Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, July 6, 1990 TAG: 9007060431
SECTION: VIRGINIA PAGE: B-1 EDITION: STATE
SOURCE: RON BROWN STAFF WRITER
DATELINE: LENGTH: Medium
The attorney for Charles B. "Blake" Comer said his client checked into the Rockbridge County Jail on June 23. Comer is scheduled to go on trial July 25 on involuntary manslaughter and hit-and-run charges in connection with the death of Mary Ashley Scarborough.
"He did it because he wanted to," said Tommy Spencer, Comer's attorney. "He knows he's done something wrong and he wants to start paying his debt. One of the ways he is dealing with his feelings of guilt is going to jail."
Scarborough, 19, was struck and killed on Washington Street in Lexington about 2 a.m. on March 16, 1989. Police said Comer admitted striking the girl after an informant led police to him last November.
Spencer said no plea agreement is in the works, although he said he would entertain the idea.
"I don't know who is prosecuting the case yet," Spencer said.
That snag became public Thursday, when Buena Vista Commonwealth's Attorney Michael S. Irvine, a substitute prosecutor, asked to be taken off the case.
Last week, Irvine was named as prosecutor after Rockbridge County Commonwealth's Attorney Eric Sisler withdrew from the case. Sisler's action came after an attorney for the Scarborough family had questioned whether Sisler may have a conflict of interest because he represents W&L in some legal matters.
Irvine said he learned of his appointment by receiving a copy of a court order in the mail. He was vacationing at Nags Head, N.C., last week when the order was entered by Rockbridge County Circuit Judge Rudolph Bumgardner III. That order was drafted by Sisler for Bumgardner's signature.
Irvine said Sisler had asked him to consider prosecuting the case, but he had made no commitment.
"I did not agree to do it," he said. "They didn't really ask me to do it. As far as the time commitment, I don't know whether I have the time to do it. I just think it was a misunderstanding."
Irvine conducts a private law practice as well as serving as a prosecutor.
"I just wrote a letter to Eric telling him I'd rather not do it," Irvine said Thursday.
Sisler, reached at his home late Thursday, declined to comment for publication.
Patrolman Jerry Knick, who has been the primary investigator, said confusion over the prosecution is only the latest snag to hit the case.
When Knick appeared before the grand jury in February, Sisler had not prepaped an involuntary manslaughter indictment.
"I was told at that time that he wasn't going to go with the involuntary manslaughter charge," Knick said.
That charge would bring a maximum 10-year sentence. The hit-and-run charge carries a maximum five-year prison term.
"After talking to Eric about why the involuntary manslaughter indictment was not there, I called in Chief [Bruce] Beard," Knick said. "It made no sense to me why the involuntary manslaughter indictment was not there."
Also, Knick said he was asked by Sisler to contact two potential witnesses in Texas about testifying against Comer in return for immunity. Those witnesses, who were Comer's roommates at a farmhouse near Lexington, had agreed to make statements and testify, Knick said.
Sisler did not contact the potential witnesses for about 90 days, and then told the witnesses' fathers that he would not grant immunity, Knick said.
Knick said the case is not ready for trial, though the trial date has yet to be moved back.
He said a contract has not been obtained for an accident reconstruction expert, whose testimony would be crucial to the case.
"If the commonwealth's attorney is going to try the case, you have got to have time to get the commonwealth prepared to try the case."
Sisler had said last week that the case was ready for trial.
Knick said he didn't want to see his hard work go for nothing.
"I don't want to see the case go down the tubes," he said. "I just want to see justice done."
by CNB