ROANOKE TIMES

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

DATE: WEDNESDAY, July 6, 1994                   TAG: 9407060035
SECTION: CURRENT                    PAGE: NRV-2   EDITION: NEW RIVER VALLEY 
SOURCE: By KATHY LOAN STAFF WRITER
DATELINE: CHRISTIANSBURG                                 LENGTH: Medium


WRECK BRINGS MANSLAUGHTER INDICTMENT

A Montgomery County grand jury has returned an involuntary manslaughter indictment against a Sheriff's Office employee involved in a fatal wreck last November.

Robert N. Denham, 53, a deputy who works for the sheriff's maintenance department, was originally charged with reckless driving in the Nov. 24 wreck that killed retired social worker Lillian S. Francis, 81, on Huffville Road near Floyd County.

But last month, Denham was charged with involuntary manslaughter after special prosecutor Randal Duncan, Radford's commonwealth's attorney, reviewed the case with the investigating state trooper.

At a preliminary hearing last week, the reckless driving charge was dropped by Duncan after a judge certified the felony involuntary manslaughter charge to the grand jury.

But Friday, the grand jury returned two indictments against Denham: involuntary manslaughter and reckless driving, a misdemeanor.

Denham was not on duty at the time of the wreck, which happened about one-tenth of a mile from his home.

Denham was on his way to Christiansburg and Francis was on her way home near the Floyd County line when the collision occurred.

Several hours after the crash, Denham said he had checked his mailbox, then driven over a slight rise in the road when he saw Francis' car in the path of his truck, according to testimony last week from Trooper R.L. Tompkins. Denham said he was unable to avoid the collision. After the wreck, Denham tried to help the woman, then ran to a nearby house to call 911.

Tompkins said Denham's truck went over the top of the car then became airborne.

Others indicted on charges by the grand jury Friday included:

Jerry Wayne McIver, 37 , of Christiansburg, on a charge of second-degree murder in the January death of Terry Lee Elswick.

At an April preliminary hearing, two friends of Elswick and McIver testified McIver was showing off a new knife during a gathering at Elswick's home. But, they said, when Elswick walked into the room he thought McIver was attacking a friend. The two began fighting and when it was over, Elswick lay bleeding on the floor and later died at a hospital.

Elswick died of a blunt-force injury to the back of his head, but authorities had not determined what the object was as of the April preliminary hearing.

Virgil Eugene Kincaid Jr., 25, of Salem, on three charges of malicious wounding, using a firearm to commit a felony and possessing a firearm after being convicted of a felony.

The charges involve a Nov. 20 shooting in the parking lot of a Christiansburg fast food restaurant on Roanoke Street.

Matthew Dennihy, 30, of Shawsville, was shot in the right side of his face at the Hardee's near Interstate 81. police said the incident was the result of an altercation that started on U.S. 460 near the bypass when beer cans were thrown at the vehicle in which Dennihy was traveling.

The altercation continued when the vehicles Dennihy and Kincaid were in stopped at the drive-through speaker area of the restaurant. Police said two shots were fired in the air and a third shot struck Dennihy.

Keywords:
FATALITY



 by CNB