Amherst County Commonwealth’s Attorney Lye Carver is looking to secure a third term and local attorney Rich Gilman seeks to unseat him in the Nov. 7 election. Both attorneys each are making their cases to voters on why they should assume the county’s chief prosecutor role for the next four years.
Carver, the county’s commonwealth’s attorney since mid-2015, won two previous uncontested races and has 15 years experience as a county prosecutor. A Florida native who was among Liberty University School of Law’s second class, Carver oversees an office of 10 employees, including several other attorneys, two victim advocates and three administrative staff.
Gilman, who was raised in an Indiana county similar to Amherst, has lived in Central Virginia for 34 years and recently moved to the county. He formerly ran a health care company and currently is senior partner for Day Law Group in Lynchburg where he said he works mainly in civil litigation.
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Carver, who narrowly won the Amherst County Republicans’ endorsement by six votes over Gilman at a May meeting, has said “experience matters” during his campaign. Gilman said he has argued in Amherst County’s three levels of court and has appeared before the Virginia Supreme Court, Virginia Court of Appeals and circuit courts in other parts of the state.
The Amherst County Commonwealth Attorney’s Office prosecutes felonies and misdemeanors and also assists the county government with building code violations, littering offenses and health-department related issues.
Both candidates weighed in on issues and platforms ahead of the election. Responses below came from a Sept. 12 forum in Madison Heights and questions from the New Era-Progress.
What is your top priority as Commonwealth’s Attorney?
Carver
Carver: “…The timely and efficient administration of justice. It’s what my office has strived to do for these last eight years I have been commonwealth’s attorney and 15 years that I’ve been in the office. We have hundreds of cases at any given moment and so our job within the office is to remember that even if we have hundreds of cases, each of those individual cases represents people and each of the people — it’s likely going to be the most important things in their lives at the time. So we have to take every case seriously and do our best for victims, for our community and just work to see that justice is attained. Our job is to bring cases forward to trial…We take them from there to the trial process. That’s my priority, to continue that and to work with law enforcement to make sure our community is a safer place and victims are protected and taken care of.”
Rich Gilman
Gilman: “…We have some serious problems within this county. We have a huge drug problem. Meth is on our streets in a quantity we’ve not seen before. We have, if you talk to public safety, fentanyl — the number of overdoses and deaths within this community are on the rise. We have several unprosecuted murders that have taken place and we have a system within the law enforcement community in which there is a catch-and-release — I believe that we are overusing plea bargaining within the commonwealth’s office at this point…My first job would be Day 1, change the culture so that we are doing away with that catch-and-release program, that we are holding criminals’ feet to the fire. I would always be personally prosecuting every single case what we would do that is serious — drug cases, violent crime cases and cases against children. There would be no plea bargaining…I would be at my desk at 6:30 in the morning, I would probably be the one to turn off the lights at night, because I believe that it is very important that my job is to serve you. I would be doing it in a way that is transparent and honest. We would protect the victims and we would also increase the safety of this community.”
Why are you running for Commonwealth’s Attorney?
Carver: “I am running to continue seeking justice for victims of crime in Amherst County. I want to continue building the strong team we have at the Commonwealth Attorney’s Office. I’m here to serve the citizens of Amherst County. I started as an intern in the Amherst Commonwealth Attorney’s Office in 2007 while I was in my third year of law school at Liberty University. I have spent over 15 years prosecuting cases in this county and that experience is priceless. I love Amherst County and I will do my best every day to seek justice for the citizens of this county. This is my home! My wife grew up here. My kids have grown up here and I’ve given the last 16 years of my life to Amherst County.”
Gilman: “I was getting approached by neighbors, and even members of the legal and law enforcement community, relaying many of their concerns in Amherst County. Looking into it, I did find many of their concerns were valid, as well as crime rates in Amherst County have risen disproportionately, particularly in violent crime and narcotic offenses. I never had political aspirations, but I became a lawyer to help people and if you have the ability to help, then you have the responsibility to step up and do so. I’m running because the prosecution of crime is not working, needs to improve, and needs new leadership and insights to do so. The justice system isn’t perfect, but when our community’s safety is on the line, it becomes imperative for me to challenge the status quo and offer something better to Amherst County.”
The court docket regularly has drug cases. What is your approach to prosecuting drug-related offenses and what is your message to the community in that area?
Carver: “Drug use is rampant nationwide. Sadly, Amherst County is no exception. Drug addiction is a serious problem, and it fuels a high percentage of the overall crime in a community. My approach is to prioritize aggressively prosecuting the drug dealers. Law enforcement and prosecution can make the strongest impact at the supply level. Drug users are also prosecuted but the system generally is built around rehabilitating the user when possible. A charge of drug possession is often taken under advisement as a first offense or when it results in a conviction it will end in supervised probation more often than active incarceration. All illegal drugs present problems but fentanyl is the biggest current problem we face. The overdoses from fentanyl far outweigh other drugs.”
Gilman: “As prosecutors, we are somewhat limited and guided in what and how we prosecute when it comes to drug-related offenses. There are predefined classes, sentencing guidelines, pre-established First Time Offenders Program, and other parameters for any Virginia prosecutor. Cases involving manufacturing, distribution, etc., particularly for repeat offenders, should be handled in a manner that clearly shows that leniency is not an option as to stop the proliferation of drugs flooding the streets, and the Commonwealth Attorney’s Office will recommend higher penalties for the judge’s consideration. This is also where strong coordination with law enforcement is imperative.
