State Alcoholic Beverage Control (ABC) officials are reviewing an incident where a University of Virginia student was arrested on felony charges after they mistook the water bottles she was carrying to be a 12-pack beer. On Thursday, prosecutors dropped the charges against 20-year-old, Elizabeth Daly.
The incident in question occurred on April 11, when Daly went to a Harris Teeter store in Barracks Road Shopping Center, Charlottesville. After purchasing a blue carton of LaCroix sparkling water, cookie dough and ice cream from the grocery store, she was confronted by six men and a woman at about 10:15 p.m., while walking towards her car.
Suspecting that Daly was carrying a case of beer, one of the agents jumped on the hood of her car and another one pulled out a gun. Not knowing what to do, Daly attempted to flee from the scene along with her two roommates. In the process, Daly's SUV struck two agents.
"They were showing unidentifiable badges after they approached us, but we became frightened, as they were not in anything close to a uniform," Daly said. "I couldn't put my windows down unless I started my car, and when I started my car they began yelling to not move the car, not to start the car. They began trying to break the windows. My roommates and I were ... terrified."
Daly said that while they were pulling their car from the parking lot, they made a 911 call to report the incident and to ask whether the agents were officers. The operator confirmed that the officers were law enforcement officers. Prosecutors said that Daly then stopped the car and apologized.
Kathleen Shaw, an ABC spokeswoman said that the agents were working in the area that night to look into violations of underage possession enforcement. Shaw said a female agent noticed, 'what appeared to be an underage person in possession of what appeared to be a case of beer, and approached her to investigate.'
"The agent identified herself as a police officer and was displaying her badge. Rather than comply with the officers' requests, the subject drove off, striking two officers. She was not arrested for possessing bottled water, but for running from police and striking two of them with a vehicle," ABC's statement said.
The agents charged her with two counts of assaulting a law enforcement officer and one count of eluding police, all Class 6 felonies carrying a maximum penalty of five years in prison and $2,500 in fines per offense. Daly had to spend a night in the Albemarle-Charlottesville Regional Jail.
"The agents were acting upon reasonable suspicion. This whole unfortunate incident could have been avoided had the occupants complied with law enforcement requests," the agency said.
Daly statement said:
"This has been an extremely trying experience and one that has called into question what I value most: my integrity, honor and character."
"Cookie dough and ice cream for a fundraiser should not put you through an extremely degrading night and afternoon in jail, appearing in court, posting bond, having to pay an attorney ... not allowed to leave the state, causing you endless nights of no sleep, [a]ffecting your school work and final exams, wondering if you would be dismissed from school, wondering how this would damage your reputation and ability to get a job, all while waiting on pins and needles to see what the Commonwealth is going to offer you."
