Roanoke Times Copyright (c) 1995, Landmark Communications, Inc. DATE: WEDNESDAY, March 4, 1992 TAG: 9203040223 SECTION: VIRGINIA PAGE: B-3 EDITION: METRO SOURCE: By DAVID M. POOLE STAFF WRITER DATELINE: ROCKY MOUNT LENGTH: Short
Kerby C. DeHart - who already faced murder and firearm charges - was charged with breaking into the woman's home on the night of the slaying.
The new charge carries a prison sentence of 20 years to life.
Prosecutors still are keeping quiet about a possible motive in the June 7 shooting death of Effie Rakes, 81, who lived with her invalid daughter in the Shooting Creek section of Franklin County.
The indictment alleges that DeHart - who grew up in a house across the street - was armed when he broke into Rakes' house to commit a felony.
Commonwealth's Attorney Cliff Hapgood declined to say what crime DeHart allegedly intended to commit.
Authorities have given this theory of the killing:
An intruder broke into Rakes' home through a window in her daughter's bedroom. The 54-year-old daughter - who has been bedridden since childhood - cannot speak or otherwise communicate what she saw that night.
Authorities believe Rakes confronted the intruder and was calling for help from a kitchen telephone. The intruder climbed back out the window, ran around the house and fired a bullet from the porch, striking Rakes in the chest.
Three months after the shooting, DeHart was arrested when it was discovered his fingerprints matched prints found on the window frame and a Budweiser can left in the daughter's bedroom, court documents show.
DeHart's trial is scheduled for April 1 in Franklin County Circuit Court.
by CNB