To avoid a potential conflict of interest, Winchester Commonwealth’s Attorney Heather Hovermale referred the subsequent investigation to the Fauquier Commonwealth’s Attorney, Scott Hook. On April 10, Commonwealth’s Attorney Hook released the following statement regarding the investigation:
“Before reaching my decision, I reviewed the various videos (civilian and police department), relevant caselaw, and the Winchester Police Department's General Orders as they apply to the use of force. Ultimately, I have determined that there is no criminal liability for Officer Gilcrest. I've based my decision on the following:
On the day in question, Ofc. Gilcrest was called out to the Valley Drive Sheetz for a matter unrelated to the suspect in this case. While at Sheetz, the officer was directed by an employee to a man in front of the building. The man, later determined to be Robert Rampey, was drinking beer in public at one of the picnic tables. Ofc. Gilcrest approached Rampey and attempted to resolve the situation with verbal commands to stop drinking and to provide his ID. Rampey handed over his ID and stated he was a "Marshall" for the court, specifically for Judge Mary Daniels. After the suspect continued to drink his beer, Ofc. Gilcrest attempted to detain the suspect with minimal force (he held Rampey's arm and asked him to turn around). The suspect refused to cooperate, and Ofc. Gilcrest continued to use minimal force and verbal commands in an attempt to gain compliance.
When the suspect stated he was leaving, only then did Ofc. Gilcrest raise his level of force to direct the suspect to the ground. Rampey continued to be noncompliant, physically resisted the commands of Ofc. Gilcrest, and was trying to maneuver away from the officer. Ofc. Gilcrest, consistent with General Order 2 - 4, used two distracting blows to gain compliance, but it did not work. Only after the suspect began to reach towards a zipper on his bookbag did Ofc. Gilcrest use the taser. Ofc. Gilcrest gave the suspect multiple chances to comply before using his taser.
During this encounter, Ofc. Gilcrest's actions were always measured, and he did not display any anger or hostility towards the suspect. Ultimately, in a search incident to arrest, two dirk style knives were found in the suspect's bookbag. At this time, I will be closing this investigation.”
WPD Police Chief Ronnie Lewis has directed an administrative review of this matter, separate from Fauquier Commonwealth’s Attorney office’s investigation. The administrative review will examine Officer Gilcrest's actions and determine whether they complied with WPD General Orders. It will also identify any training or equipment needs for WPD. WPD will provide further updates when the administrative review is complete.
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