Tears, hugs follow acquittal in incident that turned fatal

A Charlottesville man accused in an attempted robbery that turned fatal was found not guilty by a judge Tuesday after a daylong bench trial.

Not long after being acquitted of attempted robbery and a firearm charge, Levert Arelious Scott wiped his eyes and doled out hugs to his supporters on the front stoop of the Albemarle County Circuit Court.

Scott, 21, was charged in connection with an attempted robbery Sept. 17 at the University Heights Apartments. Authorities have accused Scott and his cousin Travis Scott and cousins Christopher Rawlings and Maricus Rawlings of going to Stacy Lamont Berry’s apartment to rob him of money and marijuana. The incident ended in gunfire that killed 23-year-old Travis Scott and wounded both Levert Scott and Maricus Rawlings.

Witnesses testified Tuesday that Levert Scott went to Berry’s apartment twice to purchase marijuana. During the second visit, witnesses said in court, the front door opened and Berry started shooting.

Assistant Commonwealth’s Attorney Elliot Casey said in court that authorities believed Levert Scott was in on the plan to rob Berry. Christopher Rawlings testified that he was in a car with Travis Scott when Levert Scott and Maricus Rawlings learned of the plans to take drugs and cash from Berry. Levert Scott testified that he thought the group was just going to buy marijuana.

During closing arguments, defense attorney Richard Davis said in court that the only evidence that likely isn’t in dispute is that his client was buying marijuana in the “illegal legal sense.”

“The facts are in significant dispute as to what, if anything, he heard at the time,” Davis said in court about the robbery plot

Witnesses testified that Levert Scott went to the apartment with Christopher Rawlings and bought $10 worth of marijuana. Travis Scott inspected the drug and then requested his own bag, witnesses testified, so Levert Scott went back to Berry’s apartment.

Levert Scott testified that he heard the front door jiggling a few minutes later, which is when Berry reportedly started firing at the door. Christopher Rawlings said in court that he and an armed Travis Scott were behind the door.

“[Travis] pointed it up and then Stacy started shooting,” Christopher Rawlings said in court.

After hearing a day’s worth of testimony, Circuit Judge Cheryl Higgins stated that she was “highly suspicious” of Levert Scott’s degree of knowledge about the planned robbery, but the evidence presented during the trial did not allow her to find proof beyond a reasonable doubt that he was involved.

Casey said after court that the case was very difficult, and that the judge paid close attention to the details.

“The court was very careful and deliberate with the evidence,” Casey said.

Levert Scott was not the only person charged in the attempted robbery. Berry was charged with second-degree murder in connection with Travis Scott’s death, but Albemarle Common-wealth’s Attorney Denise Lunsford chose not to prosecute the charge. Lunsford said in September that information from witnesses and the medical examiner made it clear that “we couldn’t go forward ethically” with the charges against Berry.

Maricus Rawlings entered an Alford plea to attempted robbery and was sentenced in April to a 10-year prison sentence with all but seven months suspended and two years of supervised probation.

The plea meant that Rawlings maintains his innocence while acknowledging that the prosecution had enough evidence to convict him.

His sentence amounted to time served because he had already served seven months while his case went through the court system.

According to court records, Christopher Raw-lings was convicted of attempted robbery. Informa-tion on his sentence was not immediately available.

Levert Scott said after court that he was pleased with the verdict and planned to continue with his life.