanity defense for some reason, but in reality it is extraordinarily difficult to use effectively, and has been for around half a century. Most states strongly tightened the rules around how one could be considered insane with tough-on-crime legislation in the mid-late 20th century, and on the federal level they were notably tightened to be almost impossible with the 1984 Insanity Defense Reform Act, after Ronald Reagan's attempted assassin, John Hinckley Jr., was found not guilty by reason of insanity.
For one to be considered legally insane, they must not understand what they were doing, or were incapable of understanding the concept that what they were doing was a crime. Chris knew he was having sexual relations with Barb, and he was capable of understanding that incest is a crime.
But he was sent to a psychiatric hospital, doesn't that mean he's been found to be insane?
No. It means that he was found to be either a present danger to himself, or that he was incompetent to assist in his own defense. If he was incompetent, it was a limited form of impairment, and his treatment was meant to restore competence. If he was a danger to himself, he was held until he was no longer a danger to himself.
Since Chris is incarcerated waiting for trial, he is already not at liberty, thus they can force him into treatment if he is incompetent. Meanwhile, if he is convicted and released having completed his sentence, he must be found *incapacitated*, and the bar for this is much higher, meaning he is deemed to be utterly incapable of functioning in his own care.
Neither of these situations are a Not Guilty by Reason of Insanity verdict, which would absolve him of responsibility for his crime. This outcome is *extremely* unlikely, though given his current status it is not impossible.
Can't Chris still use the fact that he is autistic/retarded in his defense?
Yes. Due to a VERY recent statute ( § 19.2-271.6 ), Chris's attorney is allowed to present his conditions as a mitigating factor. This overrules a particularly harsh law passed in 1980 that banned the use of mental health conditions as evidence. This evidence, however, might not be helpful in determining guilt in a case where intent is not an issue. It would still definitely help in presenting a more sympathetic viewpoint to the court, and that could carry over into sentencing instead of having to be introduced at the last minute for a diminshed capacity determination.
In addition, another recent statute ( § 19.2-303.6 ) would actually allow Chris to be let off entirely with a deferred disposition, though the fact that Chris has been in jail this long indicates that this may not be in the cards. (In addition, certain sexual crimes are not eligible for this. Sexual intercourse with your mother is not one of them, but cunnilingus with your mother is. The way it's worded, however, seems like it only applies on a second offense. Someone with actual Virginia legal chops could clarify this.)
Neither of these, however, are get-out-of-jail-free "tard cards". Firstly, they would have to convince a judge (in a bench trial) or jury (in a jury trial) that they applied.
Second, deferred disposition is not an acquittal. It means "Guilty if you mess up your probation, no charges if you succeed." He would still have to stay out of trouble for a long probation period, otherwise he would be hit with a conviction.
So yes, it's possible for the "teflon tard" to skate on this, but the fact that they are keeping him in jail makes it seem unlikely, and even if he does, he still would have spent at least a year in jail, despite never being convicted.
Does Chris get credit for all the time he's spending in jail? What about his time in a state hospital? How much does it count for?
A day in jail is a day in jail. Every day Chris spends in jail pre-conviction counts against time in his potential final sentence, whether that be in jail or prison.
In addition, good behavior credit counts, so if he's behaving well then he's earning extra time off. You are allowed to transfer this good behavior credit from time spent in remand as per ( § 53.1-187 ). In Virginia, good behavior credit in jail counts for 50% off, good behavior in prison counts as 15% off. Someone who is an actual lawyer in Virginia should clarify if you get to keep your 50% good behavior credit from jail, even if you wind up in prison, or if it gets converted to 15% credit.
This good credit time could be wasted, however. For instance if at his hearing 12 months after arrest, he receives a sentence of 12 months in jail, he will have still spent 12 months in jail. Whereas if he had been sentenced to 12 months at the beginning, he could have been out in only 6 months on good behavior.
When Chris is in a state hospital, he still earns time served. He does not, however, receive good conduct credit.
But if at his next hearing if he just gets off on time served, doesn't that mean he got off scot-free?
Only if you consider spending a year in jail, losing your home, and possibly never seeing your mother again "scot-free".
Even if he gets all the charges dropped, he will still have spent more time in jail than most people do in their lives.
So if Chris gets the charges dropped via deferred judgement, or if they just drop the charges, or if he's found not guilty, does the state have to pay Chris because they kept an innocent man in jail?
No. They had probable cause for his crime. The burden of proof for keeping someone in jail on suspicion of a crime is not as high as actually convicting them of a crime. Furthermore, the long time in jail was the result of the defense requesting continuances, while not requesting Chris' release.
Chris wants to be pardoned by Biden. Could he play the troon card and make that happen?
Biden is the President of the United States. He can only pardon people on federal crimes. Chris is charged with a crime by the Commonwealth of Virginia. For criminal cases brought by the state of Virginia, only the Governor can pardon someone.
Governor Youngkin's campaign was notable in that included an incident involving sexual assault by a M2F transgender person. The optics would not be good if he pardoned a M2F transgender person accused of sexual assault.
