Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, June 7, 1990 TAG: 9006070541
SECTION: VIRGINIA PAGE: B-2 EDITION: EVENING
SOURCE: KEVIN KITTREDGE SHENANDOAH BUREAU
DATELINE: LEXINGTON LENGTH: Medium
"She was intoxicated to the level where she was passed out and didn't know anything," said Jerry Knick, an investigator with the Lexington Police Department.
Knick said the woman, also a W&L student, came to police on her own after the driver's arrest last fall. She took a polygraph test that supported her account, Knick said.
"She hasn't been [charged], and is not likely to be," said Knick, who did not release the woman's name.
Charles B. "Blake" Comer, who police say drove the Honda Accord that killed Scarborough in March 1989, has been charged with hit and run and involuntary manslaughter. The trial of the former W&L student is set for July 25.
Knick said a decision has not been made on whether to charge two former W&L students as accomplices in Scarborough's death. Knick said the two, along with one other man, apparently knew of Comer's alleged involvement. All three were W&L students at the time but have since graduated, Knick said.
Police had said earlier that anyone failing to report the crime could be tried as an accessory after the fact.
Knick said the men lived with Comer at Bare Farm in Rockbridge County when all were still W&L students. He said all knew of the incident "within minutes" of its occurrence.
Asked if they would be charged, Knick said, "One of them will not be for sure. We've made an agreement with him to testify."
He said no decision has been made yet on the other two.
Knick identified the ex-student who has agreed to testify as Richard Brock, but he declined to identify the others.
A 1988-89 W&L directory listed Richard Brock as a student, but gave his address as Lexington.
Police were led to Comer by an unnamed informant in November, eight months after Scarborough was killed. During questioning, Knick said, Comer admitted his car had struck Scarborough but insisted he was alone at the time.
Following Comer's arrest, the woman came to police to say she thought she had been in the car, too, Knick said.
"She came in and told us she thought she might have been in the car, but she was intoxicated," Knick said. "My assumption is they were on their way to Bare Farm for a party. Or he may have been giving her a ride. I don't know."
He said the girl suspected she was a passenger at the time Scarborough was hit on Washington Street because of something Comer said to her later. "He was feeling her out to see if she remembered anything," Knick said.
Knick said he was positive no one else was in the car.
The investigator also said Wednesday that Commonwealth's Attorney Eric Sisler has not stepped down from the case, as an attorney for the Scarborough family suggested he consider doing.
Attorney Ronald Dilthey asked Sisler to consider whether the legal work he sometimes does for W&L creates a conflict of interest in the Comer case. Sisler does some legal work for W&L in addition to his work as prosecutor, the university has confirmed.
Asked if Sisler had stepped down, Knick said, "He hasn't. To my knowledge he's not going to."
Sisler was out of the office Wednesday and unavailable for comment.
by CNB