Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, September 21, 1993 TAG: 9309210214
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
SOURCE: BY KAREN BARNES STAFF WRITER
DATELINE: BEDFORD LENGTH: Medium
Beattie Ervin Coe, who was found guilty of second-degree murder in 1991, now argues that one of the investigating officers, Lt. Steve Rush, was intoxicated at the crime scene. Coe contends that Rush missed crucial evidence because he was impaired.
Coe's attorney, Terry Grimes, said that evidence includes skid marks, a missing bottle of liquor, a photo taken by a police officer depicting Coe crying at his dining room table after he shot and killed Clayton Jahue Fore on June 1, 1991, and investigators' neglecting to dust for fingerprints on one of the involved vehicles.
"The lack of evidence is only one part of this case," Grimes said. "The consumption of alcohol deteriorates the credibility of witnesses."
Several witnesses, including Rush himself, admitted that Rush had been drinking before arriving at the crime scene near Jordantown. Despite that, witnesses maintained that Rush carried out his responsibilities professionally and thoroughly.
"I saw nothing to indicate he was impaired," Commonwealth's Attorney James Updike testified. "He does not handle alcohol well. You can tell when Steve Rush has been drinking."
Officers who responded to the shooting reiterated the same opinion, as did Sheriff Carl Wells. But a string of Bedford County Sheriff's deputies told the court that they have seen Rush consume alcohol both on and off duty.
Some of that drinking was done while doing undercover work, they said, while one episode allegedly took place in the basement of the sheriff's office and another in an unmarked surveillance van.
"There were times when we were undercover when we had to work in bars," Deputy George Thomas said.
Others related incidents where Rush drank and drove.
"There have been several times when we shouldn't have been doing what we were doing," Deputy Jerry Fielder said.
Other officers testified that Wells pulled them into his office to discuss a potential problem with Rush's drinking, but Rush denied that he was approached about the topic.
There is no established policy within the department for handling such a situation, Grimes said.
Judge Samuel Johnston will decide within 40 days whether Coe will receive a new trial. Coe is serving a 17-year sentence.
by CNB