VA - Cullen, 1, Emily Bivens, 24, & Joan Bernard, 62, Pittsylvania, murdered, 26 Aug 2019 *Arrest*

[gitana1]

I don't think the officers knew he had murdered three family members at that point. Only that he was a grown man running thru the streets naked. Police officers are not clairvoyant. Personally I wish they would have shot him. He was sane enough to run and hide...jmo

They did. He came running out of the woods? after they had set up a staging area to find him after they discovered the bodies.

 

[gitana1]

LE knew he had killed his family. A BOLO was immediately issued. They followed protocol. He was not armed, we don't usually shoot unarmed naked people in Virginia. This is very rural farm land, few houses, open fields, and a campground, no real streets to speak of. It's barely a two lane road, unlined and curvey. That would be a law suit for sure. Two or three of LE could have physically taken him out, at any point.

Why would we choose to shoot anyone, when we could capture without harm?

JMHO

Because he was attacking cops and people. I mean if he didnt actually choke a man, fine. Release the hounds.

And don't get me wrong - I understand what you're saying and agree that if they can take someone alive, without them harming another, they should. I also agree that the mentally ill are too often dealt with in a shoot first, try to control the situation later.

As for the reason for that, (not that I'm trying to justify it), there was an LA Times article a few days ago about how in certain jurisdictions LE is refusing to go out to calls about mentally ill people threatening to harm themselves. They say the encounters are too dangerous both for the mentally ill person and the cops who sometimes get killed.

I found it:

Police fear ‘suicide by cop' cases. So they've stopped responding to some calls

I sympathize with the decision not to respond to such calls.

 

[Mary Mallon]

I noticed some people questioning the case being in Juvenile Court. In Virginia, since the case was domestic (Matthew Bernard killed his family) , Matthew will be arraigned in Juvenile and Domestic Relations Court. Anything else will take place in Circuit Court.

 

[gitana1]

The Sheriff stated in presser he knew the family. I feel sure LE knew this was NOT normal for this kid. A very small community everybody knows everybody.

There's been no official determination of mental illness. He was fine the day before. Expressed to his mother he was having weird dreams was the only red flag. One relative has stated MI, but she does not live in the area any longer.

JMHO, I'm thinking brain tumor, head injury or maybe mental illness. He just has a confused look in all the video. Its like he's just does not comprehend or process what is happening. He beat his head on the cage in the police car. He was taken to the local hospital due to head injury and transferred to a Trauma Center in Roanoke and then taken to jail. The next day he was unable to appear in court and has been hospitalized.

Something is definitely wrong either mentally or physically.

JMHO.... I can add the links if I need to....

It's the perfect age for onset of schizophrenia or bi-polar with psychosis.

What's terrifying is how quickly it escalated from bad dreams to murder. I mean people always argue that mentally ill people aren't typically a threat. So this is alarming as can be.

 

[gitana1]

I noticed some people questioning the case being in Juvenile Court. In Virginia, since the case was domestic (Matthew Bernard killed his family) , Matthew will be arraigned in Juvenile and Domestic Relations Court. Anything else will take place in Circuit Court.

Strange! Thanks for explaining.

 

[Mary Mallon]

I live in this area. Probably 15 minutes from where the incident took place. While people do have ways of getting drugs if they want, there is absolutely no Bath Salts or pcp presence. Matthew obviously, could have gotten those drugs from the Dark Web, buts it's highly unlikely due to who he was. Mathew and his family were heavily involved with the local Church of God, which is a large church with a large congregation. While I personally didn't know Mathew, I knew members of his family and know people that knew Mathew. Everyone says he was a good kid and his main character flaw was that he was a bit over zealous about his religion. I personally don't think drugs were involved. It was most likely mental illness/brain tumor, as mentioned earlier.

 

[realanastasia]

Everyone says he was a good kid and his main character flaw was that he was a bit over zealous about his religion.

Religious psychosis or religious mania seem to be somewhat common manifestations of some mental illnesses (schizophrenia/schizoaffective disorders, in particular), so I think it's noteworthy that he had a reputation as a particularly zealous adherent of his particular flavor of Christianity. (Links below discuss perceived connections between extreme religiosity and mental illness).

Religion, Spirituality, and Schizophrenia: A Review
How Do You Distinguish between Religious Fervor and Mental Illness?

P.S. I like your username--have you read the biography of her written by the (late, great) Anthony Bourdain? I highly recommend it.

