AUGUSTA COUNTY, VA (Rocktown Now) — The trial of two former Nexus executives accused of embezzling more than $424,000 in inheritance money from Zachary Cruz, the brother of Parkland, Florida, school shooter Nicholas Cruz, continued Tuesday in Augusta County Circuit Court.
Michael Donovan and Richard Moore each face six felony charges related to the alleged theft. The trial began Oct. 20 with jury selection and has included opening statements, prosecution witnesses and testimony from witnesses called by the defense.
The case is expected to move toward closing arguments and jury deliberations as proceedings continue. Meanwhile, Donovan is facing a separate criminal charge in Augusta County involving the alleged forcible assault of a child under the age of 13. A circuit judge denied bond in that case Monday, leaving Donovan in custody.
Trial timeline
Tuesday, Oct. 20: Jury selected
The trial began Tuesday morning with jury selection in Augusta County Circuit Court. A jury of 12 members and two alternates was assembled from a pool of more than 200 potential jurors.
Court proceedings adjourned for the day, with opening arguments scheduled for the following morning.
Donovan and Moore were accused of taking more than $400,000 in inheritance money belonging to Cruz. The charges include exploitation and obtaining money by false pretenses.
Timothy Shipe had also been scheduled for trial, but proceedings against him were subsequently withdrawn.
Wednesday, Oct. 21: Opening arguments and additional charge
Opening arguments began Wednesday morning, with attorneys for both sides presenting their cases before prosecutors called several witnesses to testify.
Donovan and Moore faced six felony charges each in connection with the alleged embezzlement.
Donovan also encountered a separate legal development. He was taken into custody Monday on a charge involving the alleged forcible assault of a child under the age of 13.
The 49-year-old faces a potential mandatory life sentence if convicted of that charge.
Online court records indicated that a bond hearing in the separate case was continued to Wednesday afternoon. An adjudicatory hearing was scheduled for Dec. 16 in Augusta County Juvenile and Domestic Relations Court.
Thursday, Oct. 22: Prosecution testimony continues
Testimony was expected to continue Thursday as prosecutors presented evidence in the embezzlement case.
The prosecution’s allegations center on more than $400,000 in inheritance funds belonging to Cruz. Prosecutors allege the money was improperly transferred through accounts connected to Moore and Donovan.
The case involves financial transactions and the handling of Cruz’s inheritance while the defendants were associated with Nexus.
Friday, Oct. 23: Prosecution rests its case
Prosecutors rested their case Friday morning after calling additional witnesses, including Cruz’s legal guardian and Moore’s former executive assistant.
The former executive assistant testified that he deposited the money into a joint account held by Moore and Cruz. The money subsequently ended up in a joint account shared by Moore and Donovan, according to the information presented in court.
After the prosecution rested, Moore’s attorney filed a motion asking the judge to strike all charges against his client.
The defense argued that prosecutors had failed to meet their burden of proof and characterized the dispute as a civil matter rather than a criminal case.
The judge scheduled a ruling on the motion for Monday morning.
Monday, Oct. 26: Judge denies motion to dismiss charges
The trial resumed Monday in Augusta County Circuit Court, where the judge denied Moore’s motion to strike the charges.
Following the ruling, attorneys for Moore and Donovan began presenting their defense, calling three witnesses to the stand before court adjourned for the day.
The defense was expected to call additional witnesses Tuesday, with closing arguments potentially taking place as early as Tuesday afternoon.
If closing arguments are completed, the case could then go to the jury for deliberations.
Tuesday, Oct. 27: Defense testimony continues; Donovan denied bond
The trial was expected to continue Tuesday morning as attorneys for Moore and Donovan prepared to call additional witnesses.
Closing arguments could take place Tuesday afternoon, depending on the progress of the defense’s case.
Separately, Donovan will remain in custody after a circuit judge denied bond Monday in connection with the child-assault charge filed in Augusta County.
Prosecutors presented recorded testimony from several young men who alleged that Donovan repeatedly sexually abused them over a period of many years. The allegations relate to the separate criminal case and have not been established as proven facts.
Donovan faces one count involving the alleged forcible assault of a child under the age of 13. His separate case is scheduled for an adjudicatory hearing Dec. 16 in Augusta County Juvenile and Domestic Relations Court.
This is a developing story and more information will be added as it is obtained each day in court.
