Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, March 14, 1991 TAG: 9103140423
SECTION: VIRGINIA PAGE: B-3 EDITION: EVENING
SOURCE: By LAURENCE HAMMACK STAFF WRITER
DATELINE: LENGTH: Medium
But when few details emerged from a preliminary hearing in Roanoke General District Court, Judge Julian Raney ruled there was not probable cause to support a first-degree murder charge.
Instead, he certified a second-degree murder charge against Jimmy Lee Penn, 22, who is accused of killing 21-year-old Bobby Devon Hairston during an argument the night of Feb. 1.
Testimony during Wednesday's hearing did not establish a motive for, nor did it provide an eyewitness account of what happened.
One woman seemed reluctant to testify, and a second witness rambled at such length that defense attorney David Nixon suggested that he was intoxicated and asked that he not be allowed to testify.
In asking Raney to declare Ben Walker unqualified to testify, Nixon said that he could smell what appeared to be alcohol on Walker's breath.
When Assistant Commonwealth's Attorney Melvin Hill questioned that assessment, Nixon responded: "If Mr. Hill would step within 3 feet [of Walker], there will be strong corroboration."
Walker denied that he was under the influence, but said he had been drinking the night before and that alcohol might still be on his breath.
After being allowed to continue testifying, Walker said he had been shooting dice near Downing Street at Lincoln Terrace the night ofFeb. 1 when he heard five or six gunshots.
Running around the corner of a building, Walker saw Hairston lying on the ground and Penn running away, he said.
Also testifying Wednesday was a woman who saw Penn shortly after the shooting. She testified that Penn told her that he had shot somebody.
But under cross-examination, she said that Penn's actual words may have been that he "got" somebody.
Keywords:
ROMUR
by CNB