December 20th – 21st, 2010
Greene County Circuit Court
The hope of an impartial Judge quickly vanished:
Judge to Mr Davis: You are accused of 2 counts of registering four wheeled vehicles as motorcycles which seems like a pretty clear cut case.
Greene County Virginia Commonwealth Attorney Ronald Morris presented the State’s case that:
- Jake Davis registered his personal dune buggy on 6/26/09 as a Motorcycle knowing it did not qualify as such.
- All Joyner brand dune buggies are unsafe and presented a danger to the citizens when used on the highway.
- Jake was told by Melissa Bishop of Charlottesville DMV on 9-12-2009 that these vehicles cannot be registered as Motorcycles.
- Jake decided to “DMV Shop” to Madison DMV and register Kevin Wilson’s Buggy on 10-9-2009 as a Motorcycle even after having been told he couldn’t at the Charlottesville DMV on 9-12-2009.
Evidence Conveniently Overlooked:
| 6-18-2010 Court Ruling |
Two felony charges dropped – No false statements on paperwork presented on 9-12-2009 at the Charlottesville DMV or 9-14-2009 at the Madison DMV
- Commonwealth concedes that the buggies are in fact dune buggies even though the MSO says ATV
- DMV Detective conceded that the vehicles could be registered for street use through the specially constructed or reconstructed vehicle titling process
Madison Commonwealth Attorney George S. Webb, III was in attendance for the first day of court where DMV Officials stated that the vehicles could not be registered for street use. |
| “Dune Buggy” not defined so they fall under “ATV” |
Jury denied access to definition for “ATV” from VAC 46.2-100 to prove “ATV” definition does not fit these vehicles.
Commonwealth Attorney Ron Morris made argument that they can never be registered for street use and the safety of the Commonwealth was at risk due to the registration for street use.
Evidence from a Discovery Motion found dozens of Joyner Dune Buggies registered for street use.
Same Vehicles Plated |
| Wilson Title Date 10-5-2009 |
 Wilson Buggy Originial Title |
Melissa Bishop of Louisa Virginia, Charlottesville DMV Clerk
 VSA-17A Approved by Melissa Bishop  Body Style "Dune Buggy" Testified about Sage’s Visit to the Charlottesville DMV on 9-12-09 as if Jake was the performing the transaction. Melissa Bishop testified that she rejected Sage’s application for title because it said “ATV” and couldn’t be registered for street use.
Contradictory, Sage McGirk’s VSA-17A was completed by Melissa Bishop so far as to calculate the taxes, mark paid, and choose the custom plate “BUG THIS.”
No fees can be calculated without first putting the body style in the computer first. She put in “Dune Buggy” which she even commented as having popped up in the body style field as a legitimate body style choice. Sage had forgotten his original bill of sale so Jake wrote one on the back of a business card. She told Sage to “come back on Monday with a Bill of Sale on Letterhead” and the application would be processed. |
Below Are Transcripts of Melissa Bishop’s Testimony
December 20th, 2010 – Greene County Circuit Court
Testimony of Melissa Bishop
Transcribed by:
Lane’s Court Reporters, Inc
401 8th Street NE
Charlottesville, Virginia 22902
PAGE 1
VIRGINIA: IN THE CIRCUIT COURT FOR THE COUNTY OF GREENE
COMMONWEALTH OF VIRGINIA,
Plaintiff,
v.
JAKE DAVIS,
Defendant.
TESTIMONY OF
MELISSA BISHOP
Taken on
December 20, 2010
PAGE 2
APPEARANCES:
Ronald L. Morris, Esq. Dean E. Lhospital, Esq.
P. 0. Box 1028 229 Douglas Avenue
Stanardsville, VA 22973 Charlottesville, VA 22902
Attorney for Commonwealth Attorney for Defendant
Page 3
December 20, 2010
MELISSA BISHOP, having been so duly sworn, testifies
as follows:
DIRECT EXAMINATION
By: Mr. Morris
Q Good morning, would you tell the jury your name and occupation, please?
A Melissa Bishop, I’m a senior generalist teller at the Department of Motor Vehicles.
