Prosecutor Drops Felony Charges Against JCC Zoning Official

By Desiree Parker Friday, July 08, 2011

The Williamsburg-James City County Commonwealth’s Attorney’s office said Thursday it will not pursue a case against James City County Zoning Administrator Melissa Brown on seven felony counts after her husband shared more information regarding the case.

Brown appeared in General District Court with her attorney, State Sen. Thomas Norment, as retired Judge J.R. Zepkin confirmed that he agreed with the commonwealth's decision to drop the charges. General District Court Judge Colleen Killilea was off for the day.

At the end of May, police charged Brown with seven felonies based on allegations that she forged her husband’s signature on two bounced checks. The county subsequently suspended Brown with pay pending the outcome of an internal investigation (read a previous story here). At Thursday's hearing, the prosecutor told the court it wouldn’t pursue the case because the bank had produced an affidavit from Brown’s husband saying that she had permission to sign his name.

Brown cashed two checks at a Lightfoot SunTrust branch in January from her husband’s business account, James City County police spokesman Major Steve Rubino said in May. The checks, for $850 and $2,000, respectively, both bounced. Brown also cashed a check on a personal account that had insufficient funds during the same time, police said.

Police did not release Brown’s husband’s name or the name of his business. Over the course of the investigation, Brown’s husband told police he had not signed the checks in question, Rubino said. At the time, he did not tell police he had given his wife permission to sign his name.

The bank tried to resolve the issue but couldn’t, so they involved police in April. Police contacted Brown, who said she was working on resolving the issue. When she failed to do so, police obtained a warrant for her arrest on seven counts of forgery and uttering (using a forged document).

Norment said Brown “is relieved this ordeal involving miscommunication with her husband on his business account that she was authorized to sign on is over,” and “she is appreciative of the Commonwealth’s Attorney’s patience and fairness.”

In May, when news of the charges was announced, James City County Administrator Robert Middaugh said the alleged offenses were “poor decision-making on her part.” They affect Brown’s job performance, he said, because there is “a trust issue in a person of authority. That’s what’s troubling.” County residents and staff “need to have faith she will make the right choices… and the right legal choices.”

Middaugh said Thursday that he plans to meet with Brown and Development Management Manager Steven Hicks Friday to “talk about how to conclude the personnel action and investigation.”

Though Middaugh said he can’t discuss details relating to personnel matters, he said the county may have more information Friday.

Brown, Norment said, “looks forward to getting back to work.”