Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, May 10, 1990 TAG: 9005100169
SECTION: VIRGINIA PAGE: B-1 EDITION: METRO
SOURCE: By NEAL THOMPSON NEW RIVER VALLEY BUREAU
DATELINE: CHRISTIANSBURG LENGTH: Medium
About $45 million is at stake in this so-called "family feud" case that involves the 10 people at the scene of the shooting. Two are representing themselves, and four lawyers are representing the others.
Testimony ended Wednesday, and closing arguments are scheduled for this morning. After that, a Montgomery County Circuit Court jury will sort through a mound of evidence and three days of testimony before reaching a decision.
The shootout that brought these people to court happened late Aug. 1 at the boundary between the properties of two brothers, John and Frank Howard.
John Howard's wife, Katherine, testified Wednesday that the events leading to the shooting revolved around a dispute between the two brothers over some land owned by their mother, Mabel.
That dispute, which led to claims by both sides of vandalism and threats, climaxed with the shooting.
John Howard and two security guards he had hired were in his house that night while Frank and six friends were 100 yards away in Frank Howard's field near their cars.
Though both sides say the other started shooting first, Frank Howard's friend and distant relative Steve Jewel was shot three times.
A year later, Jewel sued James D. Clark and Burke W. May - the two security guards who shot him - Katherine Howard and the estate of her deceased husband, John, who apparently killed himself a few days after the shooting.
Katherine Howard later sued Jewel, Frank Howard and the five others who were in Frank Howard's field that night, seeking $3 million from each. Those seven, excluding Jewel, each sued Katherine Howard for $3 million.
Katherine Howard admitted Wednesday she did not want to sue Jewel and did so only after he sued her.
"I didn't want any lawsuits at all," she testified.
She testified she had requested at the time both suits be dropped, but Jewel declined. Jewel is seeking $3.5 million for injuries and suffering when he was shot in the arm, leg and lower abdomen.
Jewel was the only one seriously injured that night. Jimmy Miller, another friend of Frank Howard's, was nicked by a bullet in the finger.
Katherine Howard's attorneys, Jerry Jebo of Radford and Don Huffman of Roanoke, finished presenting their evidence and will give closing arguments today.
Clark and May, who are named as defendants in only Jewel's lawsuit, have been representing themselves. They questioned witnesses, but called no witnesses and presented no evidence, except for Clark, who took the stand in his own defense.
They also will probably give closing arguments along with James Turk of Radford and Keith Neely of Christiansburg, who are representing Jewel and the others.
by CNB