Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, November 23, 1993 TAG: 9311230254
SECTION: VIRGINIA PAGE: C-3 EDITION: METRO
SOURCE: By LAURENCE HAMMACK STAFF WRITER
DATELINE: LENGTH: Medium
At a hearing Monday in U.S. District Court in Roanoke, Judge Jackson Kiser was asked to grant a new trial in the civil case against Roanoke Police Officer R.J. Scott.
In September, a jury ruled that Scott did not use excessive force when he shot and wounded Carl Simmons of Hampton during what began as a routine traffic stop in Southwest Roanoke.
But Simmons' lawyers say that since the trial, they have learned of a witness whose testimony might have led to a different verdict.
Teresa McGhee, the estranged wife of one of Scott's fellow officers, claims in an affidavit that she has heard Scott say that if anyone failed to stop for him, that person would go to the hospital before he or she went to jail.
Simmons testified during the four-day trial that Scott became angry after Simmons failed to stop immediately for a traffic violation.
According to McGhee, Scott also has made comments about pulling his gun without justification and picking fights with motorists he stopped on slow nights.
"I think there's a likelihood that the result could have been different" had the jury heard McGhee's testimony, said Oldric LaBell, one of Simmons' attorneys.
But Scott's attorney, William Rakes, argued that LaBell and his co-counsel learned of McGhee's testimony during the trial but failed to act on it promptly. "The plaintiff is simply too late," Rakes said.
Kiser did not rule on the motion Monday, saying he will issue a decision in writing.
Simmons was left partially blind and deaf after he was shot in the face the night of Feb. 3, 1992. Scott has testified that he tried to stop Simmons for driving with his lights off, but that the man cursed him and sped away.
Scott testified that after finally stopping Simmons at 10th Street and Howbert Avenue Southwest, he drew his revolver after seeing Simmons reach for what he thought was a weapon.
Scott maintained his revolver went off accidentally when Simmons grabbed the gun; Simmons said it discharged as the angry officer tapped it on Simmons' rolled-down car window.
by CNB