Yet Another FOIA Appeal Against Augusta County Sheriff Highlights Ongoing Transparency Woes

Written by: Michael Phillips

STAUNTON, VIRGINIA — A Freedom of Information Act (FOIA) appeal against Augusta County Sheriff Donald Smith was quietly added to the Augusta County Circuit Court docket Tuesday morning—only to be postponed hours later after the sheriff’s attorney failed to show up.

The case was filed by local resident Mark DiBenedetto, who is seeking the release of body-worn camera footage from a prior interaction with Augusta County deputies. DiBenedetto has accused the deputies of misconduct and believes the video may support his claims. The sheriff’s office is opposing the release.

The hearing, scheduled for 2:00 p.m. on April 29, was discovered mid-morning by Breaking Through News reporter Mike Phillips during routine docket monitoring. The proceeding had not been listed earlier in the day.

When DiBenedetto arrived for the hearing, the Circuit Court courtroom was closed—a rare circumstance in Virginia, where courtrooms are generally open to the public. Deputies later informed DiBenedetto that neither Sheriff Smith nor his attorney were present. The attorney had notified the court that she was unavailable.

As a result, the hearing was continued. The next court date is set for May 27 at 2:00 p.m. in Augusta County Circuit Court.

The absence of the sheriff and his counsel has drawn criticism from court observers, who note that criminal defendants rarely enjoy such leniency for skipping scheduled hearings. The incident has intensified concerns about accountability and double standards in the local justice system.

This FOIA appeal is the latest in a growing list of legal actions involving Sheriff Smith, who has faced scrutiny over transparency and conduct within his department.

A Complicated History with Body Cameras

The sheriff’s resistance to releasing body camera footage aligns with his department's historical reluctance to adopt the technology. Despite widespread public support—over 80% of Augusta County residents favored body cameras according to a county-commissioned survey—implementation faced delays and controversy.

In 2021, following two officer-involved shootings, Sheriff Smith cited budget constraints and other priorities as reasons for not equipping deputies with body cameras. He also expressed concerns about the potential misuse of footage and the influence of media narratives.

It wasn't until April 2025 that the Augusta County Sheriff's Office announced the full implementation of body-worn cameras, marking the culmination of a multi-year effort aimed at enhancing transparency and accountability.

However, the current FOIA appeal suggests that while the department now utilizes body cameras, challenges remain regarding the accessibility of footage. Critics argue that the fight has shifted from whether to record interactions to whether to release the recordings—a concept some have dubbed "transparency light."

As the rescheduled hearing approaches, the community continues to grapple with questions about transparency, accountability, and the equitable application of justice.