A juvenile-court judge held a July 16 hearing in the case against Michael Anthony Disanto, the Poquoson officer accused of holding a teen and a neighbor at gunpoint after an April crash. The judge found probable cause to certify four felony charges against Disanto.
Disanto faces several felony charges tied to the April incident, in which he is accused of pointing a gun at two people, according to WAVY.com. The case began when the 17-year-old was driving his truck on Blue Heron Drive, fell asleep, and hit a parked Poquoson Police Department cruiser, per the criminal complaint cited by the station. The teen said he could not find his phone and went back to get help from a neighbor friend, identified in earlier reporting as Russell Vogt.
What happened next forms the core of the criminal case against Disanto. He is accused of holding the teen and Vogt at gunpoint until other law enforcement officers arrived, the station's report states.
Teen Did Not Testify at July Hearing
At the July 16 juvenile-court hearing, the 17-year-old did not testify after his lawyer advised him to invoke his Fifth Amendment right.
Yates had previously sought dismissal, but a judge denied a similar motion, allowing the case to proceed to the preliminary-hearing stage.
Virginia Code § 19.2-215.7 addresses compelled testimony after invocation of the right against self-incrimination specifically for witnesses before a multi-jurisdiction grand jury, allowing compulsion by the presiding judge in that setting and limiting use of compelled testimony when the assertion is bona fide.
Case Heads to Grand Jury
Thursday's hearing is the latest turn in a case that has moved steadily through the York-Poquoson court system since spring. A juvenile court judge found probable cause in July to certify four felony charges against Disanto, and the charges would now go to a grand jury in York-Poquoson Circuit Court, according to the Virginian-Pilot. That outlet reported Disanto was charged with two counts each of abduction and using a firearm in a felony, and that prosecutors alleged he was off duty and outside his normal locality when the confrontation occurred.
Yates argued at that stage that his client had the authority to act under a mutual aid agreement between the York County Sheriff's Office and Poquoson police, the Pilot reported. Vogt did not recall Disanto identifying himself as law enforcement, while Disanto told investigators that he had. The case has also involved body-camera footage and Disanto's radio call.
The case has also seen a shake-up in its prosecution team. A new special prosecutor has been assigned to the case by the Gloucester Commonwealth's Attorney's Office after the sudden departure of the previous attorney, the station reported, though the circumstances behind that departure were not detailed.
Sentencing Exposure and What Comes Next
Reports on Disanto's potential sentencing exposure have varied. One WAVY.com report stated he is facing life plus 18 years imprisonment if convicted, while a separate Pilot report said the newly added felony charges exposed him to up to 28 additional years in prison.
The charges would now go to a grand jury in York-Poquoson Circuit Court.
