• Will serve 2.5 years of 20-year sentence
• Prosecutor Art Goff fights back tears: ‘These are rough ones’
An emotional day in Rappahannock County Circuit Court Tuesday ended in a plea deal for Jeffery Dwyer, who will serve 2.5 years of a 20-year sentence for the sexual abuse of one of his two nephews who have come forward with allegations of abuse dating back to the 1980s when they were both minors in Rappahannock County.
Dwyer, 61, of Warrenton, was initially indicted on counts of aggravated sexual battery, sodomy, rape and indecent acts with a child, totalling over a dozen charges. By entering into a plea agreement, Dwyer pleaded guilty to two charges — sodomy with a minor under the age of 13 and aggravated sexual battery of a minor under the age of 13.
Judge William W. Sharp accepted the agreement, noting that from his experience as a prosecutor, he understood how hard “these cases” can be to prosecute, with a lapse of decades between their occurrence and prosecution.
Sharp said there is often “give and take” and “trade off that is needed … to get a conviction.” He said Dwyer will walk away with “two very, very serious sex offenses.”
The mutual decision of Commonwealth’s Attorney Art Goff and defense attorney Harold N. Ward Jr. to enter into a plea agreement was made Tuesday morning when a jury trial was scheduled, and 40 or so potential jurors were sitting in the courtroom waiting to be called to sit on the jury. All potential jurors were eventually dismissed. The draft plea agreement, handwritten and signed on a legal notepad, was finalized over a lunch recess.
The two charges in the agreement are related to the abuse of Robert “Bobby” Jenkins Jr. None of the charges related to Dwyer’s other nephew, James Jenkins, were prosecuted, a fact that made James Jenkins “very upset” with the prosecutor, Goff himself told the court.
Goff read the prosecution’s detailed proffer of evidence, describing abuse against Bobby Jenkins when he was nine and Dwyer, 20 years old — testimony that Jenkins would have told the jury if the trial were held. Both Bobby and James Jenkins were visibly upset while Goff read graphic details of the crimes, and victim advocate Patrick Fitzgerald went over to hold and console Bobby Jenkins in the courtroom.
“I’m sure it is not easy for either of you to listen to a pretty graphic and public discussion of what happened to you,” Sharp said. “Unfortunately, it’s necessary.”
Law enforcement was first made aware of Dwyer’s crimes after Bobby Jenkins “lost it” while filling out social assistance paperwork that asked about his physical and mental state, according to reporting by the Fauquier Times. He traveled to Dwyer’s residence in Fauquier County, the Times reported, shooting at him with the intention of killing him.
After he was arrested for attempted first-degree murder, Bobby Jenkins disclosed to investigators details of the abuse and molestation he endured as a child in Rappahannock County at the hands of Dwyer, his uncle. Bobby Jenkins received a two-year suspended sentence in relation to the shooting in Fauquier.
Jeffery Dwyer
Jeffery Dwyer being escorted into the Rappahannock County Courthouse on Jan. 18, 2024.
Charges were brought against Dwyer in relation to Bobby Jenkins’ allegations, and soon after his brother, James, came forward as a second victim.
James Jenkins chose to speak in court, voicing his objection to the plea deal. He stated that he has knowledge of other victims of Dwyer who have yet to come forward, which was one of the reasons he decided to speak out.
“He can deny whatever he wants, I know the truth, God knows the truth,” James Jenkins said. “I hope your place in hell is nice and warm.”
After court adjourned, Goff fought back tears discussing the “emotional“ case and its ultimate settlement, and said he is glad Dwyer changed his plea from not guilty to guilty, admitting some wrongdoing.
“These are rough ones,” Goff said to reporters. “At least some justice was served … I regret that as part of the plea negotiations, we didn’t go forward with James’ cases . . . . But that was, as the judge observed, part of the ‘give and take’ of plea negotiating. So I’m pleased with today’s result.”
Goff urged other victims of Dwyer to come forward so that the commonwealth can “continue to make sure justice is done in these matters,” and that “in light of this conviction today, there is nothing to be afraid of.”
Sharp asked Dwyer if he was satisfied with his counsel, to which he answered he was “very satisfied.” In a previous court appearance, at which Ward was not present, Dwyer made frustrated claims that he had not had many opportunities to consult with Ward or build his “incredible defense.”
Goff declined to prosecute the remaining charges against Dwyer at this time. Sharp noted that the decision not to prosecute those charges does not mean the alleged crimes did not occur or that Dwyer is not guilty of them.
When his day in court concluded, Dwyer was transported back to the RSW Regional Jail where he will be held awaiting sentencing, which is scheduled for Oct. 17 at 11 a.m.
Ireland Hayes is a reporter for Foothills Forum, a nonprofit organization that supports local news in Rappahannock County.
