Library intruder found not guilty on drug charges

Seth Newman, the man police say triggered the May 6 campus lockdown, has been found not guilty of a class one misdemeanor charge of possessing marijuana, and a class one misdemeanor charge of possessing an undefined schedule-three drug.

A judge decided Sept. 4 that there was not enough evidence to convict Newman of the charges.

"They are trying to convict the kid for his cough syrup," David Whaley, Newman's attorney, said before the hearing.

Common cough medicines such as Guaifenesin can be considered a schedule-three drug if a person possesses it without a prescription.

Newman was arrested July 29 for the second time since May 6 and taken to Henrico County Jail.

It is a class-one misdemeanor if a person is caught possessing marijuana for a second time or if the amount is less than half an ounce. Tim Mihalcoe, University of Richmond Police Department investigator, said he did not think Newman had any prior possession charges. A class-one marijuana possession charge carries a maximum penalty of 12 months in prison and a $2,500 fine.

Possession of schedule-three drugs, which include painkillers and anabolic steroids, carries a maximum penalty of up to six months in prison and a $500 fine.

Whaley previously said he thought officials at the university were pushing Newman's prosecution unnecessarily and were damaging his life. Newman had been accepted into college, but his application has been suspended because of a pending felony charge of wearing a mask in public -- stemming from his intrusion -- which will be separately tried in the City of Richmond.

Lt. Adrienne Murray of the University of Richmond Police Department said she sympathized with Newman's situation, but argued that his actions had been too serious to let go.

During the afternoon of May 6, police say Newman entered Boatwright Memorial Library, where employees said they saw him wearing a fake beard, a bucket hat, glasses and a brown jacket with the word "Sheriff" emblazoned on the back. He was also carrying a pellet gun in a holster at his side, police said.

Whaley said Newman had approached the library's information desk, told employees he was investigating fornication in the bathrooms and asked to be locked in all night. He then asked for staff to leave the lights on because he was afraid of the dark, Whaley said.

Newman was initially charged with two misdemeanors for impersonating an officer and for carrying a concealed weapon as well as a felony for wearing a mask in public, which refers to a law dating back to the 1950s when the Ku Klux Klan was much more visible. The misdemeanor charges, however, were dropped.