VIRGINIA BEACH, Va. — The commission tasked to independently investigate the 2019 mass shooting at the Virginia Beach Municipal Center has lost another member, documents obtained by 13News Now show.
David Cariens wrote a letter of resignation — addressed to Virginia Gov. Glenn Youngkin and sent to Attorney General Jason Miyares — detailing his reasons for this decision, including a belief that the Virginia Beach 5/31 Mass Shooting Commission "appears to have been set up to fail from the outset."
"Why now? Because I quite honestly saw the handwriting on the wall. There wouldn't be any way I could get my ideas into the commission's final product. For example, some people still say we're writing a report, which is very different than an investigation," Cariens told 13News Now the day after he resigned.
In an 87-page "Minority Investigation Findings" report also delivered to AG Miyares, he cited "numerous obstacles to our work," and alleges the Virginia Beach city government is engaging in what he calls "a campaign of obstructionism", later citing denied FOIA requests as part of his challenge to obtain information.
"I cannot be part of a Commission that engages in duplicity, half-truths, and excuses for the city and its elected officials and employees," his resignation letter reads.
A spokesperson for the City of Virginia Beach responded on these comments, regarding their communication process with the Commission:
A thoughtful three-step process has been developed for Commission members to request interviews to ensure all members receive the same information. We also make an effort to ensure our elected officials are informed. This process has been communicated to Commission members in writing. Commission members are invited to request staff interviews and submit their questions to staff in advance to the City's Chief of Staff. The Chief of Staff checks staff availability and then informs City Council of the request, the questions posed, and the City's intended responses for situational awareness. Staff have the choice to (1) present their responses in writing or (2) to speak in-person with the entire Commission in a public meeting.
Cariens, a former CIA analyst, was nominated to serve on the group by Virginia Beach Del. Kelly Convirs-Fowler.
In late December, 13News Now reported on Cariens' frustrations with the lack of work output by the group, primarily over high departure numbers and lack of attendance at commission meetings. The originally 21-member group had gone down to 11, which prevented the body from voting or adopting measures, Cariens previously said. After his resignation, Cariens said the number of commission members is down to single digits.
Cariens also cited the need for an investigation rather than a report, which is what was tasked of them in the first place.
“Some have said ‘Why do we need you when we have Hillard Heintze,'" Cariens said, referring to an initial report published in 2019 several months after the shooting.
The 87-page document is the product of "more than 35 interviews of current and past city employees, concerned citizens." It also cites what he perceived to be certain weaknesses with the commission's construction such as its size, lack of subpoena power, budget and more.
When asked why he decided to include a supporting document in addition to his resignation, he said he owed it to the families of the victims.
“When this is all over, I need to look folks in the eye and tell them I did the best I could, and that includes these investigative findings," Cariens said.
He also expressed his disappointment with some of his fellow commission members.
"The behavior of some on the Commission was juvenile. When they had no answers for questions raised, or apparently wanted to protect the City of Virginia Beach, they engaged in inuendoes discrediting the objectivity of other Commission members. The chairman did nothing to stop this," wrote Cariens.
Miyares, who previously served as a state delegate representing a section of Virginia Beach, penned a letter to the commission shortly after the reported departures last December, saying, “I have been incredibly disappointed in the way the Commission has conducted their investigation and review thus far.”
"...treat your task with the seriousness and respect that it deserves. The families that have lost loved ones should expect nothing less," he added.
When asked what he believes Miyares will do with the information, Cariens said it's up to the AG's discretion.
"The problem now is, look how long it's been?" Cariens asked.
"The people of Virginia, particularly all those impacted by gun violence, expected a thorough investigation of the Virginia Beach massacre. They did not get it," Cariens also wrote.
The statement from the City of Virginia Beach spokesperson goes on to say:
We will continue to support the Commission as their needs arise and have a dedicated liaison to ensure inquiries are addressed.