A Williamsburg woman who dumped an hours-old cup of coffee on her neighbor will avoid a misdemeanor conviction if the pair can keep the peace for six months.
Linda Carey, 64, of Williamsburg, was charged with simple assault and battery on June 28 after police said a dispute over a property boundary ended with Carey throwing coffee on a man.
Carey, a retired William & Mary professor, entered no plea during a hearing in the Williamsburg-James City General District Court Thursday, but stipulated the facts of the case could be sufficient to find her guilty.
After hearing the case’s facts, 9th Circuit substitute Judge Tim Clancy determined there was enough evidence to find guilt, but withheld the findings of the case until another hearing on Feb. 1, 2018. If both Carey and her neighbor remain civil until then, the charge will be dismissed.
At the beginning of the hearing, Carey’s attorney, J. Stephen Roberts Sr., asked the judge to consider circumstances beyond the facts of the case and find the evidence insufficient for guilt.
Commonwealth’s Attorney Nathan Green said the boundaries of the property, specifically around Carey’s driveway, have been a source of contention long before Carey threw the coffee. Carey and her husband have been trying to expand their driveway, he said.
“This is where it’s difficult to go deep into this,” Green said, explaining that the driveway is closely bordered on each side by neighboring properties, leaving little room for any expansion. The property is “flagpole” shaped.
Roberts added the victim, an owner of a prominent bed-and-breakfast in Williamsburg, initiated the June 28 argument.
The altercation happened while Carey was working on her driveway. The woman had laid several two-by-four pieces of wood on the ground next to the driveway for her project, Green said.
The neighbor approached Carey and started moving the two-by-fours off “what he believed” was his property, Green said.
During the ensuing disagreement, Carey picked up her coffee and threw it on the neighbor. The coffee had been brought to Carey by her husband “a couple hours earlier,” and did not burn the victim, Roberts said.
Carey, who was an art professor, has no history of violence, substance abuse or anger management issues, Roberts said.
“It was a knee jerk reaction to the discussion initiated by [the victim],” Roberts said.
Green did not want to characterize the victim as “bullying or abusive,” because no behavior justifies coffee being thrown on someone, he said.
“Civility is what’s dying in this country,” Roberts said. “She knows today that what she did is wrong. She already apologized.”
Clancy imposed only court costs on Carey, telling Carey he believed the incident was “out of character based on your accomplishments.”
WYDaily reporter Sarah Fearing contributed reporting.
Editor’s note: Williamsburg attorney J. Stephen Roberts, Sr. is of no familial relation to the author of this article, Stephen P. Roberts, Jr.
