The case against the former Charlottesville television meteorologist accused of extorting men for sex appeared close to collapsing Thursday. While the prosecution of Josh Fitzpatrick was dropped, or “nol prossed,” in Albemarle County General District Court, it could soon reemerge in circuit court.
“Could this case be made to a grand jury?” asked Judge Matthew Quatrara.
“Of course, your honor,” replied Deputy Commonwealth’s Attorney Lawton Tufts.
With that, the judge approved Tufts’ motion to temporarily halt the case to give the prosecution more time to compile its evidence.
The move set Fitzpatrick free. Earlier he had been jailed then freed on a bail condition of living with his mother near Gallipolis, Ohio, and staying away from the internet, computers and smart phones.
The 43-year-old defendant had been charged with one felony and three misdemeanor counts over allegations that he made surreptitious videos of himself having sex with men and later threatened them with disclosure if they declined further sexual encounters. He faces up to 10 years in prison if convicted of the felony.
Having served as an on-air meteorologist at 29News, previously NBC29, from late 2017 to shortly before his springtime arrest, Fitzpatrick had been a familiar face on the Charlottesville airwaves. Shortly before the revelations, Fitzpatrick was offering guided tours to Ireland and the American Southwest, both listed on the Holiday Tours travel company website. The 10-day tour of Utah and Arizona, priced at $5,299, remains advertised as starting Oct. 11 but marked as “sold out.” The Daily Progress’ effort to get a comment from Holiday Tours was not successful.
In court Thursday, Fitzpatrick wore a royal blue necktie and a dark suit. His mother, Nokey Foster, sat at his side in the gallery before he was summoned to the defense table.
Thursday’s hearing had been slated as a preliminary, one in which the defense gets to hear some of the evidence and the judge decides if such evidence suffices to move the case to a higher court.
“We’re prepared to have a preliminary hearing today,” said Fitzpatrick’s attorney, Jessica Phillips, opposing the nolle prosequi motion.
Tufts offered multiple reasons for the commonwealth’s motion: the complexity of the case, a delay in the forensic analysis of Fitzpatrick’s devices and a key victim’s reluctance to testify.
“At some point the victim’s going to have to testify,” countered Phillips.
The defense attorney also complained of the time that has elapsed since her client’s April 22 arrest.
“We’re now sitting in late September, nine months later, without a full analysis of his phone,” Phillips said.
Tufts, in an effort to stave off dismissal for failure to present the case Thursday, replied that any good reason should allow a judge to dismiss a case.
The judge began staring intently at his computer and poring through legal documents. Save for the whispers of a pair of local television reporters, the gallery was quiet as the often jocular judge went silent.
Five minutes passed without a word. Finally, Quatrara asked Tufts when he informed the defense of his wish to halt prosecution. Last Friday was the answer. Then the judge transmitted the text of some case law onto courtroom video screens and recessed the proceeding for about a minute.
After the judge returned and mentioned a precedential case in which a prosecutor tried to drop their prosecution as a proverbial “sword,” Tufts decided fall on a sword of his own.
“It’s not that the police don’t have their stuff together,” he told the judge. “It’s just that this case is complicated. I place it on myself.”
The judge agreed to the nolle prosequi motion.
“Mr. Fitzpatrick,” said the judge, “you’re free to go.”
For now anyway. Tufts told the court at the outset that he might seek a direct indictment in the circuit court. No date has been announced for that.
Both Fitzpatrick and his mother declined a Daily Progress interview request afterward.
Hawes Spencer (434) 960-9343
hspencer@dailyprogress.com
@HawesSpencer on X
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