LAWYER SAYS CLIENT WAS DRUNK WHEN HE FIRED PISTOL AT POLICE

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

DATE: SATURDAY, February 22, 1992                   TAG: 9202220165
SECTION: CURRENT                    PAGE: NRV-8   EDITION: NEW RIVER VALLEY 
SOURCE: By KATHY LOAN
DATELINE: CHRISTIANSBURG                                LENGTH: Medium
LAWYER SAYS CLIENT WAS DRUNK WHEN HE FIRED PISTOL AT POLICE
A Montgomery County man was described by his attorney Friday as "knee-walking drunk" last August when he fired a .22-caliber handgun at several law enforcement officers in Plum Creek.
Robert Cloyd Burton, 41, pleaded guilty in Montgomery County Circuit Court to attempted malicious wounding of a police officer, possession of a firearm and use of a firearm in commission of a felony.
Burton was originally indicted on a charge of attempted capital murder of a police officer. But in a plea agreement, the charge was reduced to attempted malicious wounding, with the concurrence of the officers involved, said Commonwealth's Attorney Phil Keith.
Judge Kenneth Devore found Burton guilty of each charge and imposed prison terms totaling 10 years.
Devore accepted a plea agreement recommendation and ordered Burton to serve the two-year mandatory sentence for using a firearm, after which Burton will be on probation for eight years.
Keith said county Deputy J.D. Robinson, state troopers and an ABC agent were called to an area of Montgomery County after someone called to report "a drunk with a gun."
When they arrived, a man came out of a barn, fired a shot, and returned to the barn.
Another deputy, Sgt. R.L. Hamlin, arrived and Burton said "he was going to kill them all," Keith said. Burton wildly fired more shots, fell on the ground, fired two more shots then was arrested, Keith said.
No officers were injured.
Defense attorney Max Jenkins told Devore that Burton works at Radford University and lives with his sister. While his client does have felony convictions for breaking and entering, those where some years back, Jenkins said. Keith said the convictions were in 1968 and 1970.
The Radford University directory lists Burton as a food operations assistant who lives in the 1100 block of Rock Road.
"Everybody wanted to give you a break and I went along with it," Devore said to Burton after sentencing him. Burton, who will be placed in a work-release program, will report to jail to begin serving the two-year sentence on Friday evening.

by Bhavesh Jinadra by CNB