The Waverly Two: A Timeline of Injustice and Freedom
On April 25, 1998, Officer Gibson was fatally shot in the woods behind the Waverly Village apartment complex. Before succumbing to his injuries, he described his assailants, noting that one had dreadlocks. Despite this description, which did not match either Richardson or Claiborne, both men were arrested and charged with capital murder. Richardson pleaded guilty to involuntary manslaughter, receiving a five-year sentence, while Claiborne pleaded guilty to being an accessory after the fact and was released for time served. The case took a perplexing turn when federal prosecutors later charged both men with drug offenses related to the incident. In 2001, a federal jury acquitted them of murder but convicted them on drug charges. Despite the acquittal, Judge Robert Payne employed "acquitted conduct sentencing," a legal mechanism that allows judges to consider charges for which defendants have been acquitted when determining sentences. This led to both men receiving life sentences.
The case of Terrance Richardson and Ferrone Claiborne
The State Court Guilty Pleas
Racial Injustice and Targeted Policing
Federal Trial and Life Sentences
1998
In 1998, Claiborne and Richardson were falsely accused of killing a police officer in Waverly, Virginia. In fear of the death penalty and at the urgency of inadequate Attorney's, they accepted unprecedented plea deals.
2000
In 2000, after mounting public pressure, the FBI arrested and tried both men for the same murder. A Federal jury found both men not guilty of murder, but the Judge still sentenced them to life.
2017 - 2020
In 2017, Jarrett Adams was brought to the attention of Richardson and Claiborne case, in which he grew suspicion of the eye-witness testimony. Adams then requested Richardson’s federal investigation file that contained thousands of pages of documents that were not turned over and were favorable for the defense in the state case. Recognizing potential miscarriages of justice, The Law Offices of Jarrett Adams took on the case.
By 2018, Jarrett Adams had filed several petitions in Virginia courts on behalf of Richardson, challenging the validity of their convictions and sentences. These petitions highlighted procedural errors and the controversial use of acquitted conduct in their sentencing.
Uncovering New Evidence
Jarrett Adams's investigation led to the discovery of significant evidence that had not been presented during the original trials. This included:
Eyewitness Testimony: A statement from a 9-year-old witness at the time, describing a suspect with dreadlocks—neither Richardson nor Claiborne matched this description.
Anonymous Tip: A tip identifying another individual as the potential shooter, which had been overlooked during the initial investigation.
Court of Appeals Filings
2021: Petition for Writ of Actual Innocence
In December 2020, Adams submitted a petition for a writ of actual innocence to the Virginia Attorney General's office. This legal move aimed to overturn the previous convictions based on the newly uncovered evidence and procedural violations during the original trials.
2022: Advocacy and Public Engagement
Throughout 2022, Adams intensified his advocacy efforts, utilizing media platforms to raise awareness about the case. He highlighted the systemic issues exemplified by the "Waverly Two" and called for criminal justice reform. His efforts were featured in various publications, shedding light on the complexities and injustices of the case.
2024: Legal Proceedings and Challenges
In May 2024, a significant hearing was held in Sussex County Circuit Court to examine the potentially exculpatory evidence Adams had uncovered. Despite presenting compelling arguments, the court admitted only a portion of the new evidence, posing challenges for the legal team's efforts to overturn the convictions.
‘Waverly Two’ gets to go home after decades as Biden grants clemency
On January 17, 2025, President Joe Biden granted clemency to Richardson and Claiborne, commuting their life sentences. This decision was a monumental step towards justice, acknowledging the flaws in their convictions and the excessive nature of their sentences.
Despite the commutation of their sentences, Adams continues to advocate for the full exoneration of Richardson and Claiborne. He remains committed to clearing their names and addressing the systemic issues highlighted by their case.