Judge finds Richmond School Board member defamed former rival, awards $100 in damages
Richmond School Board Representative Emmett Jafari (8th District) owes his former election opponent Patrick Henry “Cruz” Sherman $100 in compensatory damages for a disparaging Facebook post Jafari made during the 2024 election season.
Judge Claire G. Cardwell wrote in her order that while the court acknowledges Jafari’s statements were “defamation per se,” Sherman presented proof of little to no real loss or harm from the statements.
At the center of the case was a since-deleted post that was made on Jafari’s campaign Facebook page on Oct. 30. Jafari described Sherman as an ex-felon – a “One-Man Crimewave” – with “an evasive and elusive history,” before coming to Virginia from Tennessee in 1995.
“With him comes a background of sentences and incarcerations for everything from attempted murder to possessions of illegal avoidance devices, and a host of other offenses,” Jafari wrote in a 2,139-word post that also took aim at 8th District Councilwoman Reva Trammell, community activist Charles Willis and the Richmond Free Press.
Sherman told the court while on the witness stand that Jafari’s statements have had an “adverse effect on me,” adding that there have been “plenty of nights I could not rest.”
“It evokes a lot of emotions, frustration, anger and makes me wonder, why would someone be so venomous?” he said. “Why me? What have I done to this person?”
Sherman does have a criminal record. In 1988, he was convicted of passing bad checks in Memphis, Tennessee, a felony. While on probation, he was also involved in a gang and nearly shot someone, he has said in interviews.
In court, he said he renounced the gang in Tennessee back in the 1980s, and maintained that he has not been in a gang since moving to Virginia. Sherman’s lawyer, Donald Gee, called Jafari’s comments “baseless,” as Sherman has been able to “mentor people and maintain a job” since moving to Virginia.
When asked, Sherman said he did not kill anyone or was accused of attempted murder as Jafari claimed in his Facebook post.
“Would you consider yourself as a ‘one-man crimewave?’” Gee asked Sherman.
“No,” Sherman replied.
Sarah Vogelsong
The courts had already made a default judgement ruling that Jafari defamed Sherman, which Jafari objected to.
During the hearing, Jafari, a former paralegal, argued that because the lawsuit was not properly served, the court does not have jurisdiction to make any ruling and thus “maintain[ed] objections to the proceeding.” Cardwell denied his pleas.
Sherman filed the defamation lawsuit against Jafari two years ago and initially asked for $2 million in damages and court costs. Gee amended it to $50,000 in compensatory and punitive damages at the hearing, adding that Sherman was standing by the original allegation he made in his lawsuit of Jafari defaming him.
The issue has been occurring for the last two years since Jafari made his post, Gee said, and Jafari has refused to retract his statement, leading to Sherman’s credibility being lost.
Gee also called on a witness, Tonya Johnson, to provide testimony proving the extent of the defamation, but Cardwell said the testimony still “fell short of proving reputational damage.”
“The single witness who testified merely stated that the defamatory statements gave her a negative impression of Plaintiff, but that does not equate to reputational damage,” Cardwell wrote in her order.
Cruz said he is reminded of it whenever he sees a photo of Jafari, whenever his name is brought up, or when people “apologize to him about the election” and Jafari’s comments.
Cardwell wrote in her order: “those who approached him regarding the defamatory statements indicated that they were sympathetic towards Plaintiff rather than diminishing their opinion of him.”
Sherman told the court that he has lived in Virginia for over 30 years, maintained his job as a data analyst for Owens and Minor Inc. – a healthcare supply company – for nearly 20 years, while volunteering as a chaplain for the Richmond Police Department for the last five years.
He said he had previously volunteered as a chaplain for other groups since moving to the state. Back in 2003, he received the nickname “Cruz,” which translates to “cross.” In Jafari’s post, he said Sherman is known as “Cruz,” “back in his hometown gang circles.”
“This has been very difficult because I spent the last 40 years rebuilding my life,” he said, responding to questions from his lawyer.
Johnson was also called to the stand, and she recalled being at an event two years ago called the West End Reunion held at Byrd Park that she said Jafari also attended. In a section that had closed seating, Jafari sat directly behind her and heard him say some words.
“He stood up and just started talking, saying, ‘He was a murderer, he was a gangster,’ and he should not be running,” she said, adding that Jafari was not invited or prompted to speak but identified himself and noted that he was running for School Board.
Johnson said she knew of Sherman prior to the event, but did not know of Jafari.
When asked if she believed Jafari’s claims at the time, she said she did and was concerned for her family who was also at the event.
“I don’t want my family or husband around a gangster or a murderer,” she said, causing her to tell others about what she had heard.
A week after Jafari’s post, in the November 2024 election, Jafari narrowly defeated Sherman, winning with a 52% majority to Sherman’s 47% of the vote.
Jafari did not ask Johnson or Sherman any questions but simply objected to their testimonies.
Contact Reporter Victoria A. Ifatusin at vifatusin@richmonder.org