Q All right. And 1’11 reiterate, ask you to speak up, since we’re having noon chimes, make sure the—
A Okay.
Q —jury hears everything that you say. How long have you worked at the Department of Motor Vehicles?
A Four and a half years.
Q And where do you work?
A Charlottesville.
Q All right. And were you in Charlottesville—at the Charlottesville office in September of last year?
A Yes.
Page 4
Q Did you have occasion on or about that date to see the defendant, Mr. Davis, at your office?
A Yes.
Q What was the—what did he state was the reason for his visit?
Sage McGirk was at the DMV to register his dune buggy as a dune buggy. The application, with Melissa Bishops teller stamp, clearly states “dune buggy” as the body style.
A When I first con—was in contact with him I was at the information desk, he stated he was selling a motorcycle to the gentleman that was with him. So he was there to register that vehicle.
-Sage McGirk doesn’t have a motorcycle endorsement on his drivers license and the paperwork says “dune buggy”
-Jake’s Buggy had already been registered months prior.
-Kevin Wilson had yet to purchase his buggy nor would his title be printed by the manufacturer for another 22 days on 10-05-09
-Buddy Testerman didn’t purchase his buggy until 12 days later 9-24-09
THEREFOR neither Sage nor Jake attempted to register anything as a MOTORCYCLE on this date. Melissa Bishop is making up her story in order to create relevance to this case where there was none.
Q All right. And stated to you it was a motorcycle?
A At the information desk, yes.
Q At that time?
A Yes.
Q So you said that was at the information desk?
A Yes.
Q And is that different from your work station?
A Yes.
Q Just briefly explain that to the jury, please?
A Well, when you come into the DMV we look over your documents, you tell us what we’re doing, and then we
Page 5
proceed to give you the proper paperwork that you need to go forward with registering or titling the vehicle.
Q And when Mr. Davis told you that he was—wanted to register a motorcycle what did you do?
A I looked over the paperwork, gave him what he needed, asked him if he had a Bill of Sale, because he had a MCO, that requires a Bill of Sale when you’re selling it to someone.
Q Now what—lets slow down just a second.
A Okay, I’m sorry
Q What is a MCO?
A It’s the manufacturer’s Certificate of Origin. That’s the paperwork that goes with any brand new vehicle or automobile or all terrain vehicle.
Q All right. Did you—did all this take place while you were at the information desk?
A Yes.
Q All right. Anything else happen while you were there?
A Not in particular, I mean I just questioned about the Bill of Sale.
Melissa Bishop handed Sage a few papers and no conversation about body style or bill of sale occurred at this time. The Charlottesville DMV is notorious for making wait hours before telling you that you have insufficient paperwork.
Page 6
Q All right. Did he—what did he say about the Bill of Sale at that time?
After putting “Dune Buggy” in the computer as the body style, Melissa Bishop asked for payment and the Bill of Sale. Sage presented the BOS on the business card and his Visa Card. She calculated the fees and stamped Sage’s VSA-17A as “PAID” and then noticed the computer was asking for a Bill of Sale on Letterhead because the vehicle was purchased as “New.” She told Sage that the hand written Bill of Sale would have been fine if this were a used vehicle. This was the actual reason why Sage was given his paperwork back and told to come back Monday with a Proper Bill of Sale.
A He stated to me at that time that it was a business that he had just opened and did not have a fax machine, or a copier, or computer, or anything hooked up, so he wasn’t able to print a generated Bill of Sale. So he asked if he could write it on the back of the business card. I called and got authorization, and he was able to do that.
Q All right. Once again, all that had taken place while you were at your first station at the information desk?
A Yes.
Q Anything else take place while you were there?
A No, not anything unusual.
Q All right. Did there come a time when you saw the defendant later at your office?
A Yes, once I finished covering the information desk I went back over and called his ticket.
Q And what was your job at that point?
A To process the paperwork that I had in front of me.
Page 7
Q All right. And did the defendant come over to you?
A Yes.
Q And did he present paperwork?
A Yes.
Q What type of paperwork did he present?
