Roanoke Times Copyright (c) 1995, Landmark Communications, Inc. DATE: FRIDAY, June 18, 1993 TAG: 9306180264 SECTION: VIRGINIA PAGE: B-5 EDITION: METRO SOURCE: Associated Press DATELINE: LYNCHBURG LENGTH: Short
Judge Mosby G. Perrow III said the men shot by James N. Mason were intoxicated, profane, aggressive, armed and dangerous. Perrow made his ruling after the prosecution rested its case.
Mason, 18, was charged with first-degree murder, aggravated malicious wounding and two firearms counts in the Nov. 12 shootings of Kirk D. Wright of Forest and Norman E. Martin of Lynchburg.
Defense attorney Joseph Sanzone asked for the dismissal, saying that testimony showed the shootings were justified, because the victims, both white, followed Mason to his home after a confrontation, called him "nigger," threatened his friends and family, and pointed a loaded rifle at him.
"He had a clear right to arm himself," Perrow said.
Mason remains in the city jail awaiting sentencing for an earlier drug conviction. He could face from five to 40 years in prison for possession of cocaine with intent to distribute. The drugs were uncovered during the investigation of the shootings.
by CNB