As a constitutional officer, the Commonwealth’s Attorney must enforce the laws of the commonwealth. That being said, outside of the First Time Offenders program, each case must be viewed as what will be best for the community and individual within the confines of the law. There are situations where mental health programs and counseling should also be considered. On top of that, the Commonwealth’s Attorney should be working closely with community organizations and educational groups to offer other addiction services and educational programs to help stem the need for future drug prosecutions.
With the above said, it is my intention to remove the current culture of plea dealing of serious drug crimes, violent crimes, and crimes against children. I believe it is time to take a strong stand against these crimes, again. By doing so, the Commonwealth Attorney’s office, along with law enforcement, can make a significant impact on community safety and directly have a positive effect on citizen’s life.”
For young first-time offenders for non-violent crime, what is your perspective on second chances?
Carver: “The way the system works is that many of these things are built into what we do. For example, drug cases — there already is a first-offender program. So the first time someone gets caught with drugs … they have potential to go through the system as a first offender — which means they will be put on probation for a year, they’ll have to do community service and be on good behavior. If they successfully complete that at the end of the year and they’ll be found not guilty and the charge will be dismissed. It stays on their record so they won’t do it again…Drugs are a very serious problem. We deal with a high volume of drug cases … With juveniles, the goal is to rehabilitate, the goal is to get them through the system and not hamper them with convictions but they have to step up and earn their way out. Families have to be involved, the schools have to be involved, juvenile probation is involved, there’s a lot of organizations — sometimes it’s mental health treatment, sometimes with juveniles it’s even substance abuse treatment. We also have the ability now … we can take things under advisement — they can be dismissed at the end and we can fashion conditions that someone would have to meet to protect juvenile offenders … Sentencing guidelines also factor in…one of the features of them is they do factor in if someone does not have a criminal history.”
Gilman: “…You are going to have young people and sometimes older people that are coming in for the first time and for whatever reason, they have made a stupid mistake, a miscalculation, and I think we need to take those case by case and work with them … for ways of making them facing the consequences they need to face.”
What do you tell people who feel the justice system doesn’t work for them or who voice criticism to you directly, particularly about results they feel they are not satisfied with?
Carver: “Life is full of frustrations and the criminal justice system is no exception. I believe we have the greatest system in the world, but it is still far from perfect. Pretrial, I spend time talking to victims about what to expect on their case and I will talk to them after the conclusion of their case and answer questions. Frustrations are almost automatic because if you are a victim, no matter what punishment I can obtain from the court, I cannot undue the original hurt.
“Often, we blame the system, blame first and foremost belongs on the offender. I also work with two amazing victim advocates who are empathetic to our victims and help walk them through the entire process. I’m bound by what the law is and not what I may want it to be. My job is to pursue the truth and follow the evidence where it leads. This requires diligence and experience.”
Gilman: “The judicial system is adversarial in nature so it’s very rare to come out of any case where everyone involved is completely happy or satisfied. This is doubly so in the prosecution of criminal law, as these cases are always punitive in nature. However, the role of the Commonwealth’s Attorney is to do what is right, to ensure that a person’s rights are protected, and to continuously pursue justice. Fairness and ethical guidelines are core to the office. If a Commonwealth’s Attorney isn’t successful in a case but did everything in his or her power to follow the above responsibilities, then that is unfortunately a part of our justice system that will always have negative feedback. There are some aspects out of the hands of the prosecutor, but a Commonwealth’s Attorney should always make the best attempt to be transparent, accountable, and have a constant focus on protecting citizens’ rights. He or she should reform and improve their office when it is needed. If there is a pattern of lack of results, then fortunately, as with any elected position, the people can make their voices heard at the polls.”
What else would you like to say to voters?
Carver: “It’s a blessing to serve Amherst County and I’m grateful to do it. I’m grateful for the 15 years I’ve been here, eight of those years as Commonwealth’s Attorney… I want to serve. I’m dedicated to you, I’m dedicated to doing my best for you every day and I look forward for more years to serve as your Commonwealth’s Attorney.”
Gilman: “We in Amherst County have some problems that we need to be addressing and we need some strong leadership. You have the ability to hire a strong sheriff. You need to hire a strong commonwealth’s attorney that will dovetail into that and actually resolve some of these issues with drugs, crimes and other things that are plaguing our community.”
Any final words on your campaign?
Carver: “You can find more information about my campaign on Facebook or my website (votelylecarver.com). My adult life has been about service. I want to continue to serve our county, commonwealth and country. I’ve spent my whole career training for and doing this job. I work closely with partner agencies to better serve Amherst County. I was mentored by some of the best prosecutors in Virginia. I’ve successfully prosecuted some of the most serious crimes in Virginia. I try cases in the courts of Amherst County, I don’t try them on social media. The truth matters and social media is filled with misinformation. Most of the cases we try are open to the public, I would encourage our community to come watch court and see your legal system in action.”
Gilman: “I am coming into this race as an outsider with a focus on reform, enhancement, and prosecutorial equality. Everyone will be treated the same; with respect and accountability to their actions, regardless of who they are. I look forward to bringing new ideas, processes, and steadfast determination to this office. I am running because Amherst County requires a change in the Commonwealth Attorney’s office. Amherst County should not settle for the way things are. I am running to end the status quo in the Commonwealth Attorney’s office and to offer a better, safer way for Amherst County’s future.”
Justin Faulconer, (434) 473-2607