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Commonwealth's Attorney

Posted on: May 24, 2019

Court of Appeals Denies Petition for Appeal

Dane, Tony

May 24, 2019

Contact: Heather F. Williamson
Commonwealth’s Attorney’s Office
20 East Market Street
Leesburg, VA  20176-2809
(703) 777-0242



LEESBURG, Virginia – May 22, 2019.  The Court of Appeals of Virginia denied Tony Steven Dane’s petition for appeal on his 2018 convictions for involuntary manslaughter, no operator’s license 2nd or subsequent offense, no insurance, reckless driving, and failure to have his vehicle inspected.

On September 8, 2017, Dane was driving his food truck in Leesburg when he ran a stop sign and crashed into a station wagon being driven by Erin Kaplan.  Mrs. Kaplan was fatally injured in the crash and died at the scene. Mrs. Kaplan’s three teenage children and her mother, who were also riding in the vehicle, were airlifted to Inova Fairfax Hospital where they were treated for their extensive injuries and later released.

After a two-day jury trial in March 2018, a jury found Dane guilty on all counts.

On July 12, 2018, Loudoun County Circuit Court Judge Benjamin N. A. Kendrick upheld the jury verdict and sentenced Dane to a 10 year prison sentence for involuntary manslaughter, 12 months in jail and a $2,500 fine for reckless driving, six months in jail for driving without a license for a second time, and $500 fines for operating a vehicle without insurance and for failure to have a vehicle inspected.

Dane’s appeal alleged that the evidence was insufficient to sustain a conviction for involuntary manslaughter and that the wrong standards of law were applied by the trial court.  The court disagreed, stating that the totality of the evidence presented, supported the conviction, “A reasonable trier of fact could conclude that appellant’s conduct, taken as a whole, evidenced a callous disregard of human life and created circumstances reasonably calculated to result in significant injury or death.”

Dane has been incarcerated since his arrest for these charges in November 2017.

Dane has fourteen days (or until June 5) should he wish to challenge this ruling and continue with further appeals.


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