Motions Hearing Held for Convicted Accomack Arsonist - WBOC-TV 16, Delmarvas News Leader, FOX 21 -

Motions Hearing Held for Convicted Accomack Arsonist

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Tonya S. Bundick Tonya S. Bundick
ACCOMAC, Va.- Convicted Accomack County arsonist Tonya S. Bundick was back in court Monday morning for one last time before her trial in another arson case begins in mid-July.

Bundick, who was arraigned last month on the additional 62 counts of arson filed against her, was in court Monday to decide upon two motions entered in her defense. Bundick's attorney, Allan Zaleski, argued evidence surrounding the other 61 counts of arson should be not allowed in her upcoming trial, which will focus on just one of the counts filed against her. The judge ruled the Commonwealth could not discuss other evidence in opening statements, and during the trial, as long as evidence went toward proving Bundick's knowledge of the arson fires, it would be allowed. But the judge said he would be strict about what will be allowed.

"The judge said that he is keeping Mr. Agar in his opening statements at the trial in July from mentioning other incidents.  Which is a help.  And then we are going to take things as they come at the trial," said Zaleski.

The defense also requested full access to an FBI report about using scent hounds at the scene of the fire in question in this case. The commonwealth argued the report serves no purpose because the K-9s were only in town for two days before Bundick and Charles smith were arrested. But the judge said the defense may look through the report for any possible evidence.

Also Monday, prosecutors argued Bundick should be sentenced soon for the case in which she entered an Alford plea in back in January. The judge told the two sides to pick a date but Bundick's attorney told WBOC after court that he will fight against his client being sentenced before all her proceedings are over.  Zaleski argued that Bundick's fiance, Charles Smith, who plead guilty to 68 counts last October, should be sentenced first.

"Well the reason is that he won't have Smith sentenced, the Mr. Agar won't have any control over Smith.  It would be over with.  And who knows what he'll say," said Zaleski.

Bundick's trial begins July 14 in Virginia Beach.

For more background about the Bundick case, click here.

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