A He had the manufacturer’s Certificate of Origin, he had the Bill of Sale on the back of the business card, and he had the application that the other gentleman had filled out.
Q All right. And what took place at that point?
A At that point when I went to register the vehicle, I realized that it was a dune buggy and not a motorcycle.
Q All right. And how were you able to determine that?
A It said dune buggy on the MCO. And then it also said it was an all terrain vehicle.
Q Based on your seeing that information, what did you do?
Page 8
A Well I was unable at that time to put the plates on the vehicle as they were requested, because it doesn’t allow you to do that.
Q And did you tell that to Mr. Davis?
A I did.
She read the definition of all-terrain-vehicle to Sage and then agreed that the picture of the vehicle is a dune buggy so she put “dune buggy” in the computer and went on with the transaction.
Q What happened once you told him you were not able to register this as a motorcycle?
A Well he got angry and asked me why, and I went to my manager and we pulled the policy, and I showed him that it says in there that you are unable to register or plate an all terrain vehicle.
Q And what’s your—what is your manager’s name?
A Tamara Smith.
Q Did Ms. Smith actually come over to your work location?
A No, I went to her office.
Q All right.
A With the MCO.
Q All right. And did you ever issue a title or–
Page 9
Q —Certificate of Title to the defendant that day?
A No, I did not.
Q Do you keep copies of the documents that you mentioned?
A We make copies for ourselves to pass on to the investigator.
Q All right. And first of all, I’ll show you writing that appears to be back—on the back of the card, and ask if you can identify that?
A Yes, that is what I saw.
Q All right. And which part of the transaction was this?
A That’s—would have been his Bill of Sale.
Q All right. Move this into evidence.
THE COURT: Any objection, Mr. Hospital?
MR. LHOSPITAL: The objection would be I don’t think this refers to the vehicles on the indictment.
THE COURT: Mr. Morris?
MR. LHOSPITAL: Relevance would be the objection.
This is where Greene County Commonwealth Attorney Ronald Morris creates the “Prior Knowledge” argument in order to create the crime and seal the Felony Convictions. Melissa Bishops “Paid” stamp on Sage’s VSA-17A dated 9-12-09 shows the transaction was completed except the payment and supporting documents and thus this false testimony should not have been allowed.
MR. MORRIS: The issue would be the defendant’s state of mind, information that he’d received. We would
Page 10
conceive this as not one of the two, but certainly the— and also the date, we think, would be important.
THE COURT: The date and the know—the defendant’s knowledge is what’s at issue here. So I’d overrule the objection to the—is there any objection to the document?
MR. LHOSPITAL: No, Your Honor.
THE COURT: So we’ll admit the document, the copy of the Bill of Sale is defendant’s exhibit 12.
MR. MORRIS: Commonwealth’s exhibit 12.
THE COURT: I mean, excuse me, Commonwealth’s exhibit 12, I apologize.
(Commonwealth’s Exhibit #12 was so duly marked and received into evidence at this time.)
Q And ask if you can identify the second item?
A Yes, that’s the MCO that I saw.
All right.
THE COURT: Any objection to the MCO?
MR. LHOSPITAL: No, .sir.
Page 11
THE COURT: All right. So we’ll take the copy of what the—the witness referred to as the MCO, that is the manufacturer’s Certificate of Origin.
MR. MORRIS: Yes, sir.
THE COURT: That will be Commonwealth’s exhibit 13.
(Commonwealth’s Exhibit #13 was so duly marked and received into evidence at this time.)
MR. MORRIS: Yes, sir.
THE COURT: And that will be admitted without objection.
Sage McGirk presented his own documents for the transaction.
Q And both of those documents were presented by the defendant, is that correct?
A Yes.
Q Once you told the defendant that you could not issue the title, you say he became upset?
A Yes.
Q Did he make any statements to you at that point?
Page 12
A He made the comment that, that’s the reason why he doesn’t come to Charlottesville, because he can never get anything done. And he said he would go to the Madison office and have it done.
Q All right. Thank you.
THE COURT: Cross.
CROSS-EXAMINATION
By: Lhospital
Q So how long have you worked at the DMV?
