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An Innocent Man on Death Row?

Owen Barber pulled the trigger ten times and told a Northern Virginia jury that his friend Justin Wolfe had hired him to do it. Barber cut a deal with prosecutors and got 28 years. Wolfe got the death penalty. Now, he's no longer on death row.

By Drew Lindsay    Published Sunday, March 01, 2009

Photographs by Matthew Worden.

Update July 12, 2011: The death sentence of Northern Virginia native Justin Wolfe has been overturned by the US District Court in Norfolk. Below is a story from the February 2009 issue of the Washingtonian.

Read an update to this story here.  

Justin Wolfe is brought in shackles to a visitation room at Virginia’s Sussex state prison, about 20 miles southeast of Petersburg. Glass scratched with tic-tac-toe games separates inmates from visitors.

“I’m a dangerous guy, you know,” he says with a smile.

In January 2002, nearly two months before his 21st birthday, Justin Wolfe was convicted of murder and sentenced to death. He arrived at Sussex as the state’s youngest death-row inmate. His face, as round and smooth as it was in his Chantilly High School graduation photos, still might get him carded at a bar.

The murder victim was 21-year-old Daniel Petrole Jr., a 1998 graduate of Centreville High, a student at Northern Virginia Community College, and a delivery man for a Herndon florist. On the night of March 15, 2001, Petrole was gunned down in his car on a cul-de-sac near Manassas, where he had just bought a three-story brick townhouse.

In Petrole’s car and house after his death, police found $140,000 in cash and 46 pounds of marijuana worth some $200,000 on the street. Petrole, authorities soon learned, was the kingpin in one of Northern Virginia’s biggest drug rings, moving half a million dollars’ worth of dope every month. The son of a retired Secret Service agent who had guarded Presidents Carter and Reagan, Petrole was clearing more than $100,000 a month, yet he led a double life so convincing that his parents had put up $10,000 to help him buy the townhouse.

Prince William County commonwealth’s attorney Paul Ebert, who has sent more people to death row than any other prosecutor in Virginia, handled the murder. At trial, Ebert and his team claimed that Justin Wolfe was a lieutenant in Petrole’s drug operation who, owing Petrole more than $80,000, had hired a friend to kill him. Wolfe, they told jurors, was a violent drug lord who had ordered the hit as if Petrole were “a bug on a windshield,” then celebrated at a Dom Pérignon–fueled bash at a DC nightclub. Drugs lead to greed, they said, and greed leads to murder.

The jury returned a guilty verdict in less than two hours, then handed down a death sentence in just five.

Seven years later, Justin Wolfe hopes to do what is rarely done in Virginia: win a death-penalty appeal. Courts in Virginia are the least likely in the country to reverse a capital conviction or sentence. Barring DNA proof, a governor’s clemency, or a legal miracle, a death sentence in Virginia is final.

There’s no DNA evidence in Wolfe’s case, but he and his lawyers argue that a miracle, or at least Governor Tim Kaine’s intervention, is warranted. Not long after Wolfe’s conviction, the law license of his trial attorney, John Partridge, was revoked. Hired on the recommendation of a stripper, Partridge had never handled a capital-murder trial. Jurors called him Mr. Potato Head. In the sentencing phase, he turned the case over to an associate who’d had her law license for one year. It was her first time in front of a jury.

New facts also have surfaced contradicting key testimony. Most compelling are revelations from Owen Barber, the 21-year-old gunman who confessed to killing Petrole. Barber was the prosecution’s star witness—the only witness to tie Justin Wolfe directly to a murder-for-hire scheme. Without Barber’s testimony, Ebert told reporters at the time, “Justin Wolfe never would have been prosecuted.”

But in a sworn affidavit filed nearly four years after the trial, Barber said Wolfe was not involved in the murder. There was no arrangement to kill Petrole, he said; Wolfe knew nothing and paid him nothing. Barber said he had fingered Wolfe chiefly to avoid the death penalty himself.

“Justin had nothing to do with the killing,” he said in the affidavit.

Barber has since disavowed his recantation. And coming from a confessed killer and now a confessed liar, it might be easy to dismiss. But the affidavit, with other facts uncovered after the trial, seem to raise enough doubt to warrant a second look at Wolfe’s conviction. Several jurors now say they suspected during the trial that the full story of the murder wasn’t being told.

The courts, however, can consider only the story told at trial. Procedural rules in Virginia set high hurdles for introducing new evidence or fresh claims of innocence—rules that help make the state the fastest in the country to move death-row offenders from sentencing to execution. To win a new trial or even a hearing to consider the new evidence, it’s not enough for Wolfe to raise doubts about his conviction. For all intents and purposes, the courts must be persuaded that he is innocent.

So far, they haven’t been. Twice judges have dismissed Barber’s recantation on procedural grounds, ruling that it was too little, too late. Wolfe, whose legal appeals are nearly exhausted, could be executed by summer.

As he talks about the twists in his case, Wolfe’s words spill out in a rush. “It’s crazy,” he says. “It’s just crazy.”

