ACCOMAC, Va.- Convicted Accomack County arsonist Tonya S. Bundick was back in court Friday morning to be arraigned on the additional 62 counts of arson filed against her.
Prosecutors said they plan to start with count number 52 against Bundick, a fire that was set back on March 3, 2013, about a month before she and her former fiance, Charles Smith were arrested.
Bundick was first arraigned Friday on the 52nd arson charge against her and then she was arraigned on the remaining 61 counts. Bundick pleaded not guilty to all of her counts. The judge then granted a change of venue request and her first trial will get under way on July 14 in Virginia Beach just like her first trial back in January.
Bundick also requested a jury trial rather than a trial by a judge. Her trial in July will be her first of a possible 62 separate trials.
Smith, who was accused of setting a majority of the 77 fires during the four-month arson spree that occurred between November 2012 and April 2013, pleaded guilty last October to 67 counts of arson and one count of conspiracy to commit arson. A sentencing date also has not yet been set for him.
Smith will be the key witness in the first and each case against Bundick.
However, Bundick's attorney Allan Zaleski told WBOC that it does not matter which count the prosecution starts with. He said in a trial it will come down to Bundick's word against Smith's word.
"We can't see how any jury could say that he is the person that should be believed beyond a reasonable doubt," Zaleski said. "It's not whether or not you believe him or not, but that we are so confident he's right that we'll send someone to prison over it and I just don't think that's in the cards."
Prior to the first trial in July, there will be a motions hearing June 10 in Accomack County for any motions the defense or prosecution wish to make before the trial. Zaleski said he thinks he will file some substantial motions that could impact the evidence permissible in Bundick's case.
