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12-pack of water sparks UVA student’s arrest

Posted 11:13 PM, Jun 28, 2013
and last updated 1:53 PM, Jul 01, 2013

CHARLOTTESVILLE, Va. (WTVR) -- A trip to a Charlottesville grocery store landed one Henrico woman behind bars. She still can’t believe how quickly things spiraled out of control.

What the UVA student didn’t know was that Virginia Alcohol and Beverage Control agents were on the lookout for underage drinkers that April night.

ABC agents thought Elizabeth Daly was carrying a 12-pack of beer as she walked out of the Harris Teeter grocery store in the Barracks Road Shopping Center, in Charlottesville.

They now know it was a box of La Croix sparkling water. Daly declined to comment on camera, but told CBS 6 she and her friends were frightened when people--agents in plain clothes--quickly surrounded the group.

She contends the people never identified themselves as Virginia ABC agents. That’s disputed in court documents and by ABC officials, who told CBS 6 News that the female agent approached Daly and showed her badge.

The ABC told CBS 6 that agents were working in the area, concentrating on underage possession enforcement. They said that an agent "observed what appeared to be an underage person in possession of what appeared to be a case of beer, and approached her to investigate."

According to the ABC, the agent identified herself as a police officer and was displaying her badge. Other agents did not join the incident until the subject refused to cooperate.

"Rather than comply with the officers’ requests, the subject drove off, striking two officers," read the statement. "She was not arrested for possessing bottled water, but for running from police and striking two of them with a vehicle.”

John Whitehead, with the Rutherford Institute, said the girls "could have been killed."

"When you have an agent jumping on a car, showing a gun it could go off by mistake and I’ve seen that happen around the country," Rutherford said.

After her friend verified through a 911 dispatcher that the officers were legit, Daly eventually pulled over when signaled by an ABC agent in pursuit. She was arrested on felony charges of assault and battery on a police officer and eluding police.

Daly said she spent the night in a Charlottesville jail.

This week the Commonwealth’s Attorney in Charlottesville opted not to prosecute Daly, saying he didn’t see a reason to do so. She walked away from the courthouse eager to put this ordeal behind her.

Daly released a statement to CBS 6.

“This has been an extremely trying experience and one that has called into question what I value most; my integrity, honor and character. It is something to this day I cannot understand or believe has come to this point.

Cookies dough and ice cream for a fundraiser should not put you through an extremely degrading night and afternoon in jail, appearing in court, posting bond, having to pay an attorney, missing school, social and family functions, not allowed to leave the state, causing you endless nights of no sleep, affecting your school work and final exams, wondering if you would be dismissed from school, wondering how this would damage your reputation and your ability to get a job, all while waiting on pins and needles to see what the Commonwealth is going to offer you,” Daly wrote.

She says she’s thankful the charges were completely dropped, and that on paper she was exonerated.

“The reality of the matter is what I mentioned previously as having experienced and that is not just forgotten by today’s results,” Daly said after Thursday’s court proceeding, where her charges were withdrawn.