FOR IMMEDIATE RELEASE:
January 10, 2013
Contact: Heather F. Williamson
Commonwealth’s Attorney’s Office
20 East Market Street
Leesburg, VA 20176-2809
STERLING MAN CONVICTED OF ASSAULTING SHERIFF’S DEPUTY
LOUDOUN JURY RECOMMENDS FOUR YEAR PRISON SENTENCE
LEESBURG, Virginia – January 9, 2013. A Loudoun County jury deliberated until nearly 11:00 p.m. before finding Mitchell Edward Arterberry III, 25, guilty of Assault and Battery on a Law Enforcement Officer. The jury fixed his punishment at four years in prison.
The incident occurred in the early morning hours of July 10, 2012, when Loudoun County Sheriff’s Deputies responded to a call advising that Arterberry and a female were arguing outside a residence in Sterling, causing a disturbance in the neighborhood. Upon their arrival, deputies observed Arterberry to be intoxicated and extremely agitated. Arterberry continued to yell and became combative with law enforcement as they tried to deescalate the situation. Following Arterberry’s arrest, the deputy transporting Arterberry to the Magistrate’s Office had to pull over and request additional backup to secure Arterberry in leg restraints because he was kicking and screaming inside the Deputy’s vehicle, creating unsafe driving conditions. The deputy was then forced to pull over a second time, request backup, and re-secure Arterberry who had broken free from his leg restraints. It was during this second stop that Arterberry continued to resist and in the process kicked the deputy in the groin, causing him to fall to the ground.
Arterberry’s prior criminal history dates back to 2006 and includes convictions for: Disorderly Conduct, Possession of Marijuana, Possession of Drug Paraphernalia, and multiple convictions for Assault and Battery, Public Intoxication, and Driving While Intoxicated.
“Law enforcement officers perform a dangerous job every day. They protect our community and help keep our citizens safe, and these laws are in place to protect them. Those individuals who choose to escalate situations without cause and unnecessarily harm our Deputies need to be held accountable for their actions” said Commonwealth’s Attorney Jim Plowman. “The jury spoke for the community by recommending a four year prison term, which highlights how seriously we as a community wish to protect those that keep us safe.”
The case is currently scheduled for April 10, 2013 in the Loudoun County Circuit Court where a final sentencing hearing will be conducted before the Hon. Judge J. Howe Brown, Jr., who presided over the trial. Under Virginia law a judge may reduce a jury sentence providing written reasons therefore, but may not increase a jury sentence. Arterberry also has two pending charges for Violation of a Protective Order and potentially faces re-imposition of previously suspended jail time for Driving While Intoxicated, 2nd Offense and Domestic Assault and Battery charges in Loudoun County. Arterberry remains held without bond at the Loudoun County Adult Detention Center.