Arson Trial Continues Today In Virginia Beach

Bundick

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Smith testifies in Bundick Trial

In Virginia Beach Circuit Court room number nine Tonya Bundick's trial began Monday.

Commonwealth's attorney Gary Agar explained in his opening statement to the jury that this case was about the burning of a structure in whole or part worth more than $200. He then explained that the conspiracy charge meant that there was an agreement with another and that he would present evidence to both facts including phone records from three cell phones belonging to the co defendant.

Smith

Mr. Allen Zaleski, Ms. Bundick's defense attorney, explained to the jury in his opening remarks that Tonya and Charles Smith lived together in Parksley for approximately 2 years, that Ms. Bundick had two young children ages 11 and 13. Mr. Smith, with 20-30 felony convictions before the arson charges, had been in jail between eight and eight and a half years. He quoted Mr. Smith saying that he could not stand the thought of her being out of prison and him being in prison and he presented letters to Ms. Bundick to that effect.

The first witness was Mr. Claude Henry of Virginia Beach who is the owner of the Melfa property burned on April 1, 2013. Mr. Henry for some length of time had been in the process of remodeling this building with new windows and a new roof. He's owned this property for about six years.

Witness number two was Mr. Willie Burke a Virginia state trooper of nine years who explained that he and one other trooper were on stakeout at site number six on the night of April 1, 2013, him working a portable radio furnished by Accomack County Sheriff's Department and the second officer working the night vision glasses, which were needed because they didn't start the stakeout until approximately 8 PM. Trooper Burke testified that on or about 11:30 on April 1 they observed a man jumping from a minivan at a dead run and running towards the dwelling at 19322 Airport Rd. in Melfa. Seeing the person, now identified as Mr. Smith, stuff a shop rag at the edge of the back door and striking it several times to start the fire. Upon completion of starting the fire Mr. Smith ran back to Airport Road again at a dead run and jumped into the minivan which had made a U-turn somewhere and was again headed towards route 13. Trooper Johnson with the night vision goggles was able to see clearly and his and officer Burke's job was to relay on the radio to the other officers and Deputies in the area what was going on. While chasing Mr. Smith from the house back towards Airport Road they observed him getting in the minivan which stopped at the red light at the Melfa intersection where a County Sheriff's car was directly behind the van at the light. On cross-examination trooper Burke confirmed that he did not see any cell phone calls or cell phones.

Trooper Johnson was the next witness who testified he was operating the night goggles from within a small two-man tent approximately 50 yards from the back door of the unoccupied home. Repeating most if not all of trooper Burkes testimony. He also testified that did not see any cell phones or see anyone make any cell phone call.

The next witness, Mr. Brandon Patterson, a Lieutenant in the Melfa fire Department, testified that the fire department at approximately 11:48 PM received the page which they responded to and arrived at the scene at 11:54 PM the extinguishing the remaining fire that the troopers had tried to put out with two extinguishers.

Sargeant Wayne Greer of the Accomack County Sheriff's Department testified that he arrived on the scene coming from Redwood Road which would have been a left turn onto Airport Road. Mr. Greer went on to say that he followed the van that the officers had described on the radio to the Melfa stoplight and that once it turned green and the Van turned left going north on Highway 13 he turned on his lights and siren making the stop approximately 200 yards northbound of the Melfa stoplight on the right-hand shoulder. When he got out of his car he observed that the passenger door was open and the person now known as Charles Smith was stepping out and immediately surrendered.

State police officer Martin Kriz was located at site seven, east of Highway 13 but on Highway 13 as a result of the radio calls, had stopped his vehicle and assisted Mr. Greer by arresting Ms. Bundick. Kriz transported Ms. Bundick to the Exmore Police Department after removing chop sticks from her bra.

Accomack County Sheriff Todd Godwin arrived at the stop along Highway 13 moments after the arrest was made and accompanied investigator Barnes to the interview in the Exmore Police Department which lasted approximately 4 hours. Godwin acknowledged he had known Mr. Smith for many years and was aware he had a record of drugs, bad checks, and larceny.

Mr. Avram Polinski, the custody of records person for Verizon, was the next witness explaining that from two Trac- phones there were three calls made, one of five second, the second one six seconds, and the third of 154 seconds.

Mr. Charles Smith, Bundick's accomplice, was then called to the stand. He testified that Ms. Bundick was his fiancée and that he still loved her and their family. He admitted to approximately 30 felonies including breaking and entering and burglary all of which he had pleaded guilty to years ago. He also admitted that he had pleaded guilty to 67 charges of arson and one charge of conspiracy he committed with Ms. Tonya Bundick the defendant in this case. When asked by Mr. Agar how this got started he replied on a bad night Ms. Bundick suggested they burn a vacant building and that at both the first and second fire she was the fire starter. He explained that she was almost caught and because he loved her he said to her "if we are going to do this I will start the fires so she would not be harmed." In addition to being almost caught, she was cut up in escaping from that scene. Smith testified that he believed that he set the balance of the fires while Ms. Bundick was the driver.

The case was continued until Tuesday January 14, at 9 AM.

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