Suspended third-year College student Andrew Alston, who faces charges of second-degree murder, appeared in Charlottesville General District Court for a preliminary hearing yesterday. Alston is accused of fatally stabbing 22-year-old Walker Sisk in the early hours of Nov. 8.
The hearing, held to determine whether there is sufficient evidence to put the case before a grand jury, consisted of testimony from two witnesses who were present during the night of Sisk's death: James Schwab, a fellow firefighter of Sisk's at the Seminole Trail Fire Dept., and Jeffrey Cabrera, a friend of Alston's. Although neither witness said he saw Alston with a murder weapon, Judge Robert H. Downer determined that there is probable cause to warrant a grand jury hearing, scheduled for Feb. 17 at 9:30 a.m. in Charlottesville Circuit Court.
If indicted, Alston will stand trial for the charges, facing up to life in prison if convicted. Despite objections from the defense, Downer denied bond until the hearing.
Wearing a black-and-white striped jumpsuit with shackles around his wrists and ankles, a somber-looking Alston was escorted into the courtroom by a sheriff's bailiff. Asst. Commonwealth Attorney Jon Zug then called Schwab as his first witness.
Schwab testified that on the night of Nov. 7, he and Sisk went to several bars on the Corner, ending up at Orbitz Billiards, which they left around 1:30 a.m. While walking up the east side of 14th Street on their way to Schwab's truck, they allegedly encountered Alston, his brother Kenny and two friends, walking in the same direction on the opposite side of the street.
"As you proceeded up 14th Street, did anything catch your attention?" Zug asked, referring to a diagram of the area that he presented to the court.
"Yes," Schwab said. "Somebody yelled out 'What the f*** are you looking at?'"
Schwab said one of Alston's friends made the comment, prompting a "bickering" match between Sisk and the individual as both groups advanced down 14th street toward the Wertland St. intersection. Eventually, Schwab said, an antagonized Sisk crossed the road but was held back by the "mouthy" individual's three friends, one of whom was Alston.
Schwab then testified that another member of Alston's party, later identified by Cabrera as Kenny Alston, fell to the ground with Sisk.
"I don't know if they tackled him or somebody tripped," Schwab said.
Cabrera later speculated that Kenny Alston was drunk and put his arms around Sisk for support, causing them to fall to the ground.
Standing with a parked car between himself and the altercation, Schwab said soon after he heard Sisk cry out in pain at least twice as Andrew Alston made a "hitting motion," which Schwab demonstrated for the court as a blow to the left side, leading with the index finger. Schwab said Sisk's demeanor changed immediately.
"He went quiet. He buckled up on the wall."
Standing next to his mother, whose arm was often placed through his, Alston remained unanimated throughout the proceedings, keeping his eyes focused on whoever was speaking.
Schwab said Sisk clutched his side as Alston continued the blows. When he went around the car, Schwab said he then hit Alston, who was standing over Sisk. After he mentioned the police, Schwab said three of the four individuals, including Alston, fled.
"I rolled Walker over," Schwab said. "There was blood from neck to waist."
Defense attorney Barry Boss started his cross-examination by asking how many alcoholic beverages Schwab and Sisk had consumed throughout the night, to which Schwab answered five or six beers. Boss was also critical of Schwab's account of the argument leading to the confrontation, the substance of which Schwab said he could not remember.
Using photographs of the intersection as well as Zug's diagram, the defense attempted to demonstrate that Sisk had crossed the street diagonally in order to cut off Alston and his friends. In addition, Boss stressed that it was dark and suggested that a car may have obstructed Schwab's view of the events.
Schwab admitted that he never saw a knife at any point.
When asked how long it took authorities to arrive after Alston and his friends ran away, Schwab replied, "It felt like an eternity."
Zug then called for Cabrera's testimony, who was with Alston that night. Cabrera said the group had been drinking for several hours, and that Alston's brother Kenny "could barely stand up." The individual who initially shouted at Sisk was identified as Bill, who Cabrera described as acting "rowdy" and "obnoxious" throughout the night.
Cabrera said Alston "definitely seemed intoxicated" that night, noting that he dropped a beer in O'Neill's Pub.
When the group encountered Sisk and Schwab, Cabrera said he initially expected the argument to taper off, but realized it would not when Sisk crossed the street.
Cabrera said he was standing in the street with Schwab when he saw Alston strike Sisk twice.
"It was just a really weird moment," Cabrera said. "It looked as if [Alston] had keys in his hands. It was a strange-looking punch."
Sisk dropped to the ground and there was blood on the car, Cabrera said. "Andrew just looked stunned. Jim was yelling that they had stabbed [Sisk]."
During cross-examination, Boss again started by focusing on the witness's level of intoxication. After several more questions, Cabrera said he was concerned that their friend Bill, not Alston, would get into a fight that night. Boss continued to emphasize Alston's initial role as a peacemaker between his friends and Sisk.
Despite ambiguous recollections regarding time estimations and the substance of the initial argument, much of the two witnesses' statements concurred. The defense, however, argued that certain important contradictory statements were made.
Like Schwab, Cabrera was unable to establish either the existence of a murder weapon or Alston's possession of such a weapon. As Boss made clear, this fact will feature prominently in Alston's defense.
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