Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, April 11, 1991 TAG: 9104110547
SECTION: VIRGINIA PAGE: B-2 EDITION: METRO
SOURCE: By DAVID M. POOLE STAFF WRITER
DATELINE: ROCKY MOUNT LENGTH: Medium
The lawsuit alleges that Kimberly Dane Kirk died as a result of the "wanton and malicious" acts of William S. "Billy" Davis and Gary Neil Scott.
Kirk's parents are seeking $250,000 in compensatory damages and $250,000 in punitive damages.
Davis, 52, is serving 24 years in a federal prison for providing Kimberly Kirk with cocaine during a late-night party at his Pittsylvania County farmhouse.
In June 1989, Davis became the first person in Western Virginia to be convicted under a new federal law that gives no chance of parole for people who distribute drugs that cause a death.
Scott, a 25-year-old factory worker from Penhook, was given a probationary sentence for his role in bringing Kirk to the party during his first date with the Snow Creek woman.
Scott, who dumped Kirk's lifeless body outside the emergency room at Franklin Memorial Hospital, testified for the prosecution at Davis' trial.
Testimony indicated that Kirk was a willing participant at the drug party, making several trips to a bathroom where Davis had laid the powder on a counter.
The wrongful death lawsuit claims that Davis and Scott "jointly furnished and encouraged . . . [Kirk] to ingest large amounts of cocaine into her body, causing her death."
Salem lawyer Charles Phillips originally filed the lawsuit in Roanoke County Circuit Court on behalf of Gerald and Betty Kirk.
Tuesday, the lawsuit was transferred to Franklin County Circuit Court, where no court date has been set.
Neither Davis nor Scott could be reached for comment Wednesday.
by CNB