ROANOKE TIMES

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

DATE: WEDNESDAY, February 3, 1993                   TAG: 9302030156
SECTION: CURRENT                    PAGE: NRV-2   EDITION: NEW RIVER VALLEY 
SOURCE: By KATHY LOAN STAFF WRITER
DATELINE: RADFORD                                LENGTH: Medium


DEPUTY ACTED PROPERLY; WOUNDED PRISONER CHARGED

A Floyd County deputy who shot a prisoner he was guarding at Radford Community Hospital last month acted properly, authorities have concluded.

The inmate, Roger Lee Dodson, has been charged with attempted escape and assaulting a law enforcement officer.

Randal Duncan, Radford's commonwealth's attorney, said Tuesday he had met with state and city police and they had decided the deputy "acted properly and he did not act with excessive force."

Dodson, 41, was shot in the left side of his chest by Steve Tolbert, a correctional officer, after a struggle at the door of a secured hospital room.

Dodson was at the hospital after he complained of chest pains while at the Floyd County Jail. He had been arrested two days earlier after being a fugitive from Floyd County for four years. Dodson had been wanted since 1989 on charges of sodomy, aggravated sexual battery and grand larceny.

Floyd County authorities said last week that Dodson slammed a food tray against the door of the hospital room after the door was opened to bring him water he had asked for.

Tolbert was knocked to his knees, but placed his shoulder against the door and continued to attempt to close it while warning Dodson to back away.

Tolbert, 47, is 5-foot-11 and 170 pounds. Dodson is 6-foot-4, 315 pounds.

Tolbert, while on his knees, drew his weapon with his right hand and transferred it to his left hand, Floyd County authorities said last week. As Dodson continued to try to force the door open, the door struck the officer's weapon causing it to discharge into a wall.

After the gun unintentionally misfired, the release stated, Tolbert put the weapon in his right hand and continued to warn Dodson to back up so the door could be shut. But Dodson ignored the warnings and the officer shot him.

Gino Williams, Floyd County's commonwealth's attorney, said last week that Dodson told state police he was trying to be shot.

In a statement given while recuperating at Roanoke Memorial Hospital, Dodson told them: "I wanted him to shoot me. I forced him to shoot me. It is not his fault," Williams said.

Dodson, who is back in the Floyd County Jail, will be arraigned on the charges Monday and a preliminary hearing has been scheduled for Feb. 22 in Radford General District Court.



by Archana Subramaniam by CNB