Even then, unlike the US constitution, the constitution of Virginia only allows pardons *after* conviction.
Still, Chris' case has received so many continuances, how long can they continue the case, legally?
As long as the defense doesn't demand a speedy trial, forever. They can continue the case until Chris is dead. Continuances, however, must be approved by the judge. The reason the case has taken this long is because the judge has agreed to it, and neither the defense nor the prosecution has complained about how long it is taking.
So they can just keep Chris in jail forever?
No. They can only keep Chris in jail up to the length of the maximum sentence of the crime Chris is charged with. Presently, to the best of our knowledge, he has one charge of incest in J&DR court. Since the J&DR court can only hand down a sentence of up to 12 months, the longest they can keep Chris in jail on his current charge is one year. After one year, Chris can demand his immediate release. It's possible that he could voluntarily stay in jail longer, but the judge and administrator of the jail might be unhappy with that.
This would not end his case, or his charges. He would still have to show up for court dates, and could be jailed again on the crime of Failure to Appear if he didn't.
Chris can, however, still be charged with a felony. While a rape charge seems unlikely, he could be indicted on the incest charge as a felony in Circuit Court. This would allow them to keep him in jail for the duration of the case, up to ten years.
It's also possible that Chris is sitting on a felony charge but the judge is somehow okay with delaying the indictment for an entire year. In this case they could continue to hold Chris for the same 10 years pre-trial. This would be extremely unusual, however, and Chris' attorney would be free to force the issue and demand Chris' release if there were no indictment.
When Chris is in a state hospital, can they keep him there forever?
Yes, they can. However he has since been returned to jail.
However if he is returned in the future to a state hospital, the following rules would apply:
If he is a danger to himself, they can keep them there as long as they determine that he is a danger to himself. If he is deemed incompetent to assist in his own defense, they can keep him there until he is deemed competent, up to a certain time limit. Both of these situations will be subject to periodic review.
If after one year of time served, or if Chris is charged with a felony, after five years of time served, and he is still deemed incompetent, the charges will be dropped, and he will then be evaluated for incapacity (i.e. insanity). If he is not deemed incapacitated, they will release him into some form of assisted living or outpatient mental health care treatment. If at any point in treatment he is deemed to be competent, the charges can be brought again.
If he is ruled incapacitated, he will continue to be hospitalized, but no longer under criminal charges. This is basically the same effectively as an NGRI, except they no longer have to prove that he lacked capacity at the time of the crime.
If he is charged with a violent sexual offense (i.e. rape), even if he is not found incapacitated, if a doctor determines he is likely to rape again, he can receive indefinite civil commitment, despite never having been convicted of a crime. The end result would be similar to the above situation, except instead of capacity, he would have to have a doctor determine that he was not likely to rape again due to uncontrollable urges.
At this point he will be hospitalized indefinitely, but not as a person in custody. He will remain that way until he's deemed no longer insane. However, unlike an NGRI verdict, if Chris is restored to capacity and competency, the prosecutor can then bring the charges again, thus starting the process over again. If this happens though, Chris will have banked 5 years of time served before he was transferred to civil commitment, so there may not be much point in charging him, as the defense will have a stronger case due to the previous commitment, which with the added evidence of diminished capacity would probably render 5 years longer than the likely sentence.
The rules for this are complicated and I may be mistaken, as they vary quite a bit for different charges.
When Chris was first arrested, they mentioned potential further charges. What would they be? Has he received further charges?
To the best of our knowledge, Chris has only been charged with incest in J&DR court. He could have been arraigned on further charges in the closed hearings, but we can only speculate about that.
However, based on what we do know, these are the charges that Chris could potentially be facing:
§ 18.2-366(B) - Sexual intercourse by persons forbidden to marry; with own mother - A Class 5 felony (This is what we know he is charged with)
§ 18.2-361(B) - Crimes against nature; cunnilingus with own mother - A Class 5 felony
§ 18.2-60.4 - Violation of protective orders; without threat of violence - A Class 1 misdemeanor
We believe he is NOT currently charged with the following, as they are hard felonies and cannot be brought in J&DR court as a misdemeanor. He still may have been charged with them, and had his probable cause hearing badly delayed (as mentioned before), but it would be extremely unusual:
§ 18.2-61. Rape; - Not a classified felony, instead has specific sentence of 5 years to life.
§ 18.2-67.3(5) Aggravated Sexual Battery; Under false practice of "healing arts" - Not a classified felony, instead has specific sentence of 1 to 20 years in prison.
So in the event that Chris gets mutiple charges, does that mean he has to spend multiple years in prison with the charges stacked?
Probably not. Courts generally operate on the principle of making sentences served concurrently when they are related to the same act. For instance, if he was convicted of both intercourse and cunnilingus, the sentences would almost certainly be served concurrently -- i.e.they would both be served simultaneously rather than one after the other.
They could try to use the idea of "every three days" to bring multiple charges for multiple acts, but then they would have to prove the number of times that each individual act happened, rather than if they happened at all. This would be difficult to do. Even then, they would probably still be served concurrently.
