Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, May 11, 1990 TAG: 9005110368
SECTION: VIRGINIA PAGE: B1 EDITION: METRO
SOURCE: NEAL THOMPSON NEW RIVER VALLEY BUREAU
DATELINE: CHRISTIANSBURG LENGTH: Medium
The award, one of Montgomery County's largest in a civil suit, brought an end to four days of a confusing trial that involved 10 people - including two men representing themselves - four lawyers and a complicated series of lawsuits.
It took the jury two hours to come back with a decision to award Steve Jewel $25,655 in damages for injuries and lost wages. It recommended $500,000 in punitive damages, apparently heeding a request by one of Jewel's attorneys, Keith Neely, to "send a message."
The verdict went against Katherine Howard, the estate of her dead husband, John, and two security guards who shot Jewel three times the night of Aug. 1, 1986.
The security guards - James D. Clark and Burke W. May - were hired by John and Katherine Howard to protect against vandalism they believed was being done by John's brother, Frank, and his friends.
The two brothers had argued for nearly a year over land they both wanted that was owned by their mother, Mabel. The two had accused each other of vandalism, threats and harassment.
The rivalry peaked Aug. 1, when Frank Howard and six friends, including Jewel, drove their cars to the edge of Frank's property where it borders John Howard's land. A hundred yards away, Clark and May crouched inside John Howard's carport armed with rifles, pistols and a shotgun.
A shootout erupted and both sides later claimed the other fired first. Steve Jewel was shot in an arm, leg and lower abdomen, and a doctor testified this week that Jewel has permanent damage to one arm.
Jewel later sued Clark, May, Katherine Howard and the estate of her late husband, who apparently killed himself days after the shooting. Jewel sought $3.5 million.
Katherine Howard then sued Jewel, Frank Howard and the five others who were with him that night. And they, in turn, countersued Katherine Howard. The jury canceled out those suits.
Aside from Jewel, they offered $5,392 in damages to Jimmy Miller, Frank Howard's friend who was nicked in the finger by a bullet. And they offered $832 to Richard Jewel, whose truck was hit by bullets.
Neely, who co-represented Jewel and the six others with Radford attorney James Turk, said: "We asked that they [the jury] set an example, and that's exactly what they did. . . . People can't go around pretending they're Rambo."
Katherine Howard's attorneys, Jerry Jebo of Radford and Don Huffman of Roanoke, were given two weeks to file motions in response to the jury's decision.
Jebo said he would be filing motions, but did not say whether he would appeal.
Frank Howard and his wife, Joyce, said they weren't concerned with the money, they were just glad it was over.
"It certainly has been a headache," said Frank Howard, who was denied the $3 million in damages for emotional distress he sought from Katherine Howard.
Montgomery County Circuit Judge Kenneth Devore, who presided over the case, chided both sides after the trial.
"This should never have happened," Devore said. "If there's still some hard feelings left, erase them. [Because] if you have contact with each other and it comes up in criminal court, I'll take care of it."
After it was over, most of those involved admitted the trial was a strange and confusing one.
"I'm glad it's over," Turk said.
More than 20 witnesses were called and most of them were questioned three times on the stand - once by Neely or Turk, once by Jebo or Huffman and once by Clark or May, each of whom represented himself.
by CNB