Recent assault and battery cases in Smyth County General District Court reveal striking differences in how the justice system handles charges against elected officials compared to private citizens. Both cases fall under Virginia Code §18.2-57(A)—a Class 1 misdemeanor—but their outcomes so far point to a troubling double standard.
On July 31, 2025, court records show that Saltville Mayor Cheri Fullen was charged with assault and battery (Case GC25009553-00). Her case came before the court on August 15, 2025. Just 15 days after the charge was filed, the matter was swiftly dismissed by way of Nolle Prosequi, a prosecutorial decision not to proceed.
In stark contrast, on August 6, 2025, Danny Parks, a citizen of Marion, faced the same charge (Case GC25009756-00). His case has been continued three separate times, with the next hearing set for December 2, 2025. Unlike Mayor Fullen’s rapid dismissal, Parks’ case will stretch well beyond 120 days without resolution, delayed recently by a court-ordered medical evaluation.
The Key Difference: Who the Defendant Is
The sharpest distinction between the two cases lies not in the law but in who the defendants are.
• Mayor Fullen, an elected official, had her case disposed of in just over two weeks.
• Mr. Parks, a private citizen involved in a dispute with town officials, continues to face prolonged legal uncertainty.
Parks’ charge stems from an alleged assault against Marion town official Flave Davis during a property abatement. Community members argue that the charge is being exaggerated, possibly as a means of making an example of Parks after years of conflict over code enforcement and liens against his property. Further, videos shown online clearly show town employees going through personal belongings, setting items aside and then eventually carrying them off the property—theft.
The Smyth County News added fuel to the fire when it published an article September 12, 2025, about the abatement August that contained incorrect details, coverage critics say could prejudice Parks’ case. Upon request, Commonwealth’s Attorney Phillip Blevins provided correspondence to Three County News referenced in the article published by Smyth County News. That correspondence did not incriminate Parks; instead, it suggested that town employees may have committed crimes themselves based on the videos.
The decision to pursue charges rests with the Town of Marion, and officials have declined to act against their employees instead stating that the employee returned the items and they were sold for scrap. The Town of Marion cited the low value of items taken as the reason they declined to file charges. While no accountability has been sought for alleged crimes committed by town staff, Parks continues to face prosecution.
The contrasting outcomes point to what many view as a two-tiered justice system in Smyth County:
• Public officials and town employees appear to benefit from swift dismissals or inaction when accused of wrongdoing.
• Private citizens, particularly those in conflict with local government, face drawn-out prosecutions and public scrutiny.
This discrepancy is underscored by a recent statement from Commonwealth’s Attorney Phillip Blevins, who described himself in a September 8, 2025, article appearing in Smyth County News as a “minister of Justice” who lies awake at night worried about “wrongfully charging someone.”
Yet the facts suggest otherwise: while the theft of property from the Parks family was never pursued, Parks himself is still burdened with ongoing charges for directing a town official off his property.
These cases raise broader concerns about fairness, transparency, and accountability in Smyth County’s legal system. If elected officials can see charges erased in two weeks, while citizens face months of costly delays for the same alleged crime, residents may rightly question whether equal justice is being upheld.
For citizens like Danny Parks, the question is clear: why does justice move swiftly when an official is in the defendant’s chair, but drag on endlessly when it is a citizen resisting government overreach?
