After the death of Krista Baldivia and Alonzo Wilds at the hands of Tony Allen Heishman in a fatal car accident on April 30, 2020 on Millwood Pike in Winchester, Virginia the Frederick County Commonwealth Attorney Ross Spicer has decided to charge Heishman with only reckless driving. Heishman has been a free man since the accident and has not formally been charged. According to Virginia State Police, Heishman is believed to have been under the influence of narcotics. Virginia State Police also stated that witnesses reported Heishman was driving erratically prior to the accident. It is the feelings of the family and friends of Krista Baldivia that the Frederick County Commonwealth Attorney should also have charged Heishman with Vehicular Manslaughter as VA Code 18.2-36.1(A) states, "Any person who, as a result of driving under the influence in violation of clause (ii), (iii), or (iv) of ยง 18.2-266 or any local ordinance substantially similar thereto unintentionally causes the death of another person, shall be guilty of involuntary manslaughter." Furthermore, if so determined, VA Code 18.2-36.1(B) states, " If, in addition, the conduct of the defendant was so gross, wanton and culpable as to show a reckless disregard for human life, he shall be guilty of aggravated involuntary manslaughter, a felony punishable by a term of imprisonment of not less than one nor more than 20 years, one year of which shall be a mandatory minimum term of imprisonment." Heishman should be charged with at the least vehicular manslaughter in the deaths of Krista Baldivia and Alonzo Wilds.
Why is this important?
Krista Baldivia and Alonzo Wilds both left behind families. Krista left behind a mother, a father, 9 siblings, a husband, a daughter and a step-son. While Krista may not have been a pillar of the community she was a person and justice should be served the same as if she was the Frederick County Commonwealth Attorney's own blood. Her, and Mr. Wilds, criminal history should not overshadow the cause of their deaths and the actions of Heishman.