NORFOLK, Va. — Experts say there have been more domestic violence cases across Hampton Roads during this pandemic.
On February 3, Chesapeake Police found Sammi Jo Burkhart, 37, shot in the 1600 block of Chesapeake Avenue. She later died at the hospital. On Friday, officers captured Mark O'Leary, 40, after a two-day search.
Chesapeake Police said O'Leary is charged with armed burglary, abduction, first-degree murder, use of a firearm to commit a felony, and possession of a firearm by a convicted felon.
Burkhart’s family said they believe her death was preventable and they are fighting for more answers.
“She was very vivacious, fun-loving,” said relative Brea Hawk. “Huge heart.”
Family members said Sammi Jo Burkhart’s smile could light up a room. Now, they have only pictures to look back on.
“It didn’t have to happen,” Hawk said.
Burkhart’s family said she started dating O’Leary last year.
Hawk is also the suspect’s aunt. She said Burkhart and O’Leary had a dangerous relationship. She said Burkhart recently ended it.
“She tried to get away from him,” Hawk said. “She did go back again; she sees the best in people.”
Burkhart’s family claims O’Leary has a history of domestic violence. Virginia’s online case search shows O’Leary was convicted of assault and battery of a family member, abduction, and strangulation, in Norfolk in 2017.
More recently, a Norfolk Police spokesperson tells they charged O’Leary with abduction, domestic assault (3rd offense), use of a firearm, and burglary on January 27, a week before Burkhart's murder.
Two days later, Norfolk court documents show a different woman filed an emergency protective order against him.
We asked Norfolk Police whether they were actively looking for O’Leary then. We are waiting to hear back.
Now, Burkhart’s family wants to protect domestic violence victims.
“I have sent emails and whatever I can to the Attorney General,” said her cousin Melissa Lawrence.
Lawrence wants to work on new legislation.
“Maybe longer sentences,” Lawrence said.
She also wants to suggest mandatory counseling stipulations for parole, and a public search website for domestic violence offenders.
O’Leary was arraigned this week and he will appear back in court for a preliminary hearing on April 28.
There are important legal steps victims can take to build protection against abusers.
Norfolk criminal defense Attorney Kelly Vasta said she has seen an increase in domestic violence cases during the pandemic. She is part of the law practice, Norfolk Justice.
“We have seen a lot more abuse,” Vasta said. “We have seen a lot of cases too, go through the Department of Human Services. There has been more abuse to children, to domestic partners. It has increased rapidly during this pandemic.”
She said victims of abuse need to stay on top of court proceedings.
“You can get a protective order, there are different types of protective orders,” Vasta said. “You can get an emergency one for 72 hours, you can get one extended for 15 days, and then you can get one for up to two years.”
“But, at the end of the day the protective order is just a piece of paper and you still have to take precaution.”
She said the Norfolk Family Justice Center in her building is an extended resource.
“Which has prosecutors that help with family abuse and domestic violence,” Vasta said. “I would urge people that are victims of domestic violence to reach out to organizations that are there to help them. You need that extra help in addition to your legal process of the protective orders.”
Vasta said she does both sides. She does criminal defense and also helps victims establish and obtain protective orders.
“As far as, 'How do you prevent it from going in and out of the courts?' I don’t know if there is an exact answer for that. But the violations are key for protective orders. If you have one against somebody and you know they violated, go ahead and take out a violation and have it heard in front of a judge.”
“Violations are the ones that hold time," Vasta said. "They are misdemeanors for the first one. So, they could get some incarceration for disobeying that piece of paper, and that court order. So, I would just urge people to continue through the process, the legal process to help them.”