Richmond approves source of $5.8 million payment to wrongfully-convicted man
VENN
RICHMOND, Va. (WRIC) -- The man whose wrongful conviction is considered the longest in Virginia's history is one step closer to receiving the $5.8 million owed to him by Richmond after city leaders approved a proposal to use a delinquent tax fund to pay him.
During a regular meeting on Monday, Sept. 8, members of the Richmond City Council voted 8-1 to reallocate $5.8 million from its "'Delinquent Tax Sales' special fund" so it can pay the wrongfully convicted Marvin Grimm the restitution the city owes him.
On Nov. 26, 1975, 3-year-old Christopher Harper of Richmond was found dead in the James River. Grimm, one of the Harper family's neighbors, was arrested and later convicted of the boy's abduction, rape and first-degree murder. He was then sentenced to life in prison after he pleaded guilty to avoid the death penalty in 1976.
Grimm was released on parole in 2019 after serving more than four decades of his sentence. A few years later, in mid-2024, he was granted a writ of actual innocence after a deep review of the case and modern forensics proved he was not the person who hurt Harper.
Though Grimm's attorneys celebrated this move, they also called it "bittersweet," as this exoneration came after Grimm had already spent an estimated 96% of his expected adult life in prison. Those 44 years mark the longest wrongful incarceration in Virginia's history and the second-longest across America.
Virginia law states that someone who is wrongfully incarcerated by the state or one of its localities is entitled to financial compensation. This is determined in large part by how long they were incarcerated. In cases where a bad government actor is believed to have played a part in why that person was unfairly convicted, the state can order the locality involved to pay part of the sum.
Gov. Glenn Youngkin signed the bill granting Grimm a more than $11 million award, with half to be paid by the state and half to be paid by Richmond.
However, Grimm has still not received the money the city owes him. In a July 25 letter obtained by 8News, Youngkin ordered Mayor Danny Avula to fulfill this obligation, or he would withhold state funding -- as he is permitted under newer state law. He accused the city of having “ignored” its responsibility.
In the months since then, Richmond has shared updates on the steps it's taking to pay Grimm. An ordinance was introduced that would, if approved, allow for $5.8 million to be pulled from the city's "'Delinquent Tax Sales' special fund" for this payment.
However, this proposal proved controversial during a Sept. 3 meeting of a city council committee, which debated whether or not it was appropriate to use this money to pay Grimm. It was said that, per a 2019 act of city council, "up to $1 million" was to be moved from the special fund to the Affordable Housing Trust Fund annually -- but this never happened.
During this committee meeting, councilmembers questioned the legality of reappropriating money that, from their perspective, had already been promised to a particular cause.
The city's Chief Administrative Officer, Odie Donald, II, said that the language of the legislation -- specifically, the "up to" part -- meant the city could choose whether or not to appropriate those funds and that it had chosen not to each year. He added that the city had still spent an impressive amount on affordable housing over these years.
On Monday, city council held a public hearing on this ordinance, allowing residents to comment on the legislation. One such commenter expressed her "support for his justice but concern about the proposed funding source."
"We do not believe the city should throw the baby out with the bath water by addressing one injustice while simultaneously undermining the city's commitment to solving another," she said. "Both the justice for Mr. Grimm and affordable housing for Richmond's residents should be your urgent priority."
In a similar vein, another commenter pointed out a recent multi-million-dollar investment in the Richmond Police Department, which was used to replace its First Precinct.
"I just think that we should be considering [finding] the funding elsewhere -- like the Richmond Police Department," the commenter said.
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On the whole, the public expressed heavy support for Grimm, but also needed to know the city would not neglect affordable housing needs nearly three years into a housing crisis.
"The struggling people of our community, the poor people that need affordable housing, [they] should not have to pay [for] -- repair the injustice that was placed on Mr. Grimm," said Ralph Hodge of Richmonders Involved to Strengthen our Communities (RISC), a local organization heavily involved with the Affordable Housing Trust Fund.
Hodge emphasized that the most important thing to him is that affordable housing continued to be funded. He said that, if this ordinance were passed, he hopes the city council would find an alternative and dedicated funding source for the Affordable Housing Fund.
Donald also spoke during Monday's meeting, reemphasizing that dollars have gone into affordable housing in recent years. To his understanding, $70 million has been invested in the Affordable Housing Trust Fund -- but even more funding has gone towards affordable housing outside of that fund, he said.
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"While all the funds have not flown through the Affordable Housing Trust fund, they're going to affordable housing," Donald said. "I think, as administration, we can do a better job of making sure that you know where all those dollars land, and giving you insight into those projects."
Donald agreed that he could make good on councilwoman Reva Trammell's request to produce a report on the Affordable Housing Trust Fund.
Councilwoman Ellen Robertson was heavily opposed to this ordinance during the Sept. 2 committee meeting -- not because she did not support giving Grimm what he is due, but because of her concerns about housing. However, during Monday's meeting, she said that she has since been in talks with city leaders.
Per Robertson, legislation is being drafted to promptly create a "dedicated, absolute, no-question" funding stream for the Affordable Housing Trust Fund that cannot be compromised.
"I'm going to vote to support this, because I'm going to give this administration an opportunity to know that we are trusting them to do exactly what they have promised to do -- and [they've] promised that all of this will be taken care of within 30 days," Roberston said.
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Robertston added that she is "confident that the Avula administration is going to do what is right."
To the citizens attending the meeting who oppose this ordinance, Robertson said she hopes they hold Richmond officials accountable for these promises.
"I want you to be my worst enemy, and the worst enemy of the city, to make sure that we do it," she said.
Council President Cynthia Newbille echoed Robertson's sentiments, saying that the holes in the 2019 ordinance to fund the Affordable Housing Trust Fund would be tightly closed by this new legislation, ensuring that dollars could never be appropriated out of the fund for non-housing needs again.
"Where we need to do work is making sure that, when we rewrite this ordinance, it doesn't have 'from zero to $1 million' as an option," she said, adding that there would "be no lack of clarity" in the new legislation.
The final vote on the ordinance was nearly unanimous, with only councilwoman Kenya Gibson voting against it.
“While nothing can undo the past, this action reflects our commitment to accountability,” said Mayor Danny Avula in a press release issued after the vote. “It’s about facing challenges and making sure Richmond moves forward with integrity and fairness.”
