[Archived] City Resident Indicted for Reckless Driving in Vehicular Death Case

For Immediate Release: February 24, 2020

On, February 10, 2020, the Grand Jury for the City of Alexandria returned an indictment related to the death of John Charles Thompson, a 75-year-old non-city resident.

Kenneth Whitcomb, a 62-year-old Alexandria resident, was charged with Reckless Driving-Misdemeanor and Failure to Yield to a Pedestrian.  These charges arose from a collision that occurred on November 16, 2019, in the 3100 block of Duke Street.  Mr. Thompson was walking across Duke Street when he was struck by a vehicle operated by Mr. Whitcomb.  Mr. Thompson was hospitalized after the crash and succumbed to his injuries on the morning of November 16, 2019. Reckless Driving is a class 1 misdemeanor, punishable by up to 12 months in jail and/or a $2500 fine, plus a license suspension of not more than 6 months. Failure to Yield to a Pedestrian is a traffic citation punishable by a fine of not more than $500.

Commonwealth's Attorney Bryan Porter said: "Given Virginia law, Reckless Driving is the most serious charge that could be lodged in this matter. The driver remained at the scene and cooperated with the investigation, his driver’s license was valid, and he was not under the influence of intoxicants. Therefore, the appropriate charge is reckless driving."

Rule 3.6 of the Virginia State Bar's Rules of Professional Conduct for Attorneys states, in pertinent part: "A lawyer participating in or associated with the… prosecution … of a criminal matter that may be tried to a jury shall not make or participate in making an extrajudicial statement… that the lawyer knows, or should know, will have a substantial likelihood of interfering with the fairness of a trial by jury." Therefore, the Commonwealth is prohibited from discussing the evidence, its trial strategy, or its work product prior to trial or plea in this case.