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

DATE: THURSDAY, February 24, 1994                   TAG: 9402240060
SECTION: VIRGINIA                    PAGE: B-5   EDITION: METRO 
SOURCE: JAN VERTEFEUILLE STAFF WRITER
DATELINE:                                 LENGTH: Medium

JUDGE RULES GUN WASN'T CONCEALED

James Robert Cranwell was not trying to conceal a 9 mm pistol from a police officer during a traffic stop in December, a Roanoke County judge decided Wednesday, dismissing a misdemeanor charge against the son of Del. Richard Cranwell, D-Roanoke County.

James Cranwell's attorney argued that it was too dark for the officer to see the gun when he stopped the four-wheel-drive vehicle driven by Cranwell's girlfriend. Cranwell, 22, cooperated with the officer and showed him the gun's location when he was asked, testimony showed.

Tom Blaylock, Cranwell's attorney, said the gun and the vehicle belong to Cranwell's older brother, C. Richard Cranwell Jr., who appeared in court three weeks ago on his second drunken-driving charge. (A judge delayed a decision in that case indefinitely.)

Asked about the family's recent legal troubles, Blaylock said, "Two things happened to happen. It's no big deal."

Blaylock said he thinks the gun, which had one round in the clip, was used for target practice.

Cranwell's girlfriend, Melissa Ann Jennelle, was stopped on suspicion of drunken driving Dec. 13 by Officer Chris Reynolds, who testified that he saw Cranwell making "furtive gestures" in the passenger's seat, bending down as the vehicle pulled over about 1:30 a.m. on Virginia 419.

As he was arresting Jennelle, Reynolds asked if there were weapons in the car. She didn't answer. When he asked a second time, Cranwell called out that there was one, and showed Reynolds the 9 mm pistol stuck in the passenger door pocket.

Reynolds said only about an inch of the clip was visible, so he considered the gun concealed. But Harris disagreed, saying, "This court has ruled consistently that a gun in a side pocket is not concealed."

Assistant Commonwealth's Attorney Mark Claytor said that although he disagrees with Harris's definition of concealed, "I do acknowledge that [the decision] is perfectly consistent with cases we've had before."

While Roanoke judges recused themselves from hearing Richard Cranwell Jr.'s DUI case because of political ties to his father, Claytor said Harris told him he had no problem trying this case.

Jennelle, 23, of Vinton, was convicted Wednesday of driving while intoxicated.

by CNB