VA Overpass Accident
| Submitted | April 26, 2023 |
| Est. Completion | June 2, 2023 |
MuckRock users can file, duplicate, track, and share public records requests like this one. Learn more.
Communications
From: Patrick Wells
To Whom It May Concern:
Pursuant to the Virginia Freedom of Information Act, I hereby request the following records:
I am seeking any and all documents, reports, photographs, audio recordings, and video recordings pertaining to the following incident:
Date of incident: October 28, 2017
Location of incident: Interstate 66 at Cedar Ln overpass
Victim's name: Marisa Harris
The incident involved an individual who either jumped or fell off an overpass, hitting a car on the freeway below and killing the driver, Marisa Harris. The incident was investigated by the Virginia State Police and details were forwarded to your office.
I assert that the records requested should be considered noncriminal records, noting that no criminal charges were filed. Additionally, no crime appears to have even allegedly occurred to have been investigated. Va. Code Ann. § 2.2-3706 allows for withholding only "identifying information of a personal, medical, or financial nature where the release of such information would jeopardize the safety or privacy of any person" in noncriminal records. It should be noted that many of the details of the incident have already been widely reported in the media.
I will also assert that while Va. Code Ann. § 2.2-3706 mandates the release of unattended death records to certain family members or next of kin, nothing in the statute prohibits or otherwise restricts access of these records to the public.
In the event that there are fees, 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. When the records are ready, I will provide a link to a cloud-based service where the records may be easily uploaded.
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.
Sincerely,
Tom Nash, a citizen of Virginia, in coordination with Patrick Wells.
From: Fairfax County Commonwealth Attorney
Muckrock News,
As the FOIA Officer I am writing to inform you the Fairfax Commonwealth Attorney's office is in receipt of your FOIA request dated April 26, 2023, received by this office on Tuesday May 17, 2023. Pursuant to Virginia Code § 2.2-3704(B) we shall provide a response to your request within 5 working days, on or before Tuesday May 23, 2023.
Thank you.
Kyle Mandelbaum
Assistant Commonwealth Attorney
Fairfax County Commonwealth's Attorney Steve Descano<https://www.fairfaxcounty.gov/commonwealthattorney/>
4110 Chain Bridge Road, Suite 114
Fairfax, Virginia 22030
Cell: (571) 396-2413
From: Fairfax County Commonwealth Attorney
From: Mandelbaum, Chaim <Chaim.Mandelbaum@fairfaxcounty.gov>
Sent: Tuesday, May 23, 2023 4:17 PM
To: Mandelbaum, Chaim <Chaim.Mandelbaum@fairfaxcounty.gov>
Subject: RE: Virginia FOIA Request
Muckrock News,
As the FOIA Officer I am writing in response to your April 26, 2023 Freedom of Information Act request, received by this office May 17, 2023, to inform you the Fairfax Commonwealth Attorney's Office has determined that pursuant to Virginia Code § 2.2-3704 (B)(4) it is not practically possible to provide the requested records within the five-work-day period. This is due to the need to search past case files and emails for records which are not connected to any criminal case, as well as this offices' need to process other Freedom of Information Act requests received prior to the one you submitted. As a result, this office has determined it will invoke its statutory right pursuant to Virginia Code § 2.2-3704 (B)(4) to utilize an additional seven work days in order to fully respond to your request. This office shall provide a response to your request on or by Friday, June 2, 2023.
If you have any questions or concerns please feel free to let me know.
Thank you.
Kyle Mandelbaum
Assistant Commonwealth Attorney
Fairfax County Commonwealth's Attorney Steve Descano<https://www.fairfaxcounty.gov/commonwealthattorney/>
4110 Chain Bridge Road, Suite 114
Fairfax, Virginia 22030
Cell: (571) 396-2413
From: Mandelbaum, Chaim
Sent: Wednesday, May 17, 2023 10:07 AM
To: requests@muckrock.com<mailto:requests@muckrock.com>
Subject: Virginia FOIA Request
Muckrock News,
As the FOIA Officer I am writing to inform you the Fairfax Commonwealth Attorney's office is in receipt of your FOIA request dated April 26, 2023, received by this office on Tuesday May 17, 2023. Pursuant to Virginia Code § 2.2-3704(B) we shall provide a response to your request within 5 working days, on or before Tuesday May 23, 2023.
Thank you.
Kyle Mandelbaum
Assistant Commonwealth Attorney
Fairfax County Commonwealth's Attorney Steve Descano<https://www.fairfaxcounty.gov/commonwealthattorney/>
4110 Chain Bridge Road, Suite 114
Fairfax, Virginia 22030
Cell: (571) 396-2413
From: Fairfax County Commonwealth Attorney
Muckrock News,
Please see the attached final response to your April 26, 2023 Freedom of Information Act request, received by this office May 17, 2023.
Thank you
Kyle Mandelbaum
Assistant Commonwealth Attorney
Fairfax County Commonwealth's Attorney Steve Descano<https://www.fairfaxcounty.gov/commonwealthattorney/>
4110 Chain Bridge Road, Suite 114
Fairfax, Virginia 22030
Cell: (571) 396-2413
Files
pages