BOTH Bundick and Smith Will Undergo Psychological Testing

Written by: Linda Cicoiro
Eastern Shore Post
More papers were filed in Accomack courts this week regarding a Hopeton couple suspected of setting most of the nearly 80 arsons in the county. 

Judge Gordon Vincent of Accomack General District Court granted a motion that both Tonya Susan Bundick, 40, and her fiancé Charles Robert Smith III, also known as Charles Applegate, 38, of Matthews Road undergo psychological testing.

Court documents show “competency evaluations” to determine if the defendants lack “substantial capacity to understand the proceedings” or to assist in their defense will be conducted by
  Dr. David Keenan of Norfolk.

“Sanity at the time of the offense” also will be evaluated, according to the court order.  That includes whether Smith and Bundick
had significant mental disease or defect, which rendered them insane at the time of the offense. “If further evaluation on this issue is necessary, the evaluator shall so state,” the court file notes.

 
Keenan will see Bundick and Smith on an outpatient basis at the Accomack Jail, where they are both being held without bond. Keenan must report back in 30 days.

The couple was charged with arson and conspiracy to commit arson on April 1 at a house being renovated on Airport Drive in Melfa. Police allege Bundick was driving a van near the site and dropped
 Smith off there.  Police claim that  Smith then was observed setting a fire and getting back in the vehicle with Bundick.

According to court documents, Smith confessed to police that he set 52 fires. He allegedly said Bundick set 15 blazes. A search warrant alleged that Smith also admitted to spraying
graffiti in the Parksley area.

 First a magistrate and then Vincent denied bond for the two. Both have asked to appeal the decisions in the circuit court.

It is also being argued that evidence should be suppressed since there was“no probable cause or lawful basis after the initial seizure
to continue (with)“breath analysis or other test.”  Defense counsel wrote, “No voluntary consent” existed and any “alleged consent would have been during the course and product of  an illegal detention and seizure of the defendant’s person.” No probable cause existed for the defendant’s arrest, the lawyer argued.
“Miranda warnings were not given in this case.”

Papers filed for Smith state that he is “likely to obstruct or attempt to obstruct justice or threaten, injure or intimidate or attempt to
 threaten, injure or intimidate a prospective witness, juror or victim.”


In Smith’s file, Gordon specificallydenied a request that the psychological evaluation include “mitigating factorsrelated to the
defendant’s history,character or mental condition to include
an assessment to the extent possible of future dangerousness.”


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