The Sword brothers were captured on a video surveillance camera carrying Bailey’s body out of Room 43 of the Olde Towne Inn in downtown Manassas, according to court documents. The video also recorded them “driving the van across the street and removing the body and setting it on fire,” the complaint said.
The body was found in a parking lot in the 9000 block of Church Street, a busy section of downtown Manassas.
Family members said Bailey was homeless and often shared tent space with the Sword brothers in various spots across the county.
Commonwealth’s Attorney Paul B. Ebert (D) said that an autopsy and a medical examiner’s report showed that Bailey had died of a drug overdose. Those reports also determined that the fire did not kill Bailey, ruling out the possibility of murder, prosecutors said.
Asked why the brothers allegedly burned the body, Ebert said: “Probably because they didn’t want people to know that they were doing drugs.” He said authorities are unsure of the exact reason.
Prosecutors say they will continue their investigation.
“We will continue to turn over every piece of evidence we can to find out what happened,” Assistant Commonwealth’s Attorney Rick Conway said.
The Sword brothers were charged with the illegal disposal of a body, a felony that carries a maximum of five years in prison. General District Court Judge William E. Jarvis set a $5,000 bond. The brothers also waived their right to a preliminary hearing Wednesday, and the new charges will move to a grand jury in March.
Bailey’s relatives cried out in court when it became clear that the Sword brothers were no longer being charged with murder. They said outside the courtroom that the brothers’ alleged actions of dumping and burning Bailey’s body should be evidence enough.
“If they didn’t have guilt on them, they would have called 911,” said James Bailey, a brother of the victim. He said his brother had told him he had been fighting with one of the Swords — he was unsure of the reason — for months before they shared the motel room in October.
Bailey said his brother was the kind of person to “argue with you one day and kiss you the next.” But he was unsure whether the Sword brothers had held a grudge.
The Swords “did something,” Bailey said. “But they can’t so-call prove it.”
A defense attorney for one of the Swords declined to comment, as did the brothers’ relatives.