 

[Mary Mallon]

Religious psychosis or religious mania seem to be somewhat common manifestations of some mental illnesses (schizophrenia/schizoaffective disorders, in particular), so I think it's noteworthy that he had a reputation as a particularly zealous adherent of his particular flavor of Christianity. (Links below discuss perceived connections between extreme religiosity and mental illness).

Religion, Spirituality, and Schizophrenia: A Review
How Do You Distinguish between Religious Fervor and Mental Illness?

P.S. I like your username--have you read the biography of her written by the (late, great) Anthony Bourdain? I highly recommend it.

I have not read Anthony Bourdain's book and was not as aware of her cooking as much as her typhoid. I guess her cooking is the way she spread the typhoid even though she didn't believe it.

 

[Simply Southern]

Because he was attacking cops and people. I mean if he didnt actually choke a man, fine. Release the hounds.

And don't get me wrong - I understand what you're saying and agree that if they can take someone alive, without them harming another, they should. I also agree that the mentally ill are too often dealt with in a shoot first, try to control the situation later.

As for the reason for that, (not that I'm trying to justify it), there was an LA Times article a few days ago about how in certain jurisdictions LE is refusing to go out to calls about mentally ill people threatening to harm themselves. They say the encounters are too dangerous both for the mentally ill person and the cops who sometimes get killed.

I found it:

Police fear ‘suicide by cop' cases. So they've stopped responding to some calls

I sympathize with the decision not to respond to such calls.

gitana1, I do respect you and valve your opinion.

Comparing LA and Keeling, VA is like night and day.

There's just no words to explain living in an area like Keeling or other rural communities. Many folks flock to our rural areas from around the country. Land is cheap, lots of it, low property tax, low crime, etc. They are in culture shock the first year. The friendliness, jumping in, helping them (for free), giving them all the fresh veggies you can eat, and all the covered dish dinners, make them very suspicious we're faking it or just really stupid.

If LE had shot and killed this kid , we'd be front page and center for it. Every advocacy group in the county would be all over it. Someone is always displeased with whatever outcome.

This is sad, heartbreaking for all.

Anytime a life is saved, it's a good thing.

Jmho

 

[MimosaMornings]

At this moment in time, my thoughts are of Blake and his father. How do you recover from such a horrific nightmare?

Is it worse if it had been a stranger that had killed the members of this beautiful family? Or worse because it was a brother/son?

As we gather with our friends and family this Labor Day weekend - take a minute to say a prayer that their faith and community provide the healing and love they need.

 

[stg]

At this moment in time, my thoughts are of Blake and his father. How do you recover from such a horrific nightmare?

Is it worse if it had been a stranger that had killed the members of this beautiful family? Or worse because it was a brother/son?

As we gather with our friends and family this Labor Day weekend - take a minute to say a prayer that their faith and community provide the healing and love they need.

Those are deep questions that made me ponder awhile. I don't think it can get any worse than losing a spouse and/or child, so whether stranger or brother/son, I cannot fathom the pain the surviving spouses are going through. I suppose the fact it was a close family member who was the perpetrator makes it "that much worse," but I don't think it would be much easier if it were a stranger at a basic emotional level, if that makes sense.

My prayers go out to these two men. Such an awful story.

 

[Quill]

So do you think the officers knew he was nuts?

Nuts? Do you mean mentally ill, perhaps? No, I don't think they knew that. But they knew him and his family and they knew something was terribly wrong. Try putting yourself in that place for a minute.

 

[oceanblueeyes]

I noticed some people questioning the case being in Juvenile Court. In Virginia, since the case was domestic (Matthew Bernard killed his family) , Matthew will be arraigned in Juvenile and Domestic Relations Court. Anything else will take place in Circuit Court.

Thanks for the interesting information.

Wow, I have never heard of that happening before though when the murderer was 18 years or older.

In all the other cases I can recall if the offender was of adult age it would be handled in adult court. The ages of their victims or the relationship didnt change that status.

Can you please explain to me why this state does it this way when the offender themselves are legal adults at the time of the murders?

Why is it handled differently if the offender is kin to the victims? Do they receive the same harsh punishment if convicted as all other adult murderers?

If a trial is held will it be held in superior court or still be done by a judge in juvenile court?

TIA

Jmho

 

[oceanblueeyes]

At this moment in time, my thoughts are of Blake and his father. How do you recover from such a horrific nightmare?

Is it worse if it had been a stranger that had killed the members of this beautiful family? Or worse because it was a brother/son?