The EPO violation would be a separate act, and could potentially be served consecutively, but even though a Class 1 misdemeanor has a maximum sentence of 12 months, this is a very small violation and sentencing guidelines would probably give it a very small sentence, possibly no jail time at all. I could only see this being used as part of a plea bargain, where they give him a year on the EPO violation in exchange for dropping the other, harder to prove charges.
The rape charge would be more severe, and could fall under a law requiring it to be served consecutively, but again it is unlikely that it will ever be brought. A practicing attorney in Virginia could clarify this.
Couldn't Chris be charged with elder financial abuse?
Only if Barb were ruled incapacitated, which is unlikely. As far as we know, Barb willingly and consciously gave Chris access to her bank account.
So what charges will Chris be found guilty of?
All we have to work on are Chris' own words, so this is entirely speculative. Chris is an unreliable narrator, and his words are not exactly proof by themselves.
Much of Chris' discussions of what happened were described vaguely. It's important to note that Chris masturbating Barb or inserting sex toys in her is not actually illegal by Virginia law. The only sexual activity that is illegal between adult, consenting mother and son involve copulation between penis and vagina in the case of persons forbidden to marry, or mouth/anus with penis, or mouth with vagina in the case of crimes against nature.
The wellness check and medical examination of Barb may have turned up physical evidence that we don't know about.
Ultimately it will most likely be what the prosecutor and defense attorney are willing to compromise on, rather than an extensive proof of what happened in court.
Before he was transferred to the state hospital, Chris seemed to believe that he was about to be released and sent back to 14 Branchland Court. This obviously did not happen. Why he believed this to be the case is unknown. It is unclear what he now believes his fate to be.
Isn't it enough that Chris did sex stuff with Barb? Doesn't the incest law ban sexual intercourse with your mom?
"Sexual Intercourse" has no definition in Virginia code. In Virginia case law, sexual intercourse is defined as strictly meaning penis in vagina, as per Desper v. Commonwealth of Virginia (2011).
Anal intercourse, fellatio, cunnilingus, and anallingus are the only other prohibited sexual activities with your mother, as specifically defined in § 18.2-361(B)
Thus, the prosecution hinges entirely on proving that Chris either placed his penis in Barb, or gave her oral. Chris has described giving her oral once, so there is at least probable cause, but proving it depends on finding other evidence.
There is also a small possibility that Chris could be prosecuted for sexual contact while falsely professing to be practicing "healing arts". While Chris has claimed to be "healing" Barb in the process, prosecution of this would require that he had told Barb that he was "healing" her at the time as a pretense for sexual activity. This would essentially require Barb's testimony, or Chris testifying against himself. Importantly, it would not be enough that Chris believed he was healing Barb, but that he expressly told Barb that the purpose of their sexual contact was to heal her. Chris could also not be charged with this if Barb explicitly consented to the "healing", but he could be charged with it if she failed to give explicit consent to be "healed", even if she did not refuse consent for sex.
Don't Chris' admissions count as a confession?
Chris saying shit is not a formal confession unless he gave it in sworn testimony or deposition. While it can still be used against him in court, it is not complete evidence on its own. We don't know what happened after he was mirandized, before he had access to an attorney.
Even then, with a decent attorney, it's still arguable if there's no other evidence. Prosecuting Chris will depend on what other evidence the authorities have found, and what Barb has told them.
Virginia, like many other places, follows the principle of "corpus delicti" ("body of the crime"). A confession alone is not enough to convict.
For instance, you could claim to have murdered someone, but it would be incredibly hard to prosecute if you couldn't find evidence of that person dead or missing.
Since we don't know what evidence they have, we only have speculation. Still, the fact that they have not moved more aggressively could mean that they are working with limited evidence.
Could Chris be found not guilty because Bella encouraged the sex?
Probably not. Chris still made the decision to do the act. It could play into a mental handicap defense, meaning Chris was influenced, but so far we've seen no evidence that Bella did anything more than talk about how great incest was.
Could Bella be prosecuted for conspiring with Chris about the incest?
No. She would have to have directly contributed to it through action, coercion or material support for that to happen. There is no evidence that anything like this has occurred.
There is no requirement for her to report the crime in Virginia. There is a law in Texas for crimes against the elderly to be reported, but that would be an incredible stretch, and speculation about that is not within the scope of this FAQ, as it is about Chris.
So if Barb consented, doesn't that mean she has to be charged with incest too? Isn't the fact that she hasn't been charged proof that she didn't consent?
No. Prosecutors decide who to charge and what to charge with them. They are free to ignore all crime if they want. They are free to ignore murder if they wish.
The counterbalance against this is that if a prosecutor does a terrible job, the public is free to elect their opponent in the next election. In some jurisdictions they can force a recall election to remove them (this is currently happening in San Francisco). The legislature may remove them by impeachment. The legislature may also appoint a special prosecutor to bring a case that the normal prosecutor refused to.
The prosecutor in this case has chosen not to prosecute Barb. The reason is entirely up for speculation, but it doesn't really matter with regard to how Chris is prosecuted.
**CHARACTER LIMIT REACHED, FAQ CONTINUES IN LATER POST**
