Friday, April 19, 2013

Motions Filed On Behalf Of Both Suspected Arsonists

The Virginia Pilot
A General District Court judge on Wednesday denied bond for the woman charged with arson in Accomack County, and her attorney has asked the court for a psychiatric evaluation.

A motion filed this week says Tonya S. Bundick's actions during the time of the alleged offense "may have been affected by mental disease or defect," and that evaluation is needed to determine her mental state at the time of the offense and her competency to stand trial.

The motion asks the court to appoint a physician to also evaluate any mitigating factors related to Bundick's history, character or mental condition and include an assessment of "future dangerousness."

Police have said they believe Bundick, 40, and fiance Charles R. Smith III, also known as Charles Applegate, 38, are responsible for a majority of the 77 arsons set in the county since November.

Both are charged with one count of arson and one count of conspiracy to commit arson, felonies, in connection with an April 1 fire in Melfa. Additional charges are expected.

Smith's attorney last week filed a motion to suppress evidence taken "during a warrantless seizure and search" the night of Smith's arrest, including observations, test results and statements Smith made.

That motion claims there was no probable cause for Smith's arrest and that interrogation began before Smith was read his Miranda rights. It also claims Smith's search and seizure violated his Fourth, Fifth and Sixth Amendment rights.


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