Delegate Marshall today sent the letter below to the Chairman of the Virginia Alcoholic Beverage Control Board and the Chief Operating Officer. At issue is the case of Ms. Elizabeth Daly which has made headlines recently.
Ms. Daly was approached in a dark parking lot by plain clothes ABC officers in Charlottesville after coming out of a grocery store with food for a charity benefit including some sparkling water. The ABC officers did not initially identify themselves and Ms. Daly was concerned for her safety so she got in her car. Her vehicle was then surrounded by 5 other plain clothes officers who shouted at her to roll down her window or get out of the vehicle. In order to roll down her windows she had to start her vehicle which caused one officer to jump on her hood and others to shout other directions. Ms. Daly decided to leave the area to go to a police station and dialed 911 as she left the parking lot. In the process of leaving she grazed two officers with her vehicle. As a result of her actions she was charged with eluding police and assaulting two officers.
Ms. Daly should never have been stopped because the ABC officers had no probable cause and she certainly shouldn't have been stopped in a dark parking lot by plain clothes officers. The ABC needs to review its procedures and do further training of its officers.