Attendees at Virginia Attorney General Ken Cuccinelli's fundraiser Saturday night at the Fairfax Station Railroad Museum were greeted by a candlelight demonstration urging the attorney general to abandon the state's case against Justin Michael Wolfe.
A federal judge overturned Wolfe's conviction related to the 2001 murder of Daniel Robert Petrole Jr. and has ordered Wolfe's release. Wolfe remains in jail pending further decisions in federal court regarding the state's appeal.
In the appeal, attorneys for the state argue that U.S. District Judge Raymond A. Jackson overstepped his authority in barring further prosecution of Wolfe related to Petrole's murder.
Owen Merton Barber IV admitted that he shot Petrole and testified against Wolfe in 2002. However, Barber subsequently changes his story several times before telling Jackson in 2010 that Wolfe had nothing to do with the murder nor did he intentionally assist in Barber's actions on the night of the murder.