Charges against Blacksburg lawyer Joseph Painter certified to a grand jury

CHRISTIANSBURG — Three felonies against a Blacksburg lawyer arrested in late February on gun and drug charges were certified to a grand jury Wednesday after a preliminary hearing in Montgomery County General District Court.

Joseph Painter, 66, has been charged with distribution of a Schedule IV controlled substance and two counts of selling or giving a firearm to a convicted felon.

Painter was arrested Feb. 26 after police received a call at 10:51 p.m. about a possible fight between a man and a woman in a car on North Franklin Street in Christiansburg, according to testimony. After officers located the car in the parking lot of the Super 8 motel on Laurel Street, a passenger in the vehicle, who is a former client of Painter, also was arrested.

Doris Ann Oliver, 22, is charged with two counts of possession of a firearm by a convicted felon and one count of possession of ammunition by a convicted felon. She testified Wednesday that after Painter represented her on a drug charge in 2010 and again when she violated her probation, she developed “somewhat of a sexual relationship” with him.

Oliver testified that she began doing clerical work at Painter’s law office and the two would go to movies and dinners. They had oral sex on one occasion, he had seen her naked several times and the two often kissed, held hands and hugged, she said.

Oliver waived her right to a preliminary hearing in June and was indicted by a grand jury in July. Her trial is scheduled for Sept. 23, according to online records.

Oliver testified Wednesday that on Feb. 26, she was in the process of checking herself into LewisGale Medical Center in Salem for substance abuse treatment when Painter showed up.

“In my diminished capacity, I left with him,” Oliver said.

Oliver said she asked Painter for money so the two went to a bank in Blacksburg. She testified that they then went to Painter’s house in Blacksburg, where she said Painter gave her Klonopin — a prescription medication often used to treat seizures or anxiety — and two firearms.

Oliver said Painter then dropped her off at the New River Valley Mall because he had to go to court. The two reunited and shopped at Walmart, and the pair went to a liquor store before drinking alcohol at Painter’s law office, Oliver testified.

That night, Painter was driving her to the Super 8 so that she would have somewhere to stay, she testified. She said Painter often paid for her hotel rooms because she did not have a permanent residence.

Painter was driving erratically on the way to the motel, often attempting to grab a cellphone out of her hand and circling the motel more than once, Oliver said. Martinsville Commonwealth’s Attorney Joan Ziglar, who has been appointed to prosecute Painter’s case, played a 911 telephone call in court Wednesday. During the call, a woman tells a dispatcher that an older man was running people off the road while a younger woman was trying to get out of the car.

Oliver testified that Painter never physically assaulted her but that the two were in a verbal argument because she wanted Painter to drop her off and leave her alone.

According to testimony from law enforcement officers, when police arrived at the parking lot of the Super 8, they found Painter and Oliver getting out of a car. Police found two firearms, a knife, yellow pills and marijuana in Oliver’s possession, according to testimony. She told police that Painter gave her the weapons and the pills, which were later determined to be Klonopin.

Painter had a prescription for Klonopin at the time but Oliver did not, according to testimony.

Painter’s co-counsel Randy Jones asked Oliver if she felt like she was taking advantage of Painter after receiving thousands of dollars from him over time.

“I felt like I was taken advantage of,” she said. “He knew I was addicted to substances. He also utilized that as a weapon against me.”

Through his questioning, Jones pointed to Oliver’s criminal history, which includes a grand larceny conviction, and to the fact that she had been doing live sex shows online before her arrest. He also asked her if she was attempting to extort money from Painter, to which she answered, “no sir.” She later said she was aware of a blackmail scheme to get money out of Painter but did not participate in it.

Oliver originally also faced misdemeanor charges of possession of a controlled substance, possession of controlled paraphernalia, possession of marijuana and possession of a concealed weapon, but those charges were dropped by county Commonwealth’s Attorney Mary Pettitt at Oliver’s preliminary hearing. Oliver was previously denied bond at a hearing in March and is currently incarcerated at Western Virginia Regional Jail.

Painter was also originally charged with driving under the influence on Feb. 26, but that charge was amended to reckless driving on Wednesday and then dismissed. Jones said during the hearing that the prosecution had not provided enough evidence for a reckless driving charge, and Judge Joseph Hess, a retired judge brought in to hear the case, agreed. After the hearing, Jones said that Painter had a blood-alcohol content level of 0.02 percent and a therapeutic level of prescription medication in his system on the night of his arrest.

Jones did not call any witnesses or present evidence Wednesday. Before the preliminary hearing began, Wade McNichols, who had been representing Painter, withdrew as counsel, stating that he may become an adverse witness in the case.

Painter walked with a cane and twitched throughout the hearing, often touching his face, licking his lips and squinting. He did not address the court, though he is acting as co-counsel with Jones. Painter said after the hearing that he has a physical disorder that causes involuntary movements and other mental health issues. He referred all other questions to Jones.

Painter was released on bond in March but was required to check into an inpatient treatment center for a period of time. He has since left that treatment program.

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