New details of the officer-involved shooting in Front Royal last month were shared in court Tuesday during a bond request that was denied for one of the suspects and an extradition hearing for another facing a murder charge in Maryland.
Darius Coleman-Galloway, 32, remains held without bond at Rappahannock-Shenandoah-Warren Regional Jail after his attorney, Eric Wiseley of Front Royal, argued for a $20,000 bond to release him ahead of the Aug. 11 preliminary hearing in the case.
Coleman-Galloway is charged with conspiracy to possess with the intention to distribute, manufacture or sell a Schedule I or II substance and assault on a law enforcement officer.
He is accused of driving a car with Donate Glen, 26, in the back seat, and Everrett, Schwartz, 31, in the passenger seat, toward members of the Northwest Virginia Regional Drug and Gang Task Force on March 11 during an undercover narcotics operation. Five members of the task force fired their weapons at the car as it headed toward them, according to state police.
New details of how the incident unfolded were shared in Warren County General District Court by Commonwealth Attorney John Bell during his argument against the bond for Coleman-Galloway. The operation was arranged after an investigator with the Task Force made a deal with Schwartz through Facebook Messenger to buy the narcotics, Bell said.
About $3,000 in 200 capsules containing fentanyl were arranged to be sold to the undercover investigators in the 9800 block of Winchester Road, according to the criminal complaint filed against all three men. Police converged on the vehicle the three defendants were in at the pre-arranged location with two police cars coming together in front of the suspects, Bell said.
Coleman-Galloway drove off, flooring it between police cruisers, and an investigator with the Frederick County Sheriff's Office was "bounced" off the window and hood of a car, Bell said. The investigator received minor injuries, state police previously said.
After the investigator bounced off the car, shots were fired from police toward the suspect vehicle, which headed toward a hotel in the area, Bell said. The vehicle then headed back before driving up an embankment and coming to a stop, Bell said. Schwartz was shot in the leg as a result of the gunfire, Bell said.
An additional charge of possession with intent to distribute is forthcoming against Coleman-Galloway after a second search of the suspect's vehicle uncovered a substantial amount of narcotics in its roof, Bell said. All three suspects have been charged with possession with intent to distribute a Schedule I or II substance, state police Sgt. Brent Coffey confirmed by email Wednesday.
Schwartz and Glen, who is also known as Tyrone Baldwin, are being held without bond at the Rappahannock-Shenandoah-Warren Regional Jail.
Judge Dale Houff, in making his decision, said he normally wouldn’t have had the defendant’s criminal record used against him, but the fact that the family he would be staying with and had been staying with was unaware of Coleman-Galloway's criminal history, concerned him. Houff also said the nature of the charges Coleman-Galloway is facing led him to conclude the defendant is a danger to the public and the defendant had no ties to the community.
Coleman-Galloway's grandmother, his sister, a disabled veteran whom he has helped in the past, and the mother of his daughter, who said he saw his child every day, testified during the hearing. Wiseley cited the absence of weapons in the car in his argument. Coleman-Galloway perhaps being unaware of any drugs in the car and driving away from officers because he was scared of what was happening, were also among his arguments for why the defendant should be eligible for bond.
Wiseley also argued that the preliminary hearing for Coleman-Galloway is scheduled for August and that his client's record consisted of charges that were mostly nolle prosequi. Nolle prosequi is a legal term meaning prosecutors are not pursuing the charge but may bring them back within a certain time period. Bell acknowledged the lengthy time frame for the hearing. If lab results are returned sooner than expected, Bell said he would be willing to expedite the hearing date.
Schwartz had an extradition hearing for charges relating to a fatal shooting in Baltimore on Feb. 1 scheduled for Wednesday morning, but it was continued to June 2. His attorney, Howard Manheimer, said his client was not waiving extradition and argued there may be a different procedure under the Interstate Agreement on Detainers, or IAD, rather than a traditional extradition process.
Schwartz is also due in court at 2 p.m. Aug. 11 for a charge of conspiracy to possess with the intent to distribute, manufacture, and sell a schedule I or II substance.
Glen, who is facing a charge of conspiracy to possess with the intent to distribute, manufacture, or sell a Schedule I or II substance, and several fraud charges, is due in court on June 15. His attorney is David Crump Jr.
An order agreed to by Crump and Bell in the case files states that Glen was committed to a psychiatric facility and that he had previously been acquitted on a charge of fraud by reason of insanity. The court ordered that a competency evaluation, and an evaluation of sanity at the time of the offense, be conducted. But the order had not been signed by a judge as of Wednesday morning.