Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, May 4, 1995 TAG: 9505040075
SECTION: CURRENT PAGE: NRV-7 EDITION: NEW RIVER VALLEY
SOURCE: Associated Press
DATELINE: RICHMOND LENGTH: Medium
A jury found that Monroe, who was de la Burde's lover for 11 years, killed him in a fit of jealously after learning that he was having an affair with another woman who was pregnant with his child. She was sentenced to 20 years in prison for murder and two years for using a firearm in a felony.
De la Burde was best known in Western Virginia for his gifts of art to Radford University.
Before his death, de la Burde had donated $250,000 worth of art to Radford. In all, he gave the university 106 works, including 31 Nigerian pieces, said Anna Fariello, director of the university's art galleries. The sculpture court at the university is named for his daughter, a Radford graduate, and a symposium featuring the African work had been scheduled right about the time of de la Burde's death, she said.
On appeal, Monroe alleged several trial errors and claimed the evidence was insufficient to support a conviction. The appeals court on Tuesday rejected all of her arguments.
``The commonwealth proved beyond a reasonable doubt that the circumstances of time, place, motive, means, opportunity and conduct concurred in linking Beverly Monroe to the crime,'' Judge Sam W. Coleman III wrote in a unanimous opinion.
Monroe gave conflicting statements about whether she was at de la Burde's estate when he was killed on March 4, 1992. His body was found the next day. He died from a single gunshot wound to the head. A pistol was found beside his hand.
Monroe claimed de la Burde committed suicide. However, a forensic expert testified that the location of the wound and the downward trajectory of the shot indicated someone other than de la Burde pulled the trigger.
``Other evidence showed that de la Burde was excited about the possibility of fathering a child, that he was anxious to pursue a real estate deal, and that he was arranging detailed meetings and plans to take place in the days and weeks after he died,'' Coleman wrote.
The court also rejected Monroe's claim that Circuit Judge Thomas V. Warren should not have allowed the testimony of a woman who said Monroe had asked her how she could acquire an unregistered gun.
``The fact that Monroe sought to obtain a deadly weapon that could not be traced to her was relevant to prove that she attempted to obtain the means to inflict death or serious bodily harm to another at a time when she had a reason or motive for wanting to do so,'' Coleman wrote.
The murder weapon, however, was de la Burde's own gun. Monroe knew where he kept the handgun, the appeals court noted.
by CNB