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Judge dismisses motion to remove Jan Smith as prosecutor in Hooper case — Rappahannock Record

Judge dismisses motion to remove Jan Smith as prosecutor in Hooper case

By Rappahannock Record Staff

July 31, 2019

by Lisa Hinton-Valdrighi

KING GEORGE—Despite requests by the victim’s family, Lancaster County Commonwealth’s Attorney Jan Smith will continue as the prosecutor in a case against John Randolph “Rand” Hooper of Richmond.

Hooper is charged with involuntary manslaughter and failure to render aid in the August 2017 death of Graham McCormick of Georgia. McCormick died as the result of a boating accident on Carter Creek in Lancaster County.

In King George County Circuit Court Tuesday, July 30, Judge Herbert Hewitt dismissed a motion by attorneys for the McCormick family to have Smith removed as the prosecutor.

“I am unpersuaded that they have a legal right that will be compromised,” said Judge Hewitt during his ruling.

Citing the Code of Virginia’s victims rights act, Judge Hewitt did not believe the McCormicks’ rights had been violated and there was no legal standing…