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Posted by: http://www.bingstore.us, Jul 13, 2011 10:12:14 AM

I live in Colorado and do not know any of these boys..but after seeing this case profiled on tv, I haven’t been able to forget about it..As I sat and watched a cold, cruel, selfish murderer escape punishment for murdering her beautiful daughter..I couldn’t help but think about Justin. As badly as I would have loved to see that #*%$ get what she deserved, the fact is this jury actually followed the guidelines established so long ago. There was not enough evidence to prove beyond a doubt that she had done what she was accused of doing...they did not let emotion, personal opinion, or assumption guide their decision..considering how many people are being exonerated from death row after years due to DNA..only convicted on circumstantial BS...it is clear to me that it is a far too common practice to convict without sufficient evidence..If ever there were a case that a jury allowed personal opinion override common sense..It was Justin’s. To convict solely on the testimony of the ACTUAL trigger-man..who was allowed to WALK in exchange for his testimony. You have got to be kidding me?? Ray Charles could of seen the holes in that evidence! To sentence him to death?? When the Casey Anthony verdict was read, all I could think of is this young man on death row..his mother.. and the quote, "better that a hundred guilty walk free, then to have even one innocent wrongfully convicted".. My prayers are with Justin, and his family..If only his jury had left their biased opinions at the door!

Posted by: kristen, Jul 10, 2011 08:02:04 PM

There is not enough evidence to put justin to death. The man who shot the kid 9 times, REALLY he needed 9 bullets? owen deserves the death penalty, he didnt just kill him, he enjoyed doing it, but lied to avoid the death penalty, which now he said he lied to implicate wolfe. they were all involved in drugs, drug dealers die all the time. justin had no motive to kill danny bc he makes money off danny, if danny wasnt around his buisness would be shot, plus 66,000. was pocket change to justin. justin deserves punishment, but not death. This justice system is bullshit. of course prosecutors and police MUST WIN, if they don’t, their ego’s are scorned by everyone, plus families are just happy even if an innocent man is convicted, it gives them closure, textbook psychology. i feel sorry for both families, but danny’s parents should understand and recognize that their son was a MAJOR drug dealer and risking his own life and take responsibility for that. so now justin’s mom has to lose her only son when he didnt even pull the trigger?? dumb dumb dumb.

Posted by: paperdragongirl, Jun 28, 2011 03:32:18 PM

I am not sure which 48 Hours some of you were watching, but it was clear to me that Justin is guilty as charged and clearly deserves to die.

This case is no different than when a husband hires a hit man to kill his wife -- the end result is the same. The murder would not have happened if the order had not been given and the person who gave the order is just as responsible as the person who carried out the order.

Justin thought if he only made a call and offered some money to have someone murdered, he could wash his hands of any responsibility for the actual murder. He had his chance to cop a plea but his severe case of narcissism convinced him that if he could fool his mom who knew him the best about his character, he could surely fool a jury who didn’t know him at all.

God Bless the jury for having the fortitude to see through Justin’s lies and give him the penalty of death that he rightfully deserved. I agree whole heartedly with the jury -- the cell phone calls did Justin in. While it might have been the norm for Justin to receive numerous calls from his customers, the only explanation for 20 calls from the same customer beginning shortly before the murder and ending shortly thereafter were just not explainable. Justin’s face clearly showed that on the stand.

Oh and about Owen Barber’s retraction of his confession, it would not surprise me if Justin swore (on his mother’s grave this time) that he would pay Owen a substantial amount of money for the retraction as soon as he is released from prison.

I pray that the judges and government officials who hears Justin’s pleas now all have the same opinions of the jury who convicted him!!!!!!

I hope you rot in Hell, Justin Wolfe.

Posted by: Lori, Jun 28, 2011 10:53:13 AM

Just cannot figure why Terri did not get Justin in rehab, why she enjoyed the money she made off the drugs knowing what he was doing causing her to now have to spend the rest of life getting him off death row. He was not going to school, stayed out late at night and had lots of money and items that could only be explained through drug sales. There was a time to step up to the plate and get him on his feet. Bad price to pay now. Death row is not where he belongs but according to phone records on the news, he did have unexplained phone conversations at the exact time of the murder, explain that? In watching the news we saw Justin choke when asked about those phone calls and he did not exactly explain what occured. I think he knew what was going down and that accounts for some jail time but not death row. What ashame. We will be there in court for you!

Posted by: Chad, Mar 18, 2011 10:33:38 PM

do a back ground check on MJG of the jury. you will be surprised!

Posted by: noname, Feb 10, 2011 01:09:23 PM

God will take care if it?? That has to be one of the most inane comment I’ve ever read. Innocent people have been put to death all down through recorded history and no god ever came to their rescue!! Get real. There isn’t enough evidence in this case to justify putting this person to death. It never ceases to amaze me at the mentality of some of the people who post comments. The Gov. of Virginia needs to take a stand in this case.

Posted by: midas1212444, Feb 09, 2011 06:20:31 PM

JUSTICE FOR JUSTIN!!

It is more than clear that Justin is innocent. They need to put people around his age in the jury for this to be a fair trial. And they need to hear the evidence. Why in the world would they belive OWEN who shot 9 times. Obviously that is an over kill. He had a grudge against him. Its stomach upsetting to see an innocent man be in prison for a testimony of a liar. HOW MANY PEOPLE HAVE SERVED TIME BECAUSE OF A WITNESS LYING AND THEN LATER RELEASED WHEN THIS PERSON ADMITTED TO LYING. We need to contact more media and Send letters to the Governor of this state to FREE JUSTIN. This could be you son.. your friend.. your brother.. or this would be YOU being wrongfully convicted.

