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2005 SESSION
052733236Patrons-- Black, Albo, Alexander, Athey, Bland, Dillard, Fralin, Hall, Hugo, Janis, Jones, S.C., Marshall, R.G., McDonnell, McQuigg, Miller, Morgan, Orrock, Rapp, Scott, E.T., Sherwood, Ward, Watts, Weatherholtz, Welch and Wright
Whereas, in 1998, Michael A. Fabyanic (Mr. Fabyanic) was serving as a deputy sheriff in the Sheriff's Office of Frederick County; and
Whereas, in December of 1998, Mr. Fabyanic was on duty when he performed a traffic stop in an attempt to place under arrest Timothy Helsaback (Mr. Helsaback) who was traveling on a near Winchester, Virginia; and
Whereas, as Mr. Fabyanic attempted to effect the arrest, Mr. Helsaback resisted and a struggle ensued; and
Whereas, during the struggle, Mr. Helsaback managed to remove Mr. Fabyanic's handgun from the holster; and
Whereas, fortunately, Mr. Fabyanic gained control of the weapon but was forced to fire at Mr. Helsaback; and
Whereas, as a result of the gunshot, Mr. Helsaback was seriously wounded; and
Whereas, in the criminal trial that followed, Mr. Helsaback was convicted of assaulting a police officer; and
Whereas, Mr. Helsaback filed a civil lawsuit naming the Frederick County, the Sheriff's Office, and Mr. Fabyanic personally, alleging violation of Mr. Helsaback's civil rights under Title 42 U.S.C. 1983; and
Whereas, Mr. Helsaback also included a state claim alleging aggravated battery, malicious wounding, and attempted homicide; and
Whereas, the Division of Risk Management appointed one lawyer to represent all three entities against which Mr. Helsaback made allegations; and
Whereas, Mr. Fabyanic requested additional counsel, but the request was denied by the Division; and
Whereas, Mr. Fabyanic hired private legal counsel to assist in representing him in the civil case; and
Whereas, Mr. Fabyanic incurred legal fees in the amount of $12,000 as a result of the use of private counsel, which were not paid by the state; and
Whereas, Mr. Fabyanic has no other means to obtain adequate relief except by this body; now, therefore,
Be it enacted by the General Assembly of Virginia:
1. § 1. That there is hereby appropriated from the general fund of the state treasury the sum of $12,000 for the relief of Michael A. Fabyanic, to be paid by check issued by the State Treasurer on warrant of the Comptroller upon execution by Michael A. Fabyanic of a release and waiver forever releasing (i) the Commonwealth or any agency, instrumentality, officer, employee, or political subdivision thereof and (ii) all other parties of interest from any present or future claims he may have against such enumerated parties in connection with the aforesaid occurrence.