|Submitted||Aug. 25, 2013|
MuckRock users can file, duplicate, track, and share public records requests like this one. Learn more.
To Whom It May Concern:
Under the Virginia Freedom of Information Act, §2.2-3704 et seq., I am requesting an opportunity to inspect or obtain copies of public records that refer to Edmund F Langevin, III. Langevin is a licensed bail bondsman who is known to have shot a client who was attempting to flee. News reports say the client was unarmed. I would like to review all documents that relate to Mr. Langevin and any investigations the police department has conducted regarding him. I am not sure whether Mr. Langevin was ever arrested, but if he was, I would like to review those records as well.
Please note that 9-11 tapes qualify as public records per a. Code Ann. § 2.2-3706.(A), (B).
I am a citizen of Virginia.
If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.
I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.
In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Attached you will find the response to your recent Virginia FOIA request made to the Chesapeake Police Department for records relating to Mr. Edmund Langevin, III. If I can be of further assistance, please let me know.
This request was submitted by David Pardo, a resident of Virginia. Please clarify why the request was rejected on residency grounds.
The residency exemption was used due to the fact that your return address in your request was given as Boston, MA and not a Virginia address. Please also note that the other exemption cited was for criminal investigative material which FOIA extends the exemption to disclosure in perpetuity.
If I can answer any more questions you may have, please let me know.
The Virginia address is:
4854 Eisenhower Avenue, Unit 447
Alexandria, VA 22304
As I understand the Virginia public records statute, the exemption you cite applies only to active investigations. Further, the component of the request for 911 tapes requires a separate exemption altogether.
Please review this request again, and clarify the invoked exemptions, as I do not believe they are applicable to this present request for information.