Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, February 16, 1994 TAG: 9402160063
SECTION: VIRGINIA PAGE: B-1 EDITION: NEW RIVER VALLEY
SOURCE: MICHAEL STOWE and KATHY LOAN STAFF WRITERS
DATELINE: LENGTH: Medium
The Montgomery County Sherriff's Office arrested Neely on Monday evening after two men swore out warrants charging him with assault and battery after a scuffle at Neely's home.
The misdemeanor charges are significant because if Neely is found guilty, federal authorities will revoke his bond, and the ex-lawyer will be forced to begin his 10-year prison term.
However, Neely said he acted in self-defense.
Neely retaliated Tuesday, swearing out warrants against his two accusers, the sons of his Christiansburg landlord, Lynda Nelson.
A hearing in Montgomery County General District Court is scheduled next Tuesday.
Neely has charged Eric and Kevin Wiltsee with assault and battery and trespassing. Kevin Wiltsee also faces a destruction of property charge.
The Wiltsee brothers said Neely attacked them Saturday after finding them loading wood into Neely's house at 110 Farmview Road.
Eric Wiltsee lives next to Neely in an apartment attached to the house Neely rents.
In his statement to the police, Kevin Wiltsee said the confrontation started after Neely said he didn't need help bringing in firewood.
"I told Mr. Neely I didn't think he had the [sense] God gave an ostrich. First, he let the oil run out, and now he was going to let the wood stoves burn out," said the statement.
Kevin Wiltsee said the brothers then turned to leave.
"At that time, I saw a flash of light and felt a jarring sensation in my head," his statements said. "I could see Mr. Neely above me [hitting] me in the head."
Wiltsee admitted that he began to strike Neely with a flashlight as they wrestled on the floor. Eric Wiltsee, in his statement, says Neely struck him twice in the head.
"I moved back and retreated into the yard yelling `Call the cops, call the cops,' " and Neely backed off, according to Eric Wiltsee's statement.
But Neely is subpoenaing 911 tapes he says will show that it was his daughter who called 911 to report Neely was being assaulted by the Wiltsees.
Neely said he came home to find that someone had been in his home. A door to the apartment that usually is locked was open, and a nearby table was overturned, Neely said.
Neely said he had told Eric Wiltsee several weeks ago that he didn't want him starting the stove because Neely had books and boxes nearby he was afraid would ignite.
When he saw the Wiltsees coming up the basement steps, Neely said he asked them to leave.
Neely said Tuesday he heard Kevin Wiltsee kicking Neely's belongings in the basement. Neely later found a broken iron, and that is the basis of the destruction of property charge.
Neely said Kevin Wiltsee hit him in the head with a flashlight and he struck back. Neely says Eric Wiltsee also struck him.
Neely says he acted to protect himself and his property. He said he notified his attorney and the federal pretrial services of the incident.
Neely, 44, was sentenced to 10 years in prison last month for using his law office to help smuggle drugs and launder drug profits.
Judge Jackson Kiser allowed Neely to remain free on bond until his case can be heard by the U.S. Court of Appeals in Richmond.
Don Aker, supervisor for the federal pretrial services in Roanoke, wouldn't comment specifically on Neely's case, but he did say bond is automatically revoked in any case where the defendant breaks the law.
The bond can be revoked simply because new charges are filed against a defendant, Aker said, but usually isn't in misdemeanor cases.
"Not unless it's regarding a danger to the community, because anyone could make a bogus charge," he said.
Karen Peters, the U.S. attorney who prosecuted Neely, said she would wait until after the pretrial services investigation before deciding whether to ask the judge to revoke Neely's bond.
Peters objected to Neely's release after his sentencing, calling it a double standard because other drug offenders are sent straight to prison.
Memo: shorter version ran in the Metro edition.