WESTMORELAND COUNTY, Va. — A criminal case against a Northern Neck septic business owner accused of dumping sewage on a neighbor's property has been continued until March.
Douglas Berry, owner of Berry's Septic Pumping, faces five criminal charges related to an incident in October 2024 when investigators say he dumped sewage onto a neighbor's property and then set fire to the area.
Berry walked out and then back into the Westmoreland County Courthouse after spotting CBS 6's camera on the cold and blustery day.
The alleged victims say they're disappointed by the continuance and want more details about why it happened.
A neighbor captured cell phone video of what he says is sewage flowing through the land of Sam and Ashley McGill.
As CBS 6 exclusively reported in August, state officials observed evidence of the discharge of raw or partially treated sewage on the McGills' property.
The Virginia Department of Health determined at least 20,000 gallons of sewage were "unaccounted for" from Berry's operation over a six-month period.
The McGills and two other neighbors came to court Tuesday. They say they believed a plea deal or a trial might happen, but instead, the case was jointly continued to March 24 at 10 a.m.
"We sat there and found out it was going to get continued and have not been told why,” Ashley McGill said.
The group told CBS 6 they felt frustrated by the continuance and wondered why it happened.
"Level 100,” is how Ashley McGill described her frustration.
Watch: Couple says neighbor dumped sewage on dream property: 'Why would you do that?'
“It's very frustrating to deal with the commonwealth at this point,” Sam McGill added.
As CBS 6 photojournalist Tyler Brit filmed Berry’s attorney George Townsend driving away from court, Townsend said he would take out a warrant.
"I'm taking out a warrant right now for you," Townsend said before stopping his vehicle and heading toward the Sheriff's Office.
When Townsend came back to his vehicle, Hipolit asked him why he suggested he would take out a warrant.
"Ma'am, ma'am I want to explain something to you," Townsend said. "I'm an attorney, I have no comment for you, I don't know how to tell you any clearer than that, I don't know who you are."
Hipolit said she had tried to call him several times.
"I'm a practicing attorney," Townsend said. "We just had a killing in our county, in the Northern Neck last week. I don't take it lightly, don't stalk me."
"I don't stalk you, I'm here at court covering the case," Hipolit said.
"Ma'am I have no comment for you, what else can I tell you, do you understand that? No comment," Townsend said.
Hipolit spoke with prosecutor Shannon Clark and asked her why the case had been continued, but she said she could not comment about ongoing cases.
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