Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SATURDAY, March 13, 1993 TAG: 9303130285
SECTION: VIRGINIA PAGE: B1 EDITION: NEW RIVER VALLEY
SOURCE: KATHY LOAN STAFF WRITER
DATELINE: CHRISTIANSBURG LENGTH: Long
CROCKETT KILLER GETS LIFE
Commonwealth's Attorney Phil Keith said he can understand that Lorna Raines Crockett's family isn't happy with a plea agreement that gave one of her accused killers life in prison plus 70 years.Keith isn't happy, either.
"It's obvious any time a loved one is killed, any person would like to see the maximum punishment given," the Montgomery County prosecutor said Friday after the sentence was imposed on William Ray Smith Jr.
But Keith said he had to go forward with the evidence he had available, and "it's impossible from this evidence to tell who fired the shot that killed Mrs. Crockett."
Smith, 19, of Pulaski County, is one of three defendants charged in the slaying of Crockett, a store manager and the mother of three boys.
"I don't make the laws. I just have to follow them and enforce them," Keith said.
Authorities allege Crockett, 32, was abducted by Smith, Katina Lynn Zelenak, and Paul W. Morehead in Christiansburg as she made a night deposit for the shoe store she managed. She was then forced to drive to a secluded location and was fatally shot. Her body was found the next day in her car.
The trio was arrested later that night after they allegedly attempted to rob another store manager, Stuart Arbuckle, who was making a night bank deposit in Blacksburg.
Arbuckle avoided the robbery attempt by jumping in his car and calling police from his cellular phone. He followed a car - later found to contain the defendants, the alleged murder weapon, a .32-caliber handgun, and Crockett's purse - until police arrived.
"People don't realize how lucky everybody has been to catch these people," Keith said. Without the help of Arbuckle, "it's entirely possible that this would be a crime with no solution."
When the suspects were fingerprinted in Blacksburg on the attempted robbery charge, no one knew there had been a murder to which the men eventually would be connected. After fingerprinting, they washed their hands, so Keith said no test was done for gunpowder residue after the murder was discovered.
Friday, Smith avoided a possible death sentence when he pleaded "no contest" to first-degree murder, abduction, robbery and use of a firearm in Crockett's death. He also pleaded guilty to conspiracy to rob Arbuckle, attempted robbery and use of a firearm.
He received life in prison for the murder; 25 years for robbery; 25 years for abduction; 10 years for attempted robbery; six years for conspiracy; and two years for each firearms charge.
Smith's attorney, Jimmy Turk of Radford, said his client did not want to run the risk of a jury recommending a death sentence.
Smith maintains that Morehead fired both shots at Crockett. Morehead says Smith fired both shots, and Zelenak says both men each fired one shot and that she was forced to be the men's wheelman.
"All it would have taken was for a jury to believe Mr. Morehead," Turk said.
One shot passed under Crockett's scalp without penetrating the skull. The other shot was the lethal one. Keith faced the dilemma of being unable to prove that it was Smith that fired the lethal shot.
Keith said Smith - who met Morehead and Zelenak only a few days before Crockett was shot - was originally charged with capital murder based on statements by Zelenak and Morehead that Smith had fired the two shots. Later, Zelenak changed her statement and said both men had fired.
Authorities then charged both men with capital murder in the hope that they would be able to sift through the evidence and determine who fired the fatal shot. Only the person who fired the lethal shot could be convicted of capital murder.
That evidence was not available by Friday, but Keith said "that's not to say that it won't happen by the time we try Mr. Morehead. . . . At this point, we are planning to proceed against Mr. Morehead on the capital murder charge."
Morehead, 21, is scheduled for trial in April.
Keith said he will make what he considers a fair offer to Morehead and his attorney, Jeff Rudd of Roanoke. It will be up to them to decide whether to take the offer or go forward with a jury trial.
But Turk said that if Morehead does not plead guilty, Smith will testify against him.
Zelenak, 20, was sentenced last month to life in prison plus two years after also accepting a plea agreement on Crockett's death. She is scheduled to be formally sentenced next month for conspiracy to commit robbery, use of a firearm and the attempted robbery of Arbuckle. A jury found her guilty earlier this year and set a 14-year prison sentence.
Crockett's family said earlier this week that they were upset that the case was not taken to trial and that Smith will be eligible for parole in about 15 years.
Keith said Friday that parole eligibility guidelines are set by the legislature and the courts must follow those guidelines. People, including prosecutors, that are unhappy with those guidelines need to contact their representatives to lobby to change those laws if they don't like them, Keith said.
And although Smith will become eligible for parole in 15 years, it doesn't mean he will be released on his first review date. The parole board considers a prisoner's behavior, the nature of the crime, and community reaction to the crime when making decisions, Keith said.
He encouraged those with strong feelings about the case to "let the Parole Board know what the community feels about this kind of crime."