Posted by: From CALIFORNIA, Oct 11, 2010 09:27:03 AM

With all this talk of justice - how about justice for Danny? Was justice served by letting the actual murderer off the hook?

Only a naive person would believe that Justin had no involvement at all, but he didn’t pull the trigger. Now Owen’s story has changed and he claims that he was trying to shake the death penalty and save himself.

I’m thankful they are taking another look at this case. All of these men are guilty at one point or another, but to what degree? And nobody should be lead to the death chamber with any doubts. If Justin is indeed guilty - which we may never know - it needs to be clearly proven. The word of a man who had admitted to lying and who deliberately pumped 9 bullets into a "friend" and partner isn’t the person I would want my child’s fate resting on. He’s proven to be calculating and cold-blooded - I think Justin’s life needs to be decided on more than an admitted liar and murderer’s word.

Posted by: TRMMC, Sep 08, 2010 06:36:44 AM

Justin is guilty as hell of arrogance. He believed his own press. He fantasized about countless robberies, but didn’t have the timerity to act. When he needed an ego boost, he and an old (highly indebted) friend got fucked up and decided to "take it all up a notch!" By the end of the stoned stuppor they’ve seen their future. All it takes to get there is one murder.

Any idiot can shoot a gun. But it was the "genius" (hearing the play by play in his car, cell volume on high, speaker-phone on, jerking off to a naked photo of himself) who screwed the pooch. Lack of forethought (or any relevant thought in general) resulted in such a shitstorm they both fled immediately, metaphorically trailing smoke so the authorities wouldn’t lose sight of them.

It’s become obvious to me that Justin suffers from narcissism. He can’t fathom that people wouldn’t fall for his lies. He can’t come clean now or it will tarnish his reputation. The web has gotten so intensely out of control it vexs his sleep. Well, that and wetting his bunk.

As for Owen?
Owen is just plain dumb, i.e. stupid; of low intellect; see also ’George Bush’) and probably suffers from severe abandonment issues.

Sentencing? I think it morally should be the other way around: death for the shooter, substantial time for the jerk off. On the other hand, the jerk off should have done what the shooter did first; plea bargain. But the jerk off was too arrogant to think he could be convicted that he chose to roll the dice. It was arrogance, not evidence, that sealed his fate.

Posted by: TMINUS9, Aug 24, 2010 11:31:08 AM

BEYOND BELIEF!

1. A killer hunts a man and kills him with nine gun shots and escapes.

2. When caught by the police, he puts the blame on an innocent man claiming his was the one who told him to do so.

3. The killer makes up a story to convince jury and uses phone calls that he could have made, induced and received on purpose to the innocent man around the time of the murder to support his story.

4. At trial, the only 2 evidences to send that man to his death are the killer own testimony against the innocent man and the claims he made up about the purpose and content of the phone calls.

5. Experienced, ambitious prosecutors doing their best to keep their records use the incompetence of the man lawyers and the favorable mix of jury to ensure the man gets death penalty.

6. The man finds himself on death row and his execution is scheduled for soon. The killer is sentenced to prison according to a deal with the prosecutors and is happy that he escaped with his life after nailing the innocent man.

7. System prevents the innocent man from proving his innocence to make sure he dies. The killer who will be responsible for 2 evil murders will continue to live and enjoy the fruit of his criminal manipulation giving inspiration, suggestions and a step by step plan to future killers.

A perfect example on how society uses laws and systems to encourage killing. These are the sure steps that has been followed:

a)Save the undoubted real killer’s life to reassure killers that there are ways to get away with murder

b)Kill an innocent man to ensure that people don’t take human lives seriously

c)Provide future killers with a pool of ideas in case they want to have similar plans or even better ones.

BEYOND BELIEF!

Posted by: Will, Aug 20, 2010 12:20:50 PM

I agree, this is not right. There were too many gaps in this case. Questions I was curious about and never was relieved with an answer. They say his motive was over money he had owed Danny. What about Barber motive which was the best motive of all to point the finger, so He could excape the death sentence. He should have a right to an appeal. And where is the mystery man who sold that Barber kid the gun, why didnt they supenea him I wonder. Its like they took whatever that boy said just to hurry up and convict Justin with out piecing together the whole story.

Posted by: Justice, Jun 28, 2010 12:03:03 PM

THIS IS NOT RIGHT. THey were so quick to give this kid the death penalty. HE WAS NOT BEHIND THE GUN. PERIOD! How the hell can they justify this case by letting the Boy that pulled the trigger off with just 28 years and he "SAYS" Wolfe told him to it. The DEATH PENALTY. Ok he sold drugs, thats not right BUT, if this kid was really pulling in as much as they say he was AND owed the victom 80,000. THERE IS NO MOTIVE. THink about it. NO one can twist someones arm and say kill someone and if its for money then Barber should have had enough common since NOT TO DO IT, he new better, money is no excuse. That prosecutor has sent MORE people to the death penalty than any other, what does that tell you. ANd the phone call was ALL he went off of. And ok lets give him the upper hand. Say Wolfe is guilty, and paid this boy to do it. WE ARE ALL Accountable for OUR actions, Barber should get the death and Wolfe 28+ years, Thats Justice. Gosh sounds like we can just cut any1 out at the feet by pointing the finger in Virgina.They’re Going off what the KILER said, poor Justin. Innocent tell proven guilty. NO your quilty until you proove your innocents. No man should play the role of GOD.

