Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, March 23, 1993 TAG: 9303230157
SECTION: CURRENT PAGE: NRV-1 EDITION: NEW RIVER VALLEY
SOURCE:
DATELINE: PULASKI LENGTH: Medium
GRAND JURY TO HEAR ASSAULT CHARGES AGAINST PRISONER BY KATHY LOAN STAFF WRITE
Four charges of inflicting bodily injury on correctional officers against a man believed to be HIV-positive were certified to a Pulaski County grand jury Monday.Frank Darryl Allen, 35, was charged in December after two incidents at the Pulaski Correctional Unit Dec. 16 and 17.
Four guards said they were attacked by Allen when they attempted to handcuff him and that he taunted them with the possibility that he was carrying the AIDS virus.
Two guards were bitten, one lost two teeth from an elbow-blow to the mouth, and a fourth officer was scratched on both hands and sprained his wrist.
No mention was made of Allen's medical condition during Monday's preliminary hearing, as both the prosecution and defense concentrated on the details of the alleged assault and not on statements the guards say Allen made.
Capt. Steve Montgomery testified that the altercation began after Allen was brought to his office on Dec. 16 about 7 p.m.
Allen had threatened an officer in one of the dormitories in front of other inmates at about 6:45 p.m., Montgomery said in a previous interview.
Montgomery said he listened to the inmate's side of the story in his office. Montgomery told the inmate he would be placed in segregated facilities.
Allen got up from his seat and began to leave the office, so Montgomery and other officers moved to restrain him, Montgomery testified Monday.
A 15-minute struggle began.
Montgomery said Allen scratched him twice on his right hand, once on his left hand. Montgomery also sprained a wrist and a knee in the struggle.
Officer Randy Brooks testified that he was bitten three times, twice on the chest and once on the right bicep. Two of the bites broke his skin, he said.
Brooks testified that Allen lunged up from his chair when Brooks walked toward him to cuff him, and the struggle began.
Sgt. Dave Ayers said he had two teeth knocked loose when he was hit by an elbow-blow from Allen. Ayers said he also had sore ribs and hurt a hand.
Allen eventually was cuffed and then held in facilities separate from the other inmates.
The following day, Brooks and other guards had to enter Allen's cell because they said he was threatening to start a fire with a pile of clothing, bedding and newspapers.
Officer Richard Manning was bitten during a struggle when attempts were made to cuff the prisoner.
Manning testified Monday that he was bitten on the right shoulder. Under cross-examination from David Warburton, a public defender, Manning said he and six other officers went into the cell, and that he walked in carrying a blanket but dropped it.
Manning said he wasn't aware of any injuries Allen might have sustained in the struggle. After court, Warburton said Allen was injured during the Dec. 17 struggle, but declined to be specific.
Judge Ed Turner denied Warburton's motion to dismiss the charges involving Montgomery and Ayers. Warburton argued that those charges were simply an assault case and that Allen was entitled to some level of self-defense during the fracas. He said Allen's struggles were against three to seven officers.
But Steve Plott, assistant commonwealth's attorney, successfully argued against dismissal.
"This man was resisting and they were trying to restrain him," Plott said.
Turner ruled that the struggle began solely as a result of Allen's not allowing the restraints to be placed on him, and sent all four charges on to the next grand jury to consider for indictments.
Allen, who is now being held in the Augusta Correctional Unit, is serving a 10-year sentence for breaking and entering and grand larceny. His mandatory parole date is in June.