Case Overview
On March 15, 2001, Daniel Robert Petrole, 21, was killed by Owen Barber IV, 22. Owen shot Danny nine times at close range. After being on the run for three weeks, Owen and his girlfriend were found in California and Owen was brought to Manassas county jail. After 2 weeks in jail and being threatened with the death penalty, Owen claimed that Justin Wolfe, 20, asked Owen to murder Danny to escape his drug debt. In exchange, Owen claimed that Justin offered to excuse Owen's debt to Justin of $3,000.
Danny, Owen and Justin all sold drugs. Danny sold expensive marijuana called "kind bud" which Justin and other dealers bought from Danny and sold to friends. Owen sold inexpensive marijuana called "schwag," which he bought elsewhere and sold locally. While investigating Danny's death, detectives found $500,000 worth of drugs and cash on his person and in his home.
When Justin was accused of this "conspiracy to commit murder", the police called him and told him he could turn himself in or they would come get him. When Justin asked his friend to take him to the police station, his friend offered to put him in the trunk and drive him across the border. Justin said he knew he had to face the drug charges in order to clear himself of the murder charges, so he turned himself in.
Shortly after his arrest, Justin's charges were changed from conspiracy to commit murder to murder for hire; a much harsher capital offense in which the death penalty can be applied. The trial was set for the following January. After three weeks of trial and testimony, Justin was found guilty after a single hour of deliberation and sentenced to death. Owen had made a deal - in exchange for testifying against Justin, Owen would not face the death penalty, and his girlfriend would not face any charges. Owen was sentenced in June to 60 years in prison, with 22 years of his sentence suspended.
After the trial, Justin's lawyer admitted that he had never tried a capital murder case. He also admitted that he made many mistakes in the handling of Justin's case. Subsequent to Justin's trial, his former attorney was accused of mishandling other cases and was disbarred. Several jurors have signed affidavits attesting to the poor handling the jury thought Justin's attorney had done. At least one witness admits information revealed after the trial by a witness who was never called to the stand may have changed her decision.
Justin's conviction relied almost entirely on cell phone records and the testimony of four men, all of whom were involved in drug dealing and all of whom made deals in exchange for their testimony. The cell phone records showed that Owen called Justin many times that evening, but after the trial, an article was written that strongly disputed the testimony regarding those records. Indeed, careful investigation and re-creation of the phone calls that Owen testified about casts serious doubt on his testimony and the circumstances of the calls themselves.
Justin has maintained his innocence in connection with Danny's murder. His story hasn't wavered from the beginning. He admits he made a big mistake getting involved in dealing marijuana, but he knows that he had nothing to do with Owen's decision to murder Danny.
At this time, Justin's appeals in the Virginia state courts have been denied. His case has now moved into the federal appeals process. Justin's execution had been scheduled to take place on July 27, 2005, but the United States District Court for the Eastern District of Virginia has issued a temporary stay of execution pending the filing of a federal habeas petition.
There are still many unanswered question in this case. There are also many people who could have helped Justin, but did not testify because they wanted to avoid drug- or murder-related charges themselves. Many of the witnesses that testified against Justin did not tell the whole truth. If you know anything about the events related to this case, we ask that you please contact us. Your confidentiality will be honored.