Posted by: Heather Koory, Jun 28, 2010 11:32:39 AM

This kid is a punk and deserves to die. Everyone says he is a ""normal 20 year old." No, normal 2o year old kids don’t make 15K/month and have people murdered.

Fill the syringe already.

Posted by: AZloves the Death Penalty, Jun 26, 2010 04:32:00 PM

if a innocent man dies it is like all humanity has died!

Posted by: justicenow, Jun 23, 2010 07:46:39 AM

And you all are forgetting the most important thing:

In America, you are INNOCENT UNTIL PROVEN GUILTY.

As anyone with a brain can discern from viewing this case, Justin Wolfe was NOT proven guilty.

You have the weak testimony of a murderer WITH MOTIVE TO LIE, and ...........cell phone calls?

Weak circumstantial evidence put a kid to death.

I’m not saying he wasn’t involved. I’m saying the evidence was not there to convict to this degree. It’s a travesty.

Posted by: one more thing, Jun 20, 2010 10:53:54 PM

I can’t stand the posts by some of you morons acting like dealing pot makes this kid a "drug dealer."

That kind of pathetic sheep mentality is the reason this poor kid is on death row. It’s like he’s being made an example of, because he "dealt drugs."

Right, pot also turns innocent children into murderers. I love BS propaganda from the mouths of people that have no idea what they’re talking about. It’s illegal because a government that says it knows what’s best for us SAYS so. Nevermind the fact that alcohol is actually a dangerous substance that KILLS people. Weed kills no one.

Deny ignorance.

And about this case, the fact this kid is on death row is utterly pathetic. The legal system is a travesty of justice. Yes, let’s believe the testimony of idiot who pulled the trigger, and couple that with weak circumstantial evidence to put a young kid to death, while the idiot who pulled the trigger walks.

Is that some kind of joke? It’s cases like these that make me despise being an American citizen. And yes, before you say it, had I the resources, I’d leave this country for one without the ignoramuses like the prosecutor and jurors on this case.

The prosecutor and jurors are as guilty of murder as the idiot who pulled the trigger. What a damn shame.

Posted by: I hate ignorance, Jun 20, 2010 10:42:57 PM

I am shocked! I cannot believe the judge and the jury would even find Justin Wolfe guilty, much less the DEATH PENALTY!!! There is plenty of reasonable doubt; the note left that "We need the money". Justin would have made a great attorney in my opinion because he does bring up some very good points. What about Jason, the owner of the gun? Does anybody care to investigate HIM??? I feel that because the deceased, Daniel Petrole, Jr’s father is secret service that that is the reason Justin is on Death Row. Honestly, I feel Justin has nothing to lose and is telling the truth when he says he did not kill another human being or have him killed. The justice system is NOT perfect and I wish I could have been a juror, INNOCENT! He deserves a new trial, new judge & jury... and a good attorney. Two lives were lost, one could have been spared because he DID NOT HAVE PETROLE KILLED! Don’t you think it was overkill? Owen Barber shot Daniel 10 times! He was on a mission. Maybe the phone calls were to make more drug deals.

Posted by: Dianne, Jun 20, 2010 07:30:02 PM

After I saw the whole 48 hours show, Im very sure that this Justin Wolfe is innocent. It seems that courts in the US playing very easy with people lifes and the death penalty. Let me tell you all something, to convict someone to the deathpenalty you must be 100% sure that he’s guilty. In this case there are many things to suspicious about that guy Barber, another thing is that they should have heard also the guy that sold the gun.
Justin wolfe deserves a new trial, and the court should allow all evidence. Its very easy to convict someone, but when he gets the death penalty and later they would find out that he was innocent, then its to late. Give this guy a new trial. I personaly don’t like the law systhem in the US, the reason is that I have seen to much mistakes by convictions. In this case there could be also a whole diffrtent scenario, how about The barber told the guy who sold him the gun that he wanne rob Danny, and they made a plan B incase it went wrong. Why all of sudden the gun saler disapeard ?? Well everyone who is involved in this case, loot at it again and make your conclusions. Gerard

Posted by: Gerard From Amsterdam , May 29, 2010 04:04:56 AM

What about Jason, the original owner of the gun? It was said that he told Justin that Owen told him (Jason) that he did it on his own and that Justin had nothing to do with it... Where is this guy Jason, his testimony??? If that isn’t reasonable doubt, I don’t know what is! Justin deserves a new trial with an experienced lawyer and get the sworn affidavit, filed nearly four years after the trial, where Barber said Wolfe was not involved in the murder, brought to light. Reasonable doubt all over this one people...

Posted by: Shawn, May 02, 2010 12:42:39 AM

Justin is quite an innocent man. 48 Hours really got me into this case, and honestly, he could never have had anyone killed.

