Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, January 21, 1994 TAG: 9401210195
SECTION: VIRGINIA PAGE: B1 EDITION: NEW RIVER VALLEY
SOURCE: KATHY LOAN STAFF WRITER
DATELINE: PULASKI LENGTH: Medium
A Pulaski County jury likely will decide today if Garnet Price, owner of Price Construction in Pulaski County, was the person who shot Harris and dumped his body in the New River near Radford 13 months ago.
Commonwealth's Attorney Everett Shockley spent most of Thursday trying to prove that Price was responsible for Harris' death, but Price told the jury that Shockley's chief witness was the man who killed Harris.
Alfred "Marty" Albert, an employee of Price Construction, testified that he was shocked and scared when Price shot Harris on the side of Hazel Hollow Road and then ordered Albert to help put Harris in the river.
Harris' body was retrieved from the water Dec. 21, 1992, five days after he was shot. He was 46.
Price, 50, testified Thursday that Harris, upset after Albert had attacked Harris several times during the course of the evening, had reached for a gun in Price's car. Price said he stopped his car and got out with the gun, which fired once when Harris fell toward him, grabbing for the weapon. Harris then fell down the river bank.
Price said it was Albert who went after Harris and shot him twice more, killing him.
Albert testified that he, Price and other workers at the contracting business were upset because they discovered that marijuana they had bought from Harris was tainted.
According to testimony, the marijuana had been sprayed with Fresca to make it appear sticky, an indication of potency. Also, seeds had been added to increase the marijuana's weight.
Albert testified that Price had twice bought marijuana from Harris for some of his employees, who would reimburse Price through paycheck deductions.
"The ones that wanted it, got it," Albert testified.
Albert said that on Dec. 16, he and two other workers drove to Fairlawn, picked up Harris and took him to Price's shop. Albert said he, Price and others were upset after detecting an ammonia smell to the marijuana.
Albert told the jury he did threaten Harris' life while he and the others were confronting Harris. Albert said he had no intention of following through and was simply trying to scare Harris into making amends for the bad marijuana.
Albert testified that Harris agreed to pay back Price at the end of the week, and that he and Price left to drive Harris home.
Instead, Albert testified, Price stopped his car as the trio drove along Hazel Hollow Road, ordered Harris out, then shot him with a .44-caliber Magnum.
"I looked back and saw Dale fall over the bank. . . . It sounded like he said `Shoot me again' as he fell," Albert testified.
Albert said Price made him help put Harris in the river. After the two men returned to Price's car, Albert said, Price got back out, went back over the river bank and fired two more shots.
Harris died of a gunshot wound to the abdomen, according to an autopsy. William Massello, assistant chief medical examiner for Western Virginia, testified that Harris likely was dead or dying when he was put in the river.
Albert also testified that Price had him dispose of the gun and remaining bullets.
The gun was recovered from the New River in June in Wythe County by state police divers.
Price told the jury he had a reputation for opposing drug use and denied buying marijuana from Harris for his workers.
Price - during questioning by his lawyer, John Quigley of Christiansburg - said the events of Dec. 16 began to unfold when Albert asked him to call Harris because Albert was upset that a family member had gotten ill from smoking marijuana Harris provided.
"I said, `I'm not getting involved in it . . . It's your deal, your pot.' "
Price said he did fire a shotgun into the air to try to restore order after Albert and others were threatening Harris.
Keywords:
FATALITY
Memo: shorter version ran in the Metro edition.