I was arrested on May 6, 2008, and to this day I have proclaimed my innocence and continue to fight to prove my innocence. I was arrested for murder and was eventually charged with one count of 1st degree murder and one count each of three fire arms charges.

I was arrested on the sole testimony of what later became my “co-defendant”, Justin M Davis. Even though his testimony changed six different times, and the police admitted to not believing all or part of that testimony. I was still arrested. I immediately knew that I was being framed for this crime to save Justin Davis.

To better understand this case, you must know that Justin Davis was the son of Amherst County Deputy Sheriff, Steve Davis, an officer in the same county where this crime occurred. His father was instrumental in the first statement made to Amherst Investigators regarding Justin Davis’ pistol having gone missing. Then the next day, with his fathers guidance, Justin changed his story, saying that his gun was stolen by me, and that he witnessed me commit the crime while he was driving.

Even though Justin Davis put himself at the crime scene, investigators only arrested me, and Justin was not arrested until nearly 4 weeks later. His arrest came only after the State Police took over the case, and he made what was his 3rd and 4th statements.

Then the Amherst County Prosecutor, Stephanie Madox, stepped down from the case under suspicion and Special Prosecutor, Marsha L. Garst from Harrisonburg was appointed the case. Forensic evidence in the form of ballistics, DNA, surveillance, fingerprints, trajectory, phone records, and the property were analysed. Despite all of the evidence, nothing could be used to show my guilt, and in fact, most of it proved my innocence. As a result, the Prosecutor turned to 4 individuals to use as “snitches” to bolster its non-existent case.

The prosecution and its snitches all denied giving or receiving benefits for their testimony, however, after years of fighting, I obtained evidence to the contrary. In fact, my case file was given to the Prosecutor in one of the snitches case, to presumably give that snitch case sensitive information because I had never spoken to that individual.

One huge development was the discovery of the trajectory evidence in my case. When the investigators measurements and photographs that were logged into their reports. They also notated that a trajectory analysis was done: however, to this day it has never been released, I have affidavits and trial records where they denied its existence.

This is critical because the crime is alleged to have happened on a narrow, one lane in either direction road, where someone shot the victim, Justin Baumgardner, from another vehicle as both were driving down the road. What is significant, is that the victim’s low ride truck was much shorter than my lifted truck, the alleged vehicle used in the crime. Had a gun been fired from my truck, the trajectory would have been up to down, instead the police measurements show a trajectory of down to up or level.It is curious that the analysis of these measurements is clearly recorded in police reports, yet it has never surfaced and has been denied by both Amherst and State Police investigators.

It should be noted that the Prosecutor specifically requested that casings collected at the crime scene and submitted for DNA testing, not be tested. On January 12, 2012, I was able to secure an evidentiary hearing in regards to having the casings tested, which was denied. I would submit that stopping the DNA test had more to do with preventing a positive match for Justin Davis, which would have made framing me a difficult proposition. It also kept me from obtaining evidence that would prove my innocence.

Both my trial and appellate attorneys were ineffective in their handling of my case, even as court appointed attorneys. My trial attorney, Gregory Smith, did not prepare for the introduction of evidence he could not understand despite his admission of not understanding technology. My appellate attorney, Grady Donaldson, failed to submit an appeal that met the requirements of law and resulted in a “granted in part”, State Habeas Corpus petition.

There were a multitude of missteps, mishandling, witness intimidation, witness coercion, evidence tampering and other police misconduct. The Prosecutor was also complicit in the frame, to save a cop’s son 20-30 years. The record is rife with evidence and admissions of the mishandling.

My first appeal to the Virginia Courts was denied, and my first State Habeas Corpus was “granted in part” on one ground, resulting in a delayed appeal to Virginia Supreme Court. After oral arguments on February 12, 2013, they denied my appeal, refusing to even address my first ground for appeal that could have resulted in an automatic reversal of my case.

I then submitted my Federal Habeas Corpus on March 15, 2013: however, the Court denied the petition as untimely, not recognising my belated appeal as my first “properly positioned” appeal and calculating my 1 year time limit from that date. I represented myself in the Habeas Corpus.

With every passing day new information comes to light. Several individuals have come forward with new information, and evidence of my innocence continues to build. The greatest issue with most individuals who have information about my case, is that they are fearful to go public with that information because of what the County may do to them.

It is quite tragic that the victim, Justin Robert Baumgardner, was killed, but I did not commit this murder and am innocent of all charged. I desperately need your assistance in proving my innocence, and I hope you can be instrumental in this.
-Tim Wright Jr-

*This site contains 85% of my case information. There are 47 CD-DVD’s containing information, but due to the sensitive nature, can not be posted to this site. The CD’s & DVD’s are available, upon request, for viewing.*