Besides, what about that weird note the chick wrote? ’We need money!’ Not they want their money, they aren’t demanding the money he supposedly would have ’payed’ them, they were begging for cash instead, like Justin would give it to them. Didn’t someone on 48 Hours say he gave money to anyone that asked him? Like really.

People are judging him because he sold dope. Puh-leeze.
A zillion kids at my school are potheads, they sell, purchase, smoke it.
Doesn’t mean they kill.
Don’t judge him cuz he was a teenage kid who smoked, that’s not right. People are trying to do justice by putting him to death, but biased actions aren’t justice, now are they?

Posted by: Claire, May 01, 2010 02:25:20 PM

My 18 year old grandson was just murdered. He was not a dealer, not a criminal, not a user, he was simply in the wrong place at the wrong time. The boy who killed him went to kill someone else. The killer had spent the weekend searching for the right gun, planning how he was going to take the life of a young lady and planning his own suicide afterwards. He was arrested, picked out of a lineup, fingerprinted and confessed. Now his lawyers are arguing that he did not plan to kill my grandson, therefore, the crime cannot be considered premediated. What kind of justice is that? Am I wrestling with my feelings concerning the death penalty right now? Very much so. But while Justin’s mother’s feelings are being considered, consider the feelings of the boy who who was killed. My grandson didn’t plan what happened to him and had no choice and Justin planned (whether he was there or not) a death and knew the possibly consequences for his action and made a choice to continue. Keep in mind 48 Hours has an agenda when they broadcast these reports and unless you where in the courtroom you don’t know all that went on. I guess the real solution to the issue is to live in a state that doesn’t have capital punishment if you are going to kill someone.

Posted by: jt, May 01, 2010 10:29:46 AM

YUMMMM BBQ Justin

Posted by: Adam, Apr 21, 2010 02:17:25 AM

The choices you make say everything about you.

Those cell phone records back and forth leading up to the murder, and right after the murder, indicate to me that they were in on a plan to kill together. I can’t see O.Barber being smart enough to use the cell phone without J. Wolf’s knowledge of what was taking place, or what was about to take place, in order to also involve him in a murder. In my opinion, there had to be a two party plan for murder in place all along. Very few teenagers, especially the ones that are on drugs, are rarely ever that smart.

From the 48 hrs video episode, J. Wolf had no explanation of why the phone calls were made back and forth between himself and O. Barber. That alone is very solid evidence that there is some serious converstaion taking place up to, and shortly after, the murder.

If I was on the jury, I would have asked myself "how can the phone records at the time of the murder be irrelevent to the case?" The information and evidence presented at the trial was they were important and prevalent.

The highest kite usually crashes the hardest. J. Wolf made multiple bad choices that hurt and impacted many people’s lives, including his own. I have no problem with the jury’s ruling in this case.

I feel sorry for all the families involved in this case. They are the ones who will hurt the most.

Posted by: Minnesota Storhoff, Feb 15, 2010 07:49:09 PM

life in prison, but no death penalty

Posted by: OKKK, Feb 12, 2010 09:39:29 AM

Barber pulled the trigger and deserves the punishment for this crime, not Justin Wolfe. I understand being digusted by the lifestyle (drug dealing) which Wolfe admittingly led. However, from the evidence presented at this trial, the death penalty left me shocked. The prosecution waived the death penalty for Barber in exchange for the publicity of getting a "drug lord" off the street. Where is Jason? Suddenly disappeared without ever testifying? Isn’t it the state’s responsibility to find the truth? It appears they feared Jason may cast doubt on their case and left him out of the trial. I feel horrible for both families who have lost their sons. I hope an overwhelming feeling of guilt haunts the jurors and prosecution of this case forever.

Posted by: cp, Feb 11, 2010 09:10:33 PM

Let The Man Go Hes Innocent

Posted by: ojg, Dec 31, 2009 05:27:35 PM

I’m 50 years old and have never commented ever to anything on the computer. I cannot believe what I am reading about this case. There is NOT enough evidence to put this person to death. No one has question the contents of the phone calls. My daughter is 13 and month before last had 3000 texted messages. Owen could have been doing this all on his own, calling Justin to try to locate Danny without Justin not having any knowledge of what was about to happy. The reason the jury’s only took an hour is because they didn’t have any eevidence to deal with. It sure sounds tome like Virigina is a Marshal State. Who cares how many death sentaces the local prosuctor has. Look at the power and the anount of people Hitler killed.
Someone with the proper legal knowledge needs to address this case. Before they kill Justin for selling pot and a few phone calls. You may be surprised how many of your kids are selling dope.

Posted by: Kelly, Dec 28, 2009 04:01:33 PM

Justin Wolfe must FRY_FRY FRY !!! He is a murdering drug dealing scum and he will.Danny Petrole deserved it also. King pin drug dealers get killed all the time - it goes with the territory. Danny sold his last dope to young kids.

Posted by: John Hardy, Dec 09, 2009 05:33:02 AM

Seriously, people, someone needs to explain that cell phone call sequence before I can begin to think that Wolfe is innocent. He himself made no attempt to explain it (as shown in the 48 Hours video of the trial). None whatsoever.

Posted by: Craig, Dec 06, 2009 07:26:55 PM

Both are guilty Owen and Justin and both should be killed, besides killing Danny; they have been distroying people’s life and creating more murderers by selling drugs.

