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Jessica Hall got two years in prison for tossing a McDonald's bag into a car.
Carol Guzy/The Washington Post

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'McMISSILE' CASE DRAWS MEDIA

Reduced jail term to be sought

'McMissile' sentencing today in Stafford.

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Date published: 2/21/2007

BY KEITH EPPS

UPDATE: Judge rules woman should be released today.

Jessica J. Hall has spent a lot more time in Virginia than she ever expected, and she hasn't enjoyed it one bit.

She and others are hopeful that today is the day she'll finally be able to return to her Jacksonville, N.C., home.

Hall, 25, has been in the Rappahannock Regional Jail since Jan. 4, the day a Stafford County jury found her guilty of maliciously throwing a missile into an occupied vehicle.

The jury recommended a two-year prison sentence, the minimum sentence according to the statute under which Hall was charged.

Judge Frank Hoss will formally sentence Hall today in Stafford Circuit Court, and many people affiliated with the local legal system believe Hoss will reduce the sentence to the time Hall has already served, something defense attorney Terence Patton is sure to request.

"That would certainly appear to be the right thing to do," attorney Mark Murphy said. "Everybody knows [the two-year sentence] is just wrong."

The missile--a McDonald's bag containing an ice-cold drink--was launched into the car of another motorist in stalled traffic on Interstate 95 on July 2.

Hall, who was traveling north with her three young children and her pregnant sister, got into an altercation with another motorist involving gestures and abrupt lane switches.

The stories vary on exactly what happened, but everyone agrees that it ended with Hall throwing the bag, spilling drink all over the passenger in the other car.

The case has been dubbed the "McMissile" case and has attracted regional and national attention.

Court sources said CNN and several Washington television stations had requested cameras in the courtroom for the sentencing. No decision has been made on that request.

At Hall's trial, the jury had the option of convicting Hall of "unlawfully" throwing a missile, which would have given them the option of giving Hall no jail time.

But the jury was not aware of the two-year minimum before agreeing on the more serious charge.

Jim Ilijevich, a local defense attorney, said the missile statute is one of several that need some fine-tuning.

He said Hall was properly charged as the statute reads, but, "That statute is ridiculous. It doesn't really distinguish between a cup of ice and a bullet, and I can't believe this is what the legislature had in mind."

Ilijevich said he finds it "unfortunate" that Hall, who had no prior criminal record, is now a convicted felon.

Keith Epps: 540/374-5404
Email: kepps@freelancestar.com


The Missile statute

Virginia�s missile law has been on the criminal books since at least the 1920s, when it became punishable �for shooting at or throwing stones or other missiles at any train, car, vessel, motor or other vehicle.�

The punishment has re mained the same�two years to 10 years�through the years. At times the sentence was mandatory. but that was changed a few years back.

Some wordiness was deleted. At one point, the law said one �shall be deemed to be guilty.� More recently, the law says they simply are guilty.

The wording has changed on several occa sions through the years and more potential victims added. For example, added was �or cars on any railroad or other transportation com pany...� Watercraft became part of the law by 1960.

The statute has never mentioned McDonald�s or soft drink cups.



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Date published: 2/21/2007


Most recent reader comments:

Viewing 5 out of 8 comments. (Sorted in reverse order, with most recent post at the top.)

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Martyr is a Felon while JERK prevails (posted by marginal603 , Sep. 25, 2007 2:41 pm)   
VA legal system needs to be sued for the damage that you have done to this woman's reputation. FOREVER she will need to advise potential employers that she is a convicted felon. For WHAT?? Doing what every single one of us wish we could do when some JERK cuts us off -- How about the fact that the JERK cutting her off was ENDANGERING her small children and pregnant passenger?? I'd call that self defense!! Overturn this one and comp her for the time she has been away from her kids. She is a martyr to me.

TWO YEARS???? (posted by dogen6226 , Sep. 25, 2007 2:41 pm)   
The commonwealth of virginia's prosecutor just RUINED this woman's life by giving her a TWO YEAR prison sentence for throwing a paper sack at someone. This is not justice, this is abuse. No harm was done in this case except to this poor woman who has been ABUSED by the justice system. DISGUSTING.

Punishment Enough (posted by CncrndCitzen , Sep. 25, 2007 2:41 pm)   
For those that want to see Ms. Hall in jail for two years, I have one question. Have you no humanity? She has served sufficient time to understand what she did was wrong. She has spent time away from her children. She is currently separated from her husband who is "dodging bullets" in Iraq. She has been publically humiliated. I say, enough is enough! Let her pay with time served, a fine, some community service AND an apology to the people she threw the, "mcmissile" towards.

COULD have? (posted by YGBSM , Sep. 25, 2007 2:41 pm)   
I notice a sanctimonious tone in a lot of "could have caused a serious accident" postings about this case. If "could have" is our legal standard, we all need to lock ourselves up now, because we all COULD HAVE done potentially lethal things in a moment of stupidity. How about taking a breath, going to Wal-Mart and buying some common sense, and looking at what DID happen, which is that a smart-*** white boy from northern VA got a Dixie cup full of ice thrown in his lap. Could have? I'm not buying it.

This is Absurd (posted by jjpwee , Sep. 25, 2007 2:41 pm)   
Have any of you actually driven on that death trap 95? The root cause of the problem doesn't lie with Mrs. Hall, it lies with the jerk that cut her off. Road rage is a common occurence around this area and is getting worse as the population grows. Please people, get real.

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