NORFOLK, Va. — After just over an hour of deliberation, a jury found a Chesapeake councilwoman not guilty of financially exploiting an incapacitated adult.
Amanda Newins, a 31-year-old councilwoman and attorney, stood accused of one count of financially exploiting her great-uncle, Bobby Davis.
During a three-day trial, both sides agreed to a timeline: Newins' great-aunt Shirley Davis and great-uncle Bobby Davis moved in with Newins in 2020. Soon after, Bobby Davis began seeing doctors for dementia. The couple then signed paperwork to gift Newins their Virginia Beach home. Roughly a month later, Bobby Davis was diagnosed with Alzheimer's. He passed away soon after the diagnosis.
Commonwealth's Attorney William Braxton claimed this timeline pointed to exploitation. In his closing argument Thursday, he asked the jury to consider the credibility of witnesses, including Newins, saying as a lawyer she knew what she was doing when she had the Davises sign the deed with no witness present. He added that not only did she not help her aunt and uncle, she hurt them. He argued Bobby Davis, who didn't recognize his wife at time, couldn't have known what he was signing when he gifted Newins the home.
"That was my interpretation of the evidence, but obviously the jury felt differently," said William Braxton, Roanoke County senior assistant commonwealth's attorney. "They are the finders of fact, so I am going to rely on their judgment of it. And again, she was presumed to be innocent, and she remains that way."
The government's burden had been to prove each element of the alleged crime beyond reasonable doubt:
- Whether Newins knew or should have know that her uncle was incapacitated
- Whether she diverted property
- If the property was worth more than $1,000
- If Newins took the property by use of the incapacitation
- If Newins intended to permanently deprive her uncle of the property
Defense attorney Kristin Paulding asked the jury to consider the moment the deed to the Virginia Beach home was signed. She referenced testimony from Newins, Newins' husband, and Shirley Davis about the mental state of Bobby Davis at the time of signing. The Newinses had testified there were no red flags. Shirley Davis had testified she didn't know what was going through Bobby Davis's mind, but had not stopped the signing. Paulding also asked the jury to consider that to gift Newins the home, both Shirley and Bobby Davis had to sign the paperwork.
Paulding agrees with the jury's decision.
"We are thrilled. We have been waiting now for seven months and that was the exact verdict we wanted and the exact verdict we hoped to get," she said.
Newins, who testified in her defense Wednesday, said the not guilty verdict was a relief.
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"My uncle was like my father, like everyone heard," Amanda Newins told News 3. "He raised me. Shaped me into the woman I am today. So, the allegations were extremely hurtful. Finally hearing the not guilty verdict was a rush of emotions."
Newins still owns the home and rents it out.
While she's been cleared of criminal charges, there's a separate civil case on the matter still pending. In that case Shirley Davis filed an $850,000 lawsuit demanding return of her home and property. That case is scheduled for trial in December. It's not immediately clear how the outcome of the criminal case will impact the civil case.
