VIRGINIA:

IN THE CIRCUIT COURT FOR THE COUNTY OF FAUQUIER

COMMONWEALTH OF VIRGINIA v. CECIL LEONARD HOPKINS, Defendant. Case No. CR12-899

MEMORANDUM IN SUPPORT OF PLEA AGREEMENT COMES NOW, the Commonwealth of Virginia, by her counsel, respectfully requests this Honorable Court to consider the following in support of the proposed plea agreement tendered to the Court in this matter. After careful consideration the Commonwealth has entered into a plea agreement with Defendant and his counsel that is in the best interest of all parties and meets the ends of justice. The Commonwealth has made every effort to investigate all aspects of the crime itself and the past history of the victim and defendant including medical records, mental health records and discussions with friends and relatives of the victim. The Commonwealth anticipates a self-defense argument in this case due to the defendants statements at the scene of the offense where he told officers that the victim had attacked him. He also stated that the victim had previously been diagnosed as bipolar and was not taking her mood stabilizing medication. The toxicology records provided by the Medical Examiners Office confirmed that the victim did not have any of the prescribed medication in her blood. The victim in this matter did have a significant violent history and had previously been convicted of Arson, Reckless Endangerment and Threats. Although a significant period of time

had passed since those convictions, the current law of Virginia would allow the admission of that history and the details surrounding those convictions into evidence for the jurys consideration regardless of whether or not the defendant was aware of them. The victim also had a significant mental health history which was documented and detailed in records that were obtained throughout the course of investigation by both the defense and the Commonwealth. Entering into a plea agreement which thereby obviates the need for a trial ensures that the details of the victims private and very personal records are not flaunted in front of the public and her family who loved her very much. The Commonwealths evidence would be that this crime occurred at the victims home after an argument between her and the defendant while their children (a child of the victim and two children of the defendant) were present. As such, the Commonwealth believes that the

young children who were all minors at the time of the offense would be material and necessary witnesses at trial. At the request of their counselors and the guardian ad litem the

Commonwealth has reviewed their counseling assessments in order to estimate the trauma of using the children as witnesses at trial. D.B., the victims ten year old daughter, was diagnosed with Acute Stress Disorder and is dealing with overwhelming grief at the loss of her mother. A.H., the defendants eleven year old daughter, was diagnosed with Post Traumatic Stress Disorder and has been plagued with flashbacks and an overwhelming fear of being in contact with D.B. or anyone from the victims family. C.H, the defendants seventeen year old son, was also diagnosed with Post Traumatic Stress Disorder and has suffered more and more psychological unrest as the trial date nears. The Commonwealth has met extensively with each child and their mental health providers and has been requested to take whatever steps necessary to keep these children from

suffering greater damage by calling them as witnesses. While the Commonwealth has a vested interest in ensuring that justice is sought for the victim, it must balance that interest with the long-standing trauma of asking a child to testify about the day her mother died or the day their father committed a horrible crime. Most importantly, after careful consideration of the facts and the evidence that would be adduced at trial, the Commonwealth believes that the defendant committed voluntary manslaughter on September 3, 2012. The evidence, beyond a reasonable doubt, is that the defendant acted with the intent to kill but that he did so in the heat of passion. As such, The Commonwealth would ask the Court to consider this plea agreement and maintains that it is in best interest of the children and meets the ends of justice.

Respectfully submitted, JAMES P. FISHER Commonwealths Attorney

By: ________________________ Jamey E. Cook Office of the Commonwealths Attorney 29 Ashby Street, Fourth Floor Warrenton, Virginia 20186 Telephone: 540/422-8120 Facsimile: 540/422-8121 Email: jamey.cook@fauquiercounty.gov