Posted by: G2Iraq, Dec 01, 2009 12:46:21 PM

im against the death penalty, but even i was for it, i would have to cast doubt on the ability of virginia ( possibly all capital states in the USA ) to pass it out, the legal system overthere is a shambles regarding new evidence being allowed and appeals being heard. i mean they wish to execute someone with clear doubt of his guilt ( so many cases in the US, dennis stockton to name another ) and use legal bullshit processes as there excuse for not granting new trials or leave to investigate

It would appear that whether a man is sent to his death or not, soley rides with the theatricals of the DA involved in bedazzling the jury with his/her own submissions!! Reversal seems almost impossible with the red tape etc and i would not be suprised if a state has knowingly executed an innocent person just to save face, its an absolute disgrace of a legal system and has to be looked at.

Its time for the USA to join the rest of the civilised world and end the death penalty because with a legal system like yours you should’nt be able to practise it.

Before anyone labels me as a liberal idiot. Im a serving soldier in the UK and have fought with USA forces in afghanistan, kosovo, bosnia !

Posted by: graham allison, Dec 01, 2009 07:22:01 AM

exactly what was said during those phone calls before and after the murder?

Posted by: an observer, Nov 29, 2009 10:32:14 PM

Okay maybe he is Guilty but i don’t think that he deserves the death penalty. Life with out the parole is fair. I watched the 48 hour hard evidence show about this case is his mother is so devastated. I felt so sorry for her i cried when seen how hurt she was. I would just say for there is no need for two people to loose their lives in this situation. I am sorry for Danny family but her is no need for all the killing.

Posted by: Laquasia, Sep 25, 2009 06:08:45 AM

this kid is guilty as hell and he took another young mans life he needs to pay for that , i watched the program and there isstill much that needs explaining in particular the phone calls
if hes not guilty then godwill take care of it

Posted by: maggy hayes, Aug 11, 2009 01:04:33 PM

The law is sickening me. Did you see what Justin wrote? "I have not kill anybody". Sounds like Barber is the key. He has been lying all through the time. He changed the stories. He is trying to fabricated and get away with it. Justin is not going to Death Penalty not until Barber gets the story straight. It might will take forever if he tell the whole story or spitting out one word at a time.

That is Unforgivenable.

Posted by: Jennifer Fraser-Taylor, May 30, 2009 12:38:01 PM

A new round of white denial: Drugs, Race and Reality in the ’burbs
By Tim Wise
In a time of multiple school and workplace shootings, middle-aged mass murderers, drug-saturated rave parties, and moms who drown their kids in tubs, lakes, or dump them in garbage cans, one question comes to mind. How long will suburban white America get away with expressing shock at the criminal proclivities of its progeny, without media exposing their presumption of incorruptibility as fallacious and patently racist? Especially when government statistics indicate deviance and dysfunction are quite commonplace with such folks and in such places.

On Sunday, August 12, the front page of the Washington Post brought us yet another story about white suburban youth, who, to the amazement of their parents, friends, and the media, turn out to be stone cold criminals. This time the headlines emanate from "nice neighborhoods," in Northern Virginia: places where sinister crimes aren’t supposed to happen.

As authorities have discovered, one of the most significant drug operations in the region’s history was being run from this "nice, safe" place. And not by dark-skinned street-hustlers preying on vulnerable teens and getting them hooked; but rather, by the former soccer-playing little leaguers who this nation grooms to run major corporations, hold political office, or merely typifies as normal, all-American boys.

In this particular drama, one of the principal players, named (I kid you not) Owen Merton Barber IV, stands accused of murdering Daniel Petrole Jr., one of his drug-dealing colleagues at the behest of yet another fellow-dealer, Justin Michael Wolfe. Seem implausible? Surreal even? Thanks to well-worn stereotypes about drug users, dealers, and criminals in general, we’ve come to expect the bad guys to look like them - black and brown people, not those who are white like us. When we have to protect ourselves from folks with names like Owen Merton Barber the Fourth, well, what is the world coming to?

Actually, although underreported, drug data has long confirmed that the stereotypes of users and dealers (poor, black or Latino, and urban-dwelling) are not only racist, but also wrong.
According to the National Institutes on Drug Abuse, the Centers for Disease Control, and the Department of Health and Human Services, whites are equally or more likely to use drugs than their African American counterparts, despite common misperceptions to the contrary.

Although blacks and Hispanics tend to try drugs for the first time at a slightly younger age than whites, by the end of high school, whites have caught up and surpassed them in every drug category. White seniors are a third more likely to have smoked pot in the past year, seven times more likely to have used cocaine, three times more likely to have used heroin, and nine times more likely to have used LSD. And it’s not just that there are more white users, as this would reflect mere population percentages, but rather, that the white rate of use is that much higher than the rate for blacks.

It’s the same story for young adults. Whites are 66% of 18-25 year olds, but 70% of drug users that age. Blacks are 13.5% of persons in that age cohort, but only 13% of young adult users, while Hispanics are nearly 15% of that age group, but only 12% of drug users 18-25.
When it comes to drug dealing, the picture changes only slightly. According to the Justice Department, drug users tend to buy from same-race dealers. So the nearly three-quarters of users who are white, mainly rely on white dope peddlers, not the Jamaicans or Dominicans of popular imagery. When it comes to drugs like ecstasy-a hot product for the Virginia cartel-the dealers and users have long been known to be mostly white, middle class males between 14 and 32.

