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

DATE: TUESDAY, November 22, 1994                   TAG: 9411220135
SECTION: VIRGINIA                    PAGE: C3   EDITION: METRO 
SOURCE: RON BROWN STAFF WRITER
DATELINE: FINCASTLE                                 LENGTH: Medium

BOTETOURT MURDER CHARGE THROWN OUT

A Circuit Court judge has thrown out a murder charge against a Botetourt County man, saying prosecutors failed to prove that Charles Travis Shelor had malicious intent in the death of Brian W. Andrews.

Shelor, 23, still faces drunken-driving and aggravated involuntary manslaughter charges in connection with a May 1 wreck on Virginia 606.

Investigators allege that Andrews was a passenger in a car driven by Shelor that ran off the road, struck several trees and overturned. Shelor has denied that he was driving the car.

Authorities allege that Shelor's blood-alcohol content the morning of the accident was more than 21/2 times the legal limit for intoxication.

But Judge George E. Honts III ruled that Virginia case law says that malice - an essential factor in a murder charge - cannot be inferred simply because someone was driving drunk.

Honts' ruling came after defense attorneys made pretrial motions last week. Shelor still could face a 20-year prison term if convicted of the other charges.

Honts further prevented prosecutors from presenting Shelor's driving record and providing testimony from an accident reconstruction witness.

Honts said the facts of the case speak for themselves and that a reconstruction witness would only provide increased opportunity for an appeal in the case.

Honts also said Virginia appeals courts have ruled on numerous occasions that unless a prior conviction is relevant to the charges at hand, the prior conviction probably is inadmissible.

Botetourt County Commonwealth's Attorney Rob Hagan said he plans to ask Honts to reconsider the introduction of Shelor's driving record.

Shelor's license was suspended for three years after he was convicted on drunken-driving charges for the second time in December 1992.

Hagan would not comment on what his argument would be.

He is willing to concede defense arguments against using an accident reconstruction witness.

"Accident reconstruction testimony is rarely admissible in a criminal case in Virginia," Hagan said.

Keywords:
FATALITY

by CNB