Lindsay Borek and Joseph Thompson, both University students, were convicted of driving under the influence yesterday in cases that have questioned the jurisdictions of City and University Police.
Borek and Thompson were arrested in January. Soon after, District Judge Robert H. Downer overturned an existing cooperative agreement which had granted University police jurisdiction within the City of Charlottesville because he said it was outdated and based on obsolete statutes, according to Thompson's lawyer, Graven Craig.
Because Downer overturned the cooperative agreement before the trials, he held that the arresting officers were operating outside of their jurisdiction. He decided to convict the students, however, because he held that the officers can make citizens arrests, Craig said.
"The Commonwealth was saying that even though the officer was out of his jurisdiction he could make a 'citizens arrest,'" Craig said. "Our argument was that an officer in uniform and on duty cannot conduct investigations in light of his office outside of his jurisdiction."
Although Craig maintains that a large body of law supports the defense's claim, Downer struck down the defense's argument.
Craig said his client plans to appeal because defendants get one automatic appeal in Virginia.
Borek's lawyer could not be reached for comment, but the Daily Progress reported she also plans to appeal Downer's ruling.
Borek's and Thompson's cases necessitated a reworking of the recently-overturned cooperative agreement between the University and City police.
"The City requested that the circuit court grant us jurisdiction in the areas immediately around the University," Chief of University Police Michael Coleman said.
The circuit court ruled to establish a new cooperative agreement March 7.
"It is designed so that we are able to assist the City when a problem occurs that they may need assistance with, such as the ongoing investigation with the serial rapist," Coleman said.
Under the new arrangement, the University police have jurisdiction in areas immediately surrounding the University. According to Coleman, the new arrangement has not effected the operation of the police.
"We are operating pretty much the same as we always have," Coleman said. "Our primary responsibility is the University of Virginia."
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