One would know none of these things from reading the Post story on the recently uncovered suburban Drug Empire, or drug related articles in any other nationally prominent paper. Instead, white suburban dealers and users are presented as exceptions to an otherwise law-abiding rule.

In the instant case, the accused, from the Prince William County hamlets of Chantilly and Centreville are youths that reporter Josh White describes as "good kids," who "went bad." When was the last time a black or Latino drug dealer or gang-banger was described this way? To those who study media, implicit in most news coverage when they do it is the suggestion that it’s because they were congenital criminals; it was their IQ or pathological underclass families. They don’t "go" bad; they just are bad.

However, when stories are written about pale-faced killers or dealers, or in this case both, sympathetic adjectives fill the pages. Crime becomes human interest-a cautionary tale. We are encouraged to identify with the instigators of the mayhem in ways we never would be were they dark or poor.

For example, Kip Kinkel, 1998’s poster boy for school shootings, was likened in the major media to MAD Magazine’s Alfred E. Newman: freckle-faced, and the "boy next door." Similar descriptions were offered for the school shooters in Arkansas, Georgia, Pennsylvania, Kentucky, Mississippi and Tennessee. Even Columbine shooters Dylan Klebold and Eric Harris, described by classmates as "dark and brooding," were still referred to by many as "basically normal," and gave off no warning signs in the eyes of Littleton families, teachers, or law enforcement. Andrea Yates, the Houston suburban mom who killed her five kids in their bathtub was described by one major newsmagazine as having "loved her children too much," and having been "overwhelmed" by the responsibilities of keeping hearth and home together.

Listen to those quoted in White’s story. First there is Prince William Detective Greg Pass who explains, "None of this happened in bad neighborhoods. It bothers everyone involved that in many ways these kids are mirror images of the detectives working the case, except they have chosen to go the wrong way." Sympathy, recognition, identification, and all of it, by the officer’s admission, due to the fact that these kids are "mirror images" of the detectives themselves. What does one see in the mirror after all? One’s face: one’s white, middle class suburban face, to be precise.

Throughout the Post piece the ringleaders of this marijuana and ecstasy empire are described as kids who "went to church," "sold Christmas trees at the mall parking lot," were "polite, shy, friendly, non-threatening," "clean cut," "cautiously pensive," "kind and gentle," "fun-loving," "the class clown." The kind of boys "you’d want your daughter to date," and who have been known to nurse sick birds back to health, "romp down the soccer field," and whose hooliganism was limited to writing their names in wet cement.

The alleged shooter "relished fishing with his father along the Virginia coast, where the two would exchange high fives when reeling in a catch." Barber’s father-that’s Owen Merton the third for those keeping count-insists the family was solid and led a "normal life." Forced to contemplate what went wrong with his fishing buddy, he speculates that perhaps watching his mother die of cancer convinced his son "life wasn’t important anymore." Again, sympathy conjured up for the wayward white youth in ways that would be highly unlikely for an inner-city kid: even one who had watched his mom die of cancer, as many have, or perhaps had friends who had been killed or jailed.

The young man accused of ordering the hit on Petrole is described as a "role model for his brother and sister," a "religious Catholic" who is intensely "spiritual." For his part, Justin Wolfe is presented as a helpful son, who assisted his single mom in caring for his younger siblings. When was the last time the child of a black, inner-city single mom was applauded for helping out around the house?

Throughout the story we learn that the parents of these budding gangsters never suspected anything, even as their early-20’s offspring jet-setted to Hawaii or Atlantic City, and bought $200,000 townhouses with their own money. As an additional sign of the times and the stupendous denial that afflicts so many white upper-middle class families, Petrole’s father actually believed that his son was able to buy his own home because he had been lucky dabbling in the stock market. After all, said Petrole Sr., his boy always wanted to be an entrepreneur. As indeed he was. So should we now expect national condemnation of the culture of affluence and the capitalist emphasis on moneymaking as being implicated in these crimes? Don’t count on it. That kind of analysis we reserve for the "underclass" values of ghetto-dwellers.

As evidence of how strong the stereotypes are, consider that Justin Wolfe, at the height of his criminal activity, dated the daughter of the director for the DC regional office of the Drug Enforcement Administration and aroused no suspicions whatsoever. The agent, having no doubt memorized the darker profile of a drug dealer used by law enforcement, naturally had no clue. Wolfe, according to DEA agent Frank Chellino seemed "well-mannered" and "stable."

Perhaps white folks in the ’burbs need to stop listening to the voices of officialdom or the media, and start listening to the only folks who seem to know the score: the dealers themselves. As one associate of the accused explained: "American society doesn’t want to face the fact that white kids deal and use drugs. They simply can’t look in my face and see that a nice-looking white kid is selling drugs to their kids, because that would mean that their kids could do this too. The fact is, we do sell drugs to their kids, in their rich neighborhoods and in their rich schools."

