Assault sentence: One year in jail, $2,500 fine

By KIPP HANLEY, Potomac News & Manassas Journal Messenger
Published: May 1, 2008

Woodbridge resident David Allen Hagelin was sentenced Wednesday to a year in prison and was issued a $2,500 fine for assaulting his former attorney last November.

Hagelin, 45, was charged with attempted capital murder for attacking lawyer Jennifer Zary at the Prince William-Manassas Adult Detention Center on Nov. 6.  However, after just 45 minutes of deliberation on Tuesday, the jury found Hagelin guilty of only assault and battery.

When the incident occurred, Hagelin was in jail awaiting trial on rape, forcible sodomy, object penetration, aggra-vated malicious wounding and abduction with intent to defile charges from an Aug. 1 incident outside of Manassas Park.

Hagelin pleaded guilty to those charges in March and will be sentenced on May 22. Information about these charges were not disclosed at either the trial or prior to the sentencing.

Prior to a verdict, a jury is not allowed to hear information on a separate crime that may or may not have been committed by the accused.

Before being read the verdict Wednesday, Hagelin returned to the witness stand and expressed remorse for his actions as Zary sat near the back of the courtroom.

"I would like to apologize," Hagelin said. "I did scare her and caused her great anguish and pain. ... I don't know if she will ever forgive me."

On Nov. 6, Hagelin was led down to one of three interview rooms set aside for prisoners and their legal representa-tives to meet with Zary. During her testimony, Zary said after an hour of meeting, the conversation became heated.

Zary said when she told Hagelin they were done meeting, Hagelin stood up and said "we're not done." Zary said she yelled to try to get the attention of prison therapist Eleanor Heath, who was next door counseling another prisoner in one of the three soundproof booths.

That's when Hagelin said he was going to kill her, Zary said.

According to Zary's testimony, he then knocked her down and began to choke her and knock her head against the floor.

Officer Eric L. Waddington testified that he was doing his rounds outside the room and happened to see the expression on her face through the window before the attack and said "she just looked alarmed." As he was reaching for his keys, Waddington said he saw Hagelin knock Zary over.

He exclaimed "Holy shit," which got the attention of others nearby.

Ultimately, three other officers testified that they assisted Waddington subdue Hagelin before a fourth officer helped pull Zary out of the fray. Zary was led into the adjacent booth where Heath comforted the sobbing, shaking 32-year-old attorney.

During his testimony, Hagelin claimed he just lost his cool and was trying to prevent her from leaving. However, five witnesses testified that Hagelin resisted their attempts to free Zary from Hagelin's grip.

Staff writer Kipp Hanley can be reached at 703-369-5738.