A Four and a half years.
Q Okay. And you said you were a senior—I’m sorry, can you restate your job title?
A Senior generalist.
Q Okay. So—so you’re—you know the gen—the general policies of the DMV, is that what the generalist means?
A Yes. Well, that’s just the title that they use.
Q You wear different hats?
A Yes.
Page 13
Q Okay. So you said that you pulled a–a policy that said you are not allowed to plate all-terrain-vehicles, correct?
A Correct.
Q So that wasn’t a policy that says you were not allowed to plate dune buggies?
A Well it says on the MCO that that is a all terrain vehicle.
Q So on the MCO it says dune buggy and all terrain vehicle?
A Well, I mean, I need to see the paper.
THE COURT: The document speaks for itself, it’s in evidence, you can show her, if you want, it states, in one instance, body type, all terrain vehicle, OHV, and the in the description it says Virginia dune buggy, so both are on there. You can use it if you want.
Mr. LHOSPITAL: Dune Buggy’s the name. okay.
Q What is OHV
A What is O–
Page 14
Q That—-
THE COURT: Why don’t you —here, Mr. LHospital, show her, since you’re asking, the fair thing is to show it to her.
Q I’ll show it to you.
The Court: That’s fine. you can Certainly ask about it–
Q Okay.
THE COURT: — That’s fair but she needs to be able to look at it.
Q It says all terrain/OHV, what is OHV?
A I don’t know what OHV means, but I know what a all terrain vehicle is.
Q Okay, do—
A Other motor vehicle?
Q That’s just a guess, you don’t know what it means?
A Right.
Q Is the answer?
A I’m not specific about OHV.
Q Okay, thanks. Now—so he did not try to hide the fact that it–it was a dune buggy, right?
Page 15
A No.
Q Okay. So when you—you talked about it being a dune buggy he didn’t deny that it was a dune buggy?
A Right.
Q He didn’t—he didn’t, for example, provide a falsified MCO that said motorcycle or anything like that?
A No.
Q Okay. You say you went through several steps. There’s—there’s a lot of paperwork involved in titling and plating these—these vehicles?
A Well you have to make sure you have the proper documentation before you title it.
Q Okay. So other then the—you say he didn’t have a Bill of Sale cause he didn’t have a printer?
A Correct.
Q So other then the Bill of Sale, he had all the paperwork?
A Correct.
Q And when you told him you needed a Bill of Sale he got the Bill of Sale?
A He wrote it on the back of the business card while he was in the building.
Page 16
Q But he got your permission to do that, right?
A Right.
See Melissa Bishop Witness Statement Below that reads:
“I’ve never been to the website”
Thus she is actively providing false statement to the court.
Q Okay. Do you—-do you—do you happen to know what that policy is that you looked at that said you are not allowed to plate all terrain vehicles, where—where—where did you find that policy?
A Within our DMTT website, under our policies and procedures, for vehicles.
Q Is that a publicly accessible website?
A It’s what—
Q That part of it?
A —we use as far as if we have questions about titling or drivers license. It lays down the exact rules, what we’re supposed to follow.
Q But it’s not accessible to the members of the public?
A I don’t know.
Q You don’t know. Okay, so they have—people end up asking you questions about this type of thing?
A When they ask us questions that we can’t answer we go to policy, we follow what the policy states.
Page 17
Q Okay. Do you happen to know whether on the publicly accessible portion of the website there’s pictures or explanations of the different kinds of vehicles?
A Honestly, I’ve never been to the website, so I don’t—I don’t know.
Q So he didn’t leave with any paperwork at the end of that day, right?
A He left with what he came in with.
Q Right, but he didn’t—you didn’t give him any–
A I didn’t—no.
Q Okay. Thanks.
THE COURT: Any redirect?
MR. MORRIS: No, sir.
THE COURT: All right. Can we excuse this witness, Mr. Morris?
MR. MORRIS: Yes,, sir, I believe we can.
THE COURT: Any objection?
MR. LHOSPITAL: No, sir.
THE COURT: Ma’a~n, let me thank you very much for your testimony.