Just as the media generally "deracializes" incidents of white deviance, portraying them as the aberrant, inexplicable acts of aberrant, inexplicable individuals, (unlike the same from the dark and poor which are often portrayed as group tendencies), so too did Josh White in his Post piece on Wolfe, Barber and Petrole. Instead of pointing out the fallacies of white suburban denial and the blindness that besets so many of the residents in these "nice" places, White and the Post offered up a quixotic melodrama: good kids gone wrong; sympathetic, misguided youths posing as hardened criminals and coming to a tragic end.

Powerful to be sure, but far too narrow a truth, lacking as it did the contextual information necessary to understand the common phenomenon of white substance abuse. Unfortunately, facts unspoken or unreported tend to remain hidden. The debilitating stereotypes they might unravel remain firmly in place. Those who have convinced themselves that it couldn’t happen here remain in danger.

Tim Wise is a Nashville-based writer, lecturer and antiracism activist. He can be reached at tjwise@mindspring.com. Footnotes for this article can be obtained from that same email address.

Posted by: I LOVE THIS!, May 26, 2009 11:01:29 AM

interesting how no one here seems to care about the life that was lost. justin is not a victim here, remember the phone calls?

the attitudes of you brats is proof positive of why he’s on death row, he felt he could do what he wanted to do without consequence.

Posted by: moral majority, May 26, 2009 08:45:19 AM

all of you seem to know justin but did you know danny? he’s the one who was hurt in all of this and his dear family/friends. it’s sad that you all can just assume that justin is the same kid you knew in grade school. The fact is even if he didn’t kill danny nor order the hit, he is now a man who is associated with this crime for the rest of his life.

Posted by: cville, va, May 19, 2009 06:12:20 AM

The evidence of Justin’s innocence is overwhelming and needs to be examined fully, he is clearly innocent of this crime.

Posted by: Jo, May 12, 2009 01:04:50 PM

Keyword there is DRUG DEALER. I dont think anybody is saying that justin wasnt a drug dealer, what am saying is hes not a killer. He did wrong and i think he would be the first to say that...But this young man is on death row mainly because of the testimony of owen barber, that is just plain sick. Read the story, and tell me there isnt reasonable doubt...Give the kid a new trial and he would be found not guilty in a matter of hours.

Posted by: Bubba, May 11, 2009 12:47:27 PM

I guess he should have thought about the possible outcomes of his life when he became a drug dealer. Where is that lesson being said here?

Posted by: Nestor, May 06, 2009 02:24:29 PM

I grew up in Franlin Farms right next to Chantilly and went to middle school with Justin and played back yard football with him often! This kid Owen Barber is a huge liar! when I found out that Justin was on death row and after I read and talked to mutual friends that know Justin as well my heart sank and I felt almost sick to my stomach. Northern Virginia is la la land compared to Manhattan where I live now and drug rings were a rarity! The need to either commute his sentence or grant him a re-trial, I still cant beleive he is there!

Posted by: Matt , Mar 28, 2009 09:07:20 PM

This case is unbelievable and the persons involved in the technical BS. are unforgiveable. If an inteligent person reads this story and has their doubts then the courts and yes Gov. Tim Kaine should make sure that everything possible has been and will be done to get to the truth. If an innocent young man is put to death then our justice system is nothing more then a scam and is a very real threat to all of our freedom. We should all be worried and should all seek justice for Justin.

Posted by: David F. Springfield, VA., Mar 24, 2009 02:42:21 PM

This is just one crazy case, HOw the hell justin is still sitting on death row is just mind blowing.....I have followed this case for years and i feel he is 100 percent an innocent man. You gonna kill a man, going off the words of owen barber?? I mean really??

Posted by: Bubba, Mar 23, 2009 12:08:09 PM

I’m praying for Justin and for Governor Kaine, that he will either stay the execution or order a new trial. It seems so unfair that one doing the killing can get off without death penalty by simply sayng someone hired him.

Posted by: Sherry Pruett, Mar 19, 2009 09:58:49 AM

It’s tragic and ironic that a man can be sentenced to death based on only the words of another, but DNA is required to overturn it... Then, he can change his story over and over. That alone is reason to take this man off death row. Shouldn’t concrete DNA evidence be required to give someone the death penalty to start with??? I fault the system. It seems so backwards... I’ll be praying for you guys!

Posted by: Brandi, Mar 18, 2009 07:45:17 AM

I think the should let him go, I dont think that they should convict a man on what a person said

Free Justin

West Love you Bro

Posted by: reddick, Mar 18, 2009 06:16:09 AM

This whole thing makes me so sad. I have known Justin and his family since I was six years old. I grew up with this family and Justin doesn’t have a mean bone in his body. He is innocent! Unfortuantly all teens come across drugs, most of them try them, and alot keep doing them. Some grow up and stop and others go down the darker path, just like many others Justin got stuck in the drug world, but I know he wasn’t involved in a murder! Please stop all of this and don’t like an innocent man die on death row!!

Posted by: Jenna , Mar 17, 2009 06:35:48 AM

The Courts, The Governor of the State of Virginia need to look into Justin’s case. This is a case of a innocent man if I ever saw one. The People of the State of Virginia need to contact Gov. Kaine and let him know that you want something done for Justin Wolfe!! If not, you could have the blood of a innocent man on your hands! This could be your child.

Posted by: Tracy Spirko, Mar 16, 2009 08:36:11 PM

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