5-Day Jury Trial Set for Fatal Ashburn Crash

A five-day jury trial has been scheduled from July 26-30 for the case of Brian Foley, who is charged with involuntary manslaughter following an early-morning crash in November 2019 that killed 31-year-old Heather Wren.

Just before 2 a.m. on Nov. 16, 2019, Foley’s car lost control while traveling eastbound on Ashburn Farm Parkway, went airborne, crossed into the westbound lanes and landed at the bottom of an embankment off the side of the road just east of Starflower Way in a residential backyard. Foley and Wren, who had both been drinking that night, according to testimony during a Feb. 14 preliminary hearing, were thrown from the car. Wren was pronounced dead on the scene.

Foley, now 32, was charged with involuntary manslaughter and driving while intoxicated. Prosecutors agreed to not prosecute the misdemeanor DWI charge.

During the preliminary hearing, Foley’s attorney, Peter Greenspun, argued there was not enough evidence to determine who was driving the car when it crashed.

Foley faces a prison term of 1-10 years for the Class 5 felony.

Initially incarcerated, Foley was released from jail on a $5,000 unsecured bond in January. He is prohibited from driving, unless to go see a doctor, and must comply with a 7 p.m. curfew.

A three-day jury trial was originally scheduled for Oct. 27-29, but extensions to Virginia Supreme Court Chief Justice Donald W. Lemons’ March 16 Declaration of Judicial Emergency required all jury trials be delayed amid the COVID-19 pandemic.

On Oct. 15, the Virginia Supreme Court approved the Loudoun County Circuit Court’s plan to once again hear jury trials beginning Nov. 30.

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