As we gather with our friends and family this Labor Day weekend - take a minute to say a prayer that their faith and community provide the healing and love they need.

Honestly, I think it is far worse when the murderer is someone the family members have known, trusted, and loved.

To me it has to feel like the ultimate betrayal of all to bear.

My prayers are with them all.

Jmho

 

[oceanblueeyes]

Strange! Thanks for explaining.

I'm glad I'm not the only one that thinks that procedure is strange.

In fact I had never heard of that before in all of the cases I've followed.

Jmho

 

[mhughessc]

Nuts? Do you mean mentally ill, perhaps? No, I don't think they knew that. But they knew him and his family and they knew something was terribly wrong. Try putting yourself in that place for a minute.

Perhaps another reason why they tried so hard to take him without violence is because, as a small town, they knew everyone (family included) would be desperate for answers.

 

[gitana1]

Perhaps another reason why they tried so hard to take him without violence is because, as a small town, they knew everyone (family included) would be desperate for answers.

Gosh I don't k ow if they can get any. How can you explain the inexplicable?

 

[gitana1]

gitana1, I do respect you and valve your opinion.

Comparing LA and Keeling, VA is like night and day.

There's just no words to explain living in an area like Keeling or other rural communities. Many folks flock to our rural areas from around the country. Land is cheap, lots of it, low property tax, low crime, etc. They are in culture shock the first year. The friendliness, jumping in, helping them (for free), giving them all the fresh veggies you can eat, and all the covered dish dinners, make them very suspicious we're faking it or just really stupid.

If LE had shot and killed this kid , we'd be front page and center for it. Every advocacy group in the county would be all over it. Someone is always displeased with whatever outcome.

This is sad, heartbreaking for all.

Anytime a life is saved, it's a good thing.

Jmho

Well I'm glad you're trying as I am taking your word for it. I can imagine at least.

And your firsthand perspective has really changed my attitude about it. I guess it's almost more like close friends/family. Tight knit. It sounds like a lovely way to live.

 

[Mary Mallon]

Thanks for the interesting information.

Wow, I have never heard of that happening before though when the murderer was 18 years or older.

In all the other cases I can recall if the offender was of adult age it would be handled in adult court. The ages of their victims or the relationship didnt change that status.

Can you please explain to me why this state does it this way when the offender themselves are legal adults at the time of the murders?

Why is it handled differently if the offender is kin to the victims? Do they receive the same harsh punishment if convicted as all other adult murderers?

If a trial is held will it be held in superior court or still be done by a judge in juvenile court?

TIA

Jmho

The arraignment (initial official appearance in court where the individual is officially charged with the crime, in court, by a judge) is held in what Va. calls Juvenile and Domestic Relations Court (J&DR for short) because the crime was domestic in nature. This is the only part of the process that will be in the J&DR court. The other two courts Va. has is General District (traffic & misdemeanors) and Circuit (Felony). After Matthew's arrangement in J&DR Court. His charges will be certified by a judge. This means a judge will be presented the evidence, both the prosecutor and defense will be able to present limited evidence. This step may happen before a General District judge (I'm not 100% on that). The certifying of charges by a judge is in place of a Grand Jury, since he was arrested immediately his after his crime, there was no indictment. Next, Mathew will face a judge in Circuit Court at what is called a "Docket Call" he will make his plea (guilty, not guilty, alford, nolo contenedre) in the court of which he will be tried, Circuit Court, and a date on the Docket calendar will be set to try the case if he pleads not guilty by any means (insanity). If he pleads guilty, alford, or nolo contenedre (no contest) he will move to sentencing. If he pleads not guilty he will be tried in Circuit Court. If Matthew is found guilty in Circuit Court he will move to the sentencing phase. A pre-sentencing report will be ordered. A probation officer will sit down with Matthew a go over a brief criminal history and drug and alcohol abuse history. The probation officer will set Matthew's sentencing guidelines based off this report. The Circuit Court Judge will base Matthew's sentence off this report. I hope this helps!

 

[Mary Mallon]

The reason the Va. State Police is giving for it's lack of deadly force is that he was not an immediate threat. He was naked and, theoretically, without weapons. In the video of the arrest the officer kept his distance and deployed pepper spray. The officer didn't have a tazer as only Va. State Police swat team members have tazers. Once the pepper spray was ineffective he used his batton. The reason given for the Va. State Police officer's distance from the suspect was to keep the suspect from gaining control of the officer's weapons. They knew he was captured. He wasn't getting far. And the suspect was obviously in some sort of distress.