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Is William Day Going To Jail?

By Greg L | 25 October 2007 | 31st HOD District | 16 Comments

William Day recently sent out a mail piece that misrepresented a column that Delegate Scott Lingamfelter had written for a local newspaper on the subject of abusive driver fees as a letter to constituents. In doing so, he put Delegate Lingamfelter’s signature on this letter, and managed to run afoul of the following provision of the Virginia State Code:

§ 18.2-172. Forging, uttering, etc., other writings. — If any person forge any writing, other than such as is mentioned in §§ 18.2-168 and 18.2-170, to the prejudice of another’s right, or utter, or attempt to employ as true, such forged writing, knowing it to be forged, he shall be guilty of a Class 5 felony. Any person who shall obtain, by any false pretense or token, the signature of another person, to any such writing, with intent to defraud any other person, shall be deemed guilty of the forgery thereof, and shall be subject to like punishment. (Code 1950, § 18.1-96; 1960, c. 358; 1975, cc. 14, 15.)

By the looks of the mailer (see below) it would seem that William Day may be guilty of a Class 5 felony.

Of course that will require that there’s actually a Commonwealth’s Attorney who will actually uphold the law here. We’ll see if that happens.

UPDATE: A complaint has been filed, according to the MJM.

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  1. Batson D. Belfrey said on 25 Oct 2007 at 5:12 pm:
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    Since the district crosses county lines, and the mailer was sent to people in boith PWC and Fauquier, which CA would claim jurisdiction. Also, if the mailer was produced out of state, and crossed state lines, Day might have violated Federal laws. Lastly, I am sure that this violates some postal regulation, like mail fraud.

  2. Anonymous said on 25 Oct 2007 at 5:18 pm:
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    What right of Lingamfelter’s is predjudiced by reprinting his column in the form of a letter where the footnote says exactly what it is and where it came from? What “intent to defraud” is present here?

    A Commonwealth’s Attorney must be able to prove all of the elements of the crime to prosecute anyone, including Mr. Day.

  3. siebenundsiebzig said on 25 Oct 2007 at 5:19 pm:
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    ORANGE COUNTY, California (CNN) — Radical Hispanic separatist organization MEChA (”Movimiento Estudiantil Chicano de Aztlan”) is taking responsibility for setting the wildfires in California, confimed Governor Arnold Schwarzenegger.

    Firefighter Luke Perisin sets a backfire Wednesday against the Santiago Fire in Live Oak Canyon, California.

    California officials received a letter earlier today containing photographs of individuals holding Molotov cocktails, then throwing them into dry brush. The faces of the individuals appeared to have been digitally distorted. ……. continues.

  4. starryflights said on 25 Oct 2007 at 5:26 pm:
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    I was surprised to read this. I haven’t read all the election flyers that I have received yet, but I have this flyer and I thought it was sent by Del. Lingamfelter. Now that I have read the above, I have also read the small print at the bottom of the flyer and see that it was indeed authorized and paid for by Day. Very misleading.

  5. Dolph said on 25 Oct 2007 at 5:32 pm:
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    Thanks for the link. This behavior goes way beyond arson. To me, it is terrorism. I hope the feds are all over this one.

  6. starryflights said on 25 Oct 2007 at 5:41 pm:
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    I am shocked that this Hispanic group has claim responsibility for the CA fires. I never saw this coming. Thank you for the link. I hadn’t heard anything about this.

  7. mnd said on 25 Oct 2007 at 5:46 pm:
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    The cnnheadLIEnews.com page is a fake.

  8. starryflights said on 25 Oct 2007 at 5:59 pm:
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    I see that now. You got me.

  9. Chris said on 25 Oct 2007 at 6:11 pm:
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    Greg, I was about to say, I doubt Paul Ebert has time to follow up on this while he searches for another way to use his office to elect Sharon Pandak.

  10. siebenundsiebzig said on 25 Oct 2007 at 8:39 pm:
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    Ha! Sorry about that folks, someone forwarded it to me while I was in the middle of something and I didn’t look closely. I was had — didn’t intend to spread the falsehood!

  11. Keokuk said on 25 Oct 2007 at 9:16 pm:
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    Let’s wait awhile on W. Day as far as throwing him in jail. Allow plenty of the jail space for the illegal criminals. Day can wait another day.

    Sorry for the pun.

  12. John Light said on 25 Oct 2007 at 11:27 pm:
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    Anonymous said on 25 Oct 2007 at 5:18 pm:
    “What right of Lingamfelter’s is predjudiced by reprinting his column in the form of a letter where the footnote says exactly what it is and where it came from? What “intent to defraud” is present here?”

    Simple…Scott did not “sign” the letter. You simply cannot sign something with the intent of people thinking that it was signed by someone else. If you had written a book, and you gave me a book you wrote and wrote on the front cover, “To John” then signed your name, that is forgery.

    Just like Faisal Gill deceived the voters by stating that he was a lobbyist, so did William Day deceive the voters by forging Scott’s signature.

  13. freedom said on 26 Oct 2007 at 6:42 am:
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    I agree John, but Faisal Gill was given a “pass” for that…like a lot of other things. :(

  14. es_la_ley said on 26 Oct 2007 at 1:58 pm:
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    From Po’ News…

    Lingamfelter files election complaint against Day Jr.


  15. Anon said on 28 Oct 2007 at 11:09 am:
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    First let me say this, this was dirty pool on the part of Mr. Day and I do not like how it was done nor do I support Mr. Day or his actions/inactions. That being said when you examine the VA code citation 18.2-172, you must realize that Scott wrote the column in the Potomac News and unless the mailer’s content doesn’t match the editorial’s content, then the signature (admittedly, I think a copy from Scott’s website, but still dirty politics) is no more than what would be considered a citation of content, like they have to do when they reference their opponents public statements as required by law. There maybe enough to charge, but I think they will have a very hard time getting a conviction.
    A good example would be if Rishell would have used one of her many false statements about Jackson and put together a letter to the constituents and then placed Jackson’s signature on the document, then I think that would be an easy case to prosecute
    Again, this was dirty and Mr. Day should remember karma is a real b**ch.
    Mr. Day (although he probably doesn’t care) remember this about being a warrior…. A warrior is bound by honor and stops at nothing in order to achieve victory; a coward has no honor, he cheats and defrauds to get nothing, but lives in shame and disgrace.

  16. Billyboy said on 29 Oct 2007 at 7:21 am:
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    I actually saw the flyer and on the surface it really appears to by from Lingamfelter. I think it takes dirty politics to a new level. Day should loose on this alone, much less his wacky ideas.

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