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Judge dismisses charge in Flint Hill malicious wounding case — not sufficient evidence to proceed

by | Dec 18, 2025

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A Rappahannock County District Court judge decided there was not enough “probable cause” to send a malicious wounding charge against Kenneth Allison to a grand jury after hearing testimony about a stabbing in Flint Hill in October.

“I don’t think there’s enough probable cause,” Judge Jessica Foster said from the bench. “That doesn’t necessarily mean this matter is over.”

Allison, 71, previously of Flint Hill, was charged with malicious wounding in connection with a fight he had with Shawn Hamrick of Orlean, who had been described in an earlier court hearing as being “like a son” or “stepson” to Allison.

Judge Foster considered the evidence presented, and said although there was testimony that a commotion was heard, there was no direct witness to the crime. She added that the victim, Hamrick, could not recall what happened.

Hamrick took the witness stand Tuesday, and Commonwealth’s Attorney Art Goff repeatedly asked what he remembered about the fight, how much he had to drink and how he got his injuries. Hamrick said he did not remember anything.

“This is your chance to tell what happened to your face,” Goff said to Hamrick, who had visible scars across his face and forehead.

“I don’t remember,” Hamrick answered.

Cecilia Brooks, Allison’s upstairs neighbor in a Fodderstack Road apartment, testified that she heard banging from the apartment below and went downstairs, where she found Hamrick bleeding — an account she had previously described in detail during a lengthy bond hearing last month. Brooks did not witness any fighting between the two men, she said, only the “aftermath,” and drove Hamrick to his home in Fauquier County, then called emergency responders.

During the fight, Hamrick received severe lacerations to his head, face and torso, and had to be lifeflighted to a hospital in Fairfax.

T. Brooke Howard II, Allison’s attorney, said “zero evidence presented” supported the malicious wounding charge’s severity. No malice was proven, he said.

The judge said the prosecution could still pursue a different, lesser charge. She told Allison he was free to go.

Author

  • Ireland Hayes

    Ireland joined Foothills Forum as a full-time reporter in 2023 after graduating from the University of Georgia’s Grady College of Journalism and Mass Communication with a degree in journalism and minor in music. As a student, she gained valuable experience in reporter and editor positions at The Red & Black, an award-winning student newspaper, and contributed to Grady Newsource and the Athens Banner-Herald. She spent three years as an editorial assistant at Georgia Magazine, UGA’s quarterly alumni publication, and interned with The Bitter Southerner.
    Growing up in a small town in Southeast Georgia, Ireland developed a deep appreciation for rural communities and the unique stories they have to tell. She completed undergraduate research on news deserts, ghost papers and the ways rural communities in Georgia are being forced to adapt to a lack of local news. This research further sparked her interest in a career contributing to the preservation of local and rural news.
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By Ireland Hayes

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Ireland joined Foothills Forum as a full-time reporter in 2023 after graduating from the University of Georgia’s Grady College of Journalism and Mass Communication with a degree in journalism and minor in music. As a student, she gained valuable experience in reporter and editor positions at The Red & Black, an award-winning student newspaper, and contributed to Grady Newsource and the Athens Banner-Herald. She spent three years as an editorial assistant at Georgia Magazine, UGA’s quarterly alumni publication, and interned with The Bitter Southerner. Growing up in a small town in Southeast Georgia, Ireland developed a deep appreciation for rural communities and the unique stories they have to tell. She completed undergraduate research on news deserts, ghost papers and the ways rural communities in Georgia are being forced to adapt to a lack of local news. This research further sparked her interest in a career contributing to the preservation of local and rural news.