Guilty Verdict Delivered in Parks Case After Conflicting Testimony, Town Involvement, and Questions About Authority
MARION, Va. — After months of delays, competency proceedings, and a hearing marked by conflicting testimony and unusual prosecutorial dynamics, Danny Parks was found guilty Thursday in Smyth County General District Court. The case — which began as a dispute over a town‑ordered abatement — has raised ongoing concerns about the blurred lines between town authority, law enforcement, and prosecution.
Before the hearing, Parks was offered a plea deal requiring him to accept a two‑year protective order, which would automatically revoke his firearm rights, and to enroll in the Behavioral Health Docket, despite having already completed a Mount Rogers program and previously declining a then nonexistent mental health docket last year. Parks declined the offer and entered a not guilty plea.
In February, Parks filed a written request for a reasonable accommodation with the Watchdog Group of Marion VA’s assistance, due to documented disabilities. His appointed attorney, Michaela Gemmell, had been designated as standby counsel after Parks initially expressed a desire to represent himself in order to speed the case along after his court appointed attorney, Jimmie Hess, failed to move the case forward and eventually left the case.
The judge ruled that, due to Parks’ accommodation request, Gemmell would conduct the cross‑examination on his behalf, reading his questions under oath so the answers would be preserved under oath as well.
The Watchdog Group of Marion provided a court reporter for the hearing.
Sgt. Jeff Horne testified first, describing the date of the incident and then, at the Deputy Commonwealth’s Attorney’s prompting, recounting an earlier, unrelated dog‑tie‑out incident in which Marion Code Enforcement Officer Flave Davis stepped on Parks’ dog’s chain. Horne said Parks shoved Davis off the chain, though Davis declined to press charges at the time. Horne’s written police report states “Davis advised me he wasn’t concerned with it at the time.”
Under cross‑examination, Horne acknowledged he did not witness the alleged assault for which Parks was arrested. The judge declared portions of his testimony hearsay.
Despite this, the prosecution repeatedly returned to the earlier dog incident — an event for which Parks was never charged — to establish a pattern of alleged aggression.
When Flave Davis took the stand, the courtroom dynamic shifted. Also present was Town Attorney Mark Fenyk, who was not listed as counsel but sat with the prosecution and repeatedly whispered to the Deputy CA who then appeared to act under Fenyk’s advisement.
Davis testified that Parks made “threats of harm” and used his dog “to intimidate employees.” He described items in the backyard as “cast‑off materials and junk,” though he acknowledged these items were only visible because town crews had already removed Parks’ privacy fence. Videos requested in 2025 of the abatement from the Town Of Marion show these incidents in detail but were not utilized by the Smyth County Commonwealth Attorney in their presentation of these statements.
Davis admitted stepping on the dog’s tie‑out during the earlier incident, prompting Parks to push him off. He again confirmed he declined to press charges at that time.
Davis testified that Parks grabbed his body camera, “tried to rip it off,” and grabbed his arm while telling him to leave the property.
But under cross‑examination, Davis conceded: He saw no weapons. He suffered no injury. He did not seek medical treatment. He remained on the property for 5–6 hours after claiming fear. He saw the No Trespassing signs. He wanted Parks removed so he “wouldn’t assault any other town employees”
When shown a still frame from another officer’s camera, Davis acknowledged, “Looks like a picture of Parks grabbing my arm and jacket.”
The court viewed body‑camera footage showing Parks placing his hand on Davis’ camera and telling him to “get out of here.” This footage was less than 1 minute taken from the body camera work by Davis during the incident.
The defense introduced a still frame showing Parks touching Davis’ sleeve and pointing him toward the street. The Deputy CA argued the still frame was “just one frame” and that testimony should be considered “more reliable.” Again, Fenyk was observed visibly disgruntle by this presentation and providing sidebar input to the Deputy CA.
The defense highlighted a statement captured on Davis’ own body camera just before the incident: “You don’t want to get assaulted.”
When asked whether he was planning to assault Parks, Davis replied, “I didn’t word my words correctly.”
Throughout the hearing, Town Attorney Mark Fenyk — not listed as counsel — whispered to the Deputy CA, commented on objections, and later directly addressed the court. His involvement intensified during sentencing, including his commentary on a two‑year protective order and comments about potential future abatement actions against Parks.
At one point, Fenyk warned that Parks “could be perjuring himself” if he possessed firearms at home.
The Deputy CA urged the court to find Parks guilty, citing prior incidents and asserting that No Trespassing signs were irrelevant because town employees were “authorized” to be on the property.
Gemmell countered that the town’s presence was unwanted, that Parks’ contact was limited to touching a sleeve, and that the prosecution had not established intent to harm.
After summarizing the testimony and facts of the case, the judge delivered a guilty verdict.
Sentencing: Suspended Jail Time, Probation, and a Two‑Year Protective Order
Following the verdict, Commonwealth’s Attorney Phillip Blevins entered the courtroom and recommended supervised probation, referral to the Behavioral Health Docket, and no contact with Davis.
The judge ultimately imposed 12 months suspended jail time, 6 months supervised probation, and A 2‑year protective order prohibiting contact with Davis and restricting firearm possession.
Gemmell argued against the protective order, noting Parks had attended numerous council meetings where Davis was present “without issue.” Fenyk again insisted the order was necessary and referenced potential future abatements.
The Parks case has spanned months, involved multiple attorneys, and required competency restoration before Parks could participate in his own defense. The hearing revealed A key officer who did not witness the alleged assault, A town employee who remained on the property for hours after claiming fear, Conflicting accounts between testimony and video evidence, A town attorney participating without being listed as counsel, Repeated reliance on an unrelated dog‑tie‑out incident, A protective order that strips firearm rights despite no weapon being involved.
For many, the proceedings raised concerns about institutional self‑protection, blurred roles between town officials and prosecutors, and whether Parks received the same procedural fairness afforded to others.
As one observer put it after the hearing, “It felt like the town was testifying against him in unison and continuing to target him for future action… It feels like the town attorney is fixated on this.”
The Watchdog Group of Marion says it will continue monitoring the case — and any future abatement actions involving Parks. The nonprofit organization also encourages others who receive communications from town officials to share so that data may be collected and compiled as to how codes and ordinances are being enforced.
