Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, March 2, 1993 TAG: 9303020162
SECTION: CURRENT PAGE: NRV1 EDITION: NEW RIVER VALLEY
SOURCE: KATHY LOAN STAFF WRITER
DATELINE: RADFORD LENGTH: Medium
ATTEMPTED MURDER CHARGE DISMISSED
An attempted murder charge against a 20-year-old Radford man who had approached a drug informant for city police was dismissed Monday in General District Court.But Judge Ray Grubbs sent felony charges of robbery and using a firearm to commit robbery to the next grand jury to consider for indictment.
Thomas A. Newby of West Street is accused of robbing an undercover informant of $130 on Oct. 29.
The informant, who is not being identified at the request of police, testified that Newby pointed a gun at him and threatened him after the informant gave him a ride and asked about buying crack cocaine.
The informant testified that he saw Newby at a Wadsworth Street convenience store and Newby walked up to his car and asked for a ride to a nearby trailer park.
The informant, who at the time was wired so police could listen to conversations, asked Newby where he could find some rock cocaine and Newby told him he could give him $20 worth then. The informant said he may have told Newby he had $100 to spend.
Newby had gone inside a trailer, come back outside and opened the car door when the informant saw the gun, according to testimony. The informant said Newby told him to give him everything.
The informant said Newby pointed the gun at him and said, "Don't come around here. He said, `If you come around here again I'll kill you.' "
The informant gave Newby money and a small piece of rock cocaine.
Police, who had been monitoring the conversation, arrived and yelled for Newby to stop, the informant testified. When Newby turned to look at the officers, he lowered the gun and it discharged, the informant testified.
Newby's attorney, Robbie Jenkins of Radford, asked Grubbs to dismiss the attempted murder charge because the evidence did not support the charge.
Newby may have made threats to take the money, but there is no evidence of a deliberate attempt to kill the man, Jenkins argued. The evidence showed that the gun discharged during the commotion when police arrived, Jenkins said.
The bullet struck the right side of the driver's seat cushion.
Commonwealth's Attorney Randal Duncan likely will present the attempted murder charge to the grand jury and seek a direct indictment.