Homeless man guilty in panhandling case

By Reed Williams

Published: January 9, 2009

-- A Henrico County jury yesterday found a homeless man guilty of soliciting money in the roadway, and he was ordered to pay $300 plus court costs.

Robert S. Reynolds, defending himself before the jury on appeal, argued that he hadn't violated the ordinance because he hadn't solicited money but had only held a "homeless" sign on a median at Mechanicsville Turnpike and East Laburnum Avenue.

Reynolds, 52, left the courtroom looking defeated.

"I'm unhappy about it," he said. "I thought I stood a pretty good chance of winning."

Ordinance 22-181, adopted Aug. 12, prohibits soliciting money, distributing handbills or selling merchandise, including newspapers, on county roadways. Richmond Times-Dispatch executives objected to the measure.

Reynolds, 52, was accused of soliciting money Aug. 22 and Aug. 28 at the intersection. He noted yesterday that the ordinance only prohibits people from soliciting money while "standing" in the highway.

"I'm going to try to prove to you that I was not standing on the second offense -- that at all times, I was walking, sometimes walking backwards," Reynolds said in his opening statement.

But Chief Deputy Commonwealth's Attorney Duncan Reid, the prosecutor, said that Reynolds stood while accepting donations on both occasions.

Reynolds also claimed that by holding a homeless sign, he was not asking for money. There is no law prohibiting people from giving to others, he said.

"We live in a Christian society," he told the jury. "Giving to the poor is part of that. Are we going to outlaw that?"

Reid asked jurors to use their common sense. Obviously, Reynolds was seeking donations by holding up a homeless sign in a median, Reid said.

"He's got this sign that kind of twangs your emotional heartstrings," he said.

Reid also pointed out that the day after police issued the second violation, Reynolds was sitting in the median instead of walking or standing, and he waved a handful of money in the air at a police officer.

"He sat out there toying with the police," Reid said.

The ordinance is considered a traffic infraction, punishable by a fine of up to $250. Circuit Judge Catherine Hammond approved the jury's recommendation of a $100 fine on one of the counts and a $200 fine on the other.

Reynolds earlier had pleaded guilty in lower court but appealed the case to circuit court. Yesterday, it took the jury a half-hour to reach its decision.

Meanwhile, Reynolds said he hasn't abandoned his post at Mechanicsville Turnpike and Laburnum. He said he now sits on a bucket and puts down his sign when approaching stopped cars to collect money.

"I just don't like sitting down," he said.

He said he pays an acquaintance to let him sleep on her apartment floor.

He could appeal yesterday's decision to the Virginia Court of Appeals, but he said after the verdict that he probably won't bother.

"I don't think it's going to do any good."
Contact Reed Williams at (804) 649-6332 or .