Amherst Co. supports extending Line of Duty benefits

An officer salutes during the celebration of life for Wintergreen Police Officer Mark Christopher “Chris” Wagner II at the Augusta Expo Event Center in Fisherville on Monday, June 25, 2023.

AMHERST — In solidarity with Nelson County and a growing number of localities in honoring the memory of slain Wintergreen police officer Mark "Chris" Wagner II, the Amherst County Board of Supervisors approved a resolution Tuesday requesting the Line of Duty Act be amended to allow private officers to receive benefits under the legislation.

Wagner, who joined the Wintergreen Police Department in August 2020, was killed in the line of duty on June 16 while responding to an assault incident. The state’s Line of Duty Act currently excludes private police officers from benefits, which spurred Nelson County officials to seek the amendment many localities’ governing boards are supporting.

Nelson County Board of Supervisors Chair Jesse Rutherford addressed the Amherst board during its meeting Tuesday. Nelson County Supervisor David Parr, Wintergreen Police Chief Dennis Russell and Sen. Mark Peake, R-Lynchburg, attended the meeting in support of the resolution.

Rutherford said similar resolutions as of Aug. 1 have passed in Montgomery, Augusta, Greene, Madison and Nelson counties, and is on the agenda for other localities’ governing bodies.

“There could be more and we’re finding out more as we go,” Rutherford said.

Rutherford described Wagner as “one of our own” and the breadwinner of his family.

“It’s an unfortunate reality,” Rutherford said. “These particular circumstances reveal spots in society that we’ve got to fill.”

Wagner’s family and others in similar situations are faced with the conversation of how to pay the mortgage and other pressing financial needs, Rutherford said.

“It shouldn’t be one,” he said of such conversations. “That’s something we realize in Nelson County that, this is a gap there.”

Fundraising and community support efforts are bridging the gap for the Wagner family, he said.

“However, we want to make sure that that discussion isn’t needed,” Rutherford said. "Line of duty benefits is a critical aspect for our law enforcement so that when they serve, that if they do pass away, they know their families back home are taken care of.”

Rutherford said if a Wintergreen officer and deputy with the Nelson County Sheriff’s Office responds to the same incident and both are tragically killed under the current state legislations, the Line of Duty benefit would go to one and not the other.

“There’s a lot of details to be figured out … currently we do know this: that not having an option is not an option,” Rutherford said.

He said Amherst County is “family” with neighboring Nelson County in sharing similar culture, residential areas and businesses, adding seeking the county's support was a no-brainer.

Peake has agreed to help carry the proposed amendment forward on the Senate side.

“We’re hoping to get this through pretty expeditiously but we need the support of localities just putting ink on paper saying to move forward,” Rutherford said.

The resolution honors Wagner for “his heroism and honorable service to the citizens of Wintergreen” and Nelson County “for whom he made the ultimate sacrifice.” Tom Martin, the Amherst board’s chair, said Amherst County joined Nelson County in mourning the late officer.

“That hit very close to home for all of us; when your community hurts — our does also,” Martin said.

Peake thanked the board for supporting the effort and said all law enforcement officer put their lives on the line for their communities.

“We’re going to do everything we can to look out for the officers,” Peake said.

Wagner

Justin Faulconer, (434) 473-2607

[email protected]

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