CHESTERFIELD COUNTY, Va. -- A Chesterfield County woman who was arrested along with her husband after their young son's body was found in a freezer at their home no longer faces charges in connection with the case. The case, with more serious charges, against her husband and the boy's father, continues.
During a Circuit Court hearing that lasted less than five minutes, Deputy Commonwealth's Attorney Barbara Cooke made a motion to nolle prosse, or withdraw, the two charges that had been filed against Dina Weaver.
Weaver faced a felony for concealing a dead body and a misdemeanor for failing to get medical attention for an injured child.
In court, Cooke told Judge Lynn S. Brice they made the decision to withdraw after reviewing the evidence in the case and looking at levels of culpability.
"In reviewing the evidence in Ms. Weaver’s case as a whole, and in assessing culpability as it relates to the circumstances surrounding that evidence, the Commonwealth made a decision to not go forward on Ms. Weaver’s matter at this time," added Cooke in a written statement to CBS 6 afterward.
Judge Brice accepted the motion to withdraw the felony and approved a motion by Dina'a attorney, Greg Sheldon, to dismiss the misdemeanor charge with prejudice, arguing it was filed after the statute of limitations had passed.
Sheldon told reporters after the hearing that prosecutors had realized that Dina was a victim in this case as well and alleged she was emotionally and physically abused by her husband, Kassceen Weaver.
Since the initial arrests, Kassceen has been indicted on other charges including felony murder and aggravated malicious wounding -- the latter related to the alleged abuse against Dina.
Sheldon added that had Dina gone to trial, scheduled for later in October, he would have provided evidence related to the alleged abuse. He said that Kassceen controlled Dina's movements and did not allow her to have her own cell phone or car. He added that when the two were arrested, Dina had a black eye allegedly caused by Kassceen.
Kassceen, who is out on bond, will go to trial for the aggravated malicious wounding charge in April and will stand trial for the charges related to his son, Eliel Adon, in July.
Sheldon said Dina would be willing to testify for the prosecution at both trials.
Criminal defense attorney Ed Riley, who is not associated with the case, said such cooperation would be significant.
"Significant for the Commonwealth in that it buttresses, bolsters their case. What they had to that point was probably next to nothing. They had a dead body and two parents and now they have a witness that can give them some background, whatever that is," said Riley. "On the other hand, it is a significant blow to the defense case. And now they've got to contend with, 'How do we, in some way or another, neutralize this witness and/or show and bring this witness forward in a way that helps our case,' which would be a difficult proposition."
Sheldon said Dina will seek to have her record expunged so that she can resume work as a pharmacist. He added that the couple's other child, who was older than Eliel, remains in the foster care system and they are working to have them placed with someone in Dina's family.
This is a developing story, so anyone with more information can email newstips@wtvr.com to send a tip.
