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To: Frederick County Virgina Commonwealth Attorney, Ross Spicer

Justice for Krista Baldivia and Alonzo Wilds

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.

Updates

2020-12-09 19:29:26 -0500

So today we received the final word in regards to the MURDER of Krista Baldivia and Alonzo Wilds. The Frederick County District Attorney cannot find any law allowing Tony Heishman to be charged with anything more that Reckless Driving which is a misdemeanor. This supposedly stems from the District Attorney not being able to make a case of impairment from drug use. Tony Heishman needs to answer for this crime before others become his victim.

2020-08-22 00:57:57 -0400

I have spoken with the Frederick Cou ty District Attorney's office and they are standing their ground that Tony Heishman will only be charged with misdemeanor reckless driving. They also reaffirmed that he will likely not see any jail time out of this incident. Please keep this petition going for the families effected.

2020-08-08 15:42:39 -0400

It is wonderful that we have reached 200 signatures but we, the family, need more. Especially in light of a news article that was posted a few days ago in the Winchester Star about a June accident which resulted in the passenger's death. That driver has already had his case taken to the Frederick County grand jury and has been formally charged with Murder and Vehicular manslaughter. How it is the same District Attorney's office was able to charge that driver in just over a month's time but the accident that took Mr. Wilds life and the life of Krista Baldivia 3 months ago has yet to be moved on. JUSTICE IS NEEDED FOR THE VICTIMS OF APRIL 30, 2020. i have included the news article link for the June accident if anyone is interested. https://www.winchesterstar.com/winchester_star/driver-facing-more-charges-in-fatal-crash/article_f768e5ca-10f2-5f74-aebe-c571aae25384.html

2020-08-06 19:31:01 -0400

100 signatures reached

2020-08-06 15:40:29 -0400

50 signatures reached

2020-08-06 14:30:37 -0400

25 signatures reached

2020-08-06 12:02:38 -0400

10 signatures reached