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

DATE: FRIDAY, June 8, 1990                   TAG: 9006080452
SECTION: VIRGINIA                    PAGE: B3   EDITION: METRO 
SOURCE: Associated Press
DATELINE: MADISON                                LENGTH: Short

STATE TROOPER CLEARED

A state trooper was not driving recklessly when his cruiser hit a compact car broadside, killing two people, a prosecutor said Thursday.

Madison County Commonwealth's Attorney Caroline Watts said Trooper L.A. Leake will not be prosecuted for his part in an accident Feb. 21 that killed Edward Lynn Hicks, 30, and his father, Richard Edward Hicks, 59, of Aroda.

Watts said Leake was speeding without his siren or flashing lights when the cruiser slammed into the Hicks vehicle, which was turning to enter the Madison High School parking lot.

Watts said Leake was pursuing a speeder on U.S. 29, had requested assistance, negotiated other traffic carefully, slowed somewhat at an area known to be congested and otherwise operated his vehicle with concern for the safety of others.

Watts said Leake was not criminally responsible for the deaths.

"I flatly disagree with Mrs. Watts," said Matthew B. Murray, a Charlottesville attorney representing the family of Richard Hicks. "I think the evidence does show [Leake] acted with reckless disregard for the safety of others."

Murray said family members will not pursue criminal prosecution because they "are not vindictive," but he said the family will file a civil lawsuit.

by CNB