ROANOKE TIMES

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

DATE: SATURDAY, October 23, 1993                   TAG: 9310230011
SECTION: VIRGINIA                    PAGE: C-1   EDITION: METRO 
SOURCE: STEPHEN FOSTER STAFF WRITER
DATELINE: BLACKSBURG                                LENGTH: Medium


MAN GAVE KINDNESS, THEN LIFE

As Jimmy Gaither stood in court Thursday, charged with stealing a cat, William Epperly told a judge Gaither was "a fine fellow."

That night, police say, Gaither killed Epperly.

Blacksburg police say witnesses heard or saw Gaither beating Epperly against the wall of Epperly's apartment at the Lake Terrace Motel on South Main Street in Blacksburg.

When police arrived about 8:15 p.m., Epperly, 55, was in cardiac arrest, Capt. William Brown said. He was dead on arrival at Montgomery Regional Hospital.

An autopsy Friday showed Epperly, who suffered from heart disease, died of a heart attack, said Dr. William Massello, assistant deputy chief medical examiner for Western Virginia.

Gaither, 25, was charged with voluntary manslaughter and was held without bond in the Blacksburg Jail Friday.

On Thursday, the two had been in Montgomery County General District Court. Gaither had been charged with stealing a cat in August from another Lake Terrace resident.

Brown said Epperly told authorities that he'd seen Gaither take the cat. But in court Thursday, he had only praise for Gaither.

"What he said was not against [Gaither]," said Peggy Frank, an assistant commonwealth's attorney. "What he said was what a fine person he was, and how Mr. Gaither would take him to the grocery store.

"I'd be shocked if that's what this is over."

The case was dismissed when the cat's owner decided to drop the charge, Frank said.

Epperly, who is retired, had lived at the motel since May, manager Arnold Hodge said. The motel, on the south side of Blacksburg, includes 17 efficiency apartments that residents usually rent monthly and 53 rooms usually rented weekly.

Hodge said Epperly was disabled with arthritis. "If he wanted to pick up a cup of coffee, he had to do it like this," said Hodge, lifting a plastic foam cup by its rim. Epperly walked with a crutch or a cane.

Authorities say Gaither's attack - though apparently not severe - led to Epperly's heart attack.

"Mr. Epperly had a heart attack as a direct result" of the beating, Brown asserted.

No weapon was used in the attack, and police say there were no visible injuries. Police didn't know what the motive was or how long the beating lasted.

"He had no business being here; he wasn't registered," Hodge said of Gaither, who worked at a nearby fast-food restaurant. Hodge couldn't recall any past violence at the motel.

Montgomery County Commonwealth's Attorney Phil Keith said the charge could be upgraded to murder if it's shown that a beating led directly to Epperly's heart attack.



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