Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, January 30, 1992 TAG: 9201300216
SECTION: VIRGINIA PAGE: B3 EDITION: NEW RIVER VALLEY
SOURCE: MARK MORRISON STAFF WRITER
DATELINE: LENGTH: Medium
FATHER TO FACE GUN CHARGE
The father of a 3-year-old boy who accidentally shot and killed a Lexington woman with his father's shotgun will face a misdemeanor charge, Rockbridge County's prosecutor said Wednesday.It will be the second time a person in Southwest Virginia has been charged under a new law aimed at prosecuting adults who leave loaded guns within reach of children.
"A warrant is going to be issued, if it hasn't been already. We're in the process," said Rockbridge Commonwealth's Attorney Eric Sisler.
Wayne Johnston, the boy's father, could face a maximum fine of $500 under a state law that makes it illegal for gun owners to leave a loaded firearm where it endangers children younger than 14. The law went into effect in July.
Police said Johnston's 3-year-old son touched the trigger of a 12-gauge shotgun as the child played in his father's pickup truck outside Lexington Baptist Church following a Sunday evening worship service in November.
The shotgun fired, hitting and killing Linda Myers, a Sunday school teacher who was getting into her car about 15 feet away. The shotgun blast also injured Myers' 13-year-old daughter, Crystal.
The church's pastor, the Rev. Robert Leonard, said following the fatal shooting that Johnston had unloaded the gun after a day of hunting, but then put one shell back in just in case he saw more game while on his way back to his truck.
Leonard said Johnston told him he forgot to take the shell out before placing the gun back in its rack behind the pickup's seat.
The first charge under the new law was dismissed in Franklin County this month when the prosecutor in the case declined to call a 7-year-old boy to testify against his father.
Memo: shorter version ran in the Metro edition.