
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: TUESDAY, October 26, 1993                   TAG: 9310260265
SECTION: VIRGINIA                    PAGE: C-3   EDITION: METRO 
SOURCE: By DAVID M. POOLE STAFF WRITER
DATELINE:                                 LENGTH: Short

WITNESS: ARGUMENT OVER TOMATO LED TO BEATING DEATH

A man charged with murder admitted hitting and kicking the victim during an drunken argument in a Vinton apartment last month, according to court testimony Monday.

But Brian Keith Johnson of Vinton denied delivering the blows that killed his friend, 59-year-old Ralph Dewey Day, according to a transcript of an interview Johnson gave Vinton police after the Sept. 18 slaying.

Monday, substitute Judge E.C. Testerman found enough evidence to forward a murder charge against Johnson to a Roanoke County grand jury.

An autopsy showed that Day died of "blunt force trauma" to the chest, according to Assistant Roanoke County Commonwealth's Attorney Randy Leach.

One witness, who admitted having a hazy memory of the drunken gathering at Johnson's Bush Drive apartment, testified that the argument began when Day ate a tomato that Johnson wanted.

Issac Turner testified that Johnson was the only person he saw strike Day, according to Leach.

Police who arrived at the scene found that Johnson's blood alcohol content registered 0.40 percent - four times the legal limit for drunken driving, Leach said.

Six hours later, a more sober Johnson gave police the statement in which he admitted striking Day, Leach said.

Keywords:
ROMUR

by CNB