Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, May 23, 1995 TAG: 9505230095
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
SOURCE: DIANE STRUZZI STAFF WRITER
DATELINE: LENGTH: Medium
Robert May, 27, has been in Roanoke jail ever since he was arrested and charged with shooting five of his neighbors to death as they partied in their Old Southwest carriage house. He faces capital and first-degree murder charges.
In February, a grand jury also charged May with five counts of using a firearm in the killings and one count of possessing a handgun as a convicted felon.
A hearing Monday in Roanoke Circuit Court focused on several motions filed by public defenders Ray Leven and Roger Dalton, primarily constitutional issues that are often raised in death-penalty cases.
Leven said the goal of the hearing was to acquire funds to hire a psychologist to evaluate May. Roanoke Circuit Judge Clifford Weckstein granted up to $2,700 to pay Dr. Evan S. Nelson, a clinical psychologist from Richmond. Any additional funding will require another hearing, Weckstein said.
The mental evaluation is expected to help May's attorneys decide if an insanity plea is applicable.
"I wouldn't know unless I had an expert who knew the area," Leven said after the hearing. "You need an expert to tell you what you have."
Just three hours into the New Year, Roanoke police responded to a report of gunfire on 41/2 Street. Dale Arnold, 36; Susan Hutchinson, 44; Cynthia LaPrade, 43; Daniel Mason, 47; and Carl Stroop, 42, were found dead in the upstairs apartment.
Police arrested May a short time later. In a statement to police, May said he is an alcoholic who relapsed after a period of sobriety. He told police the shooting occurred after someone pulled a gun on him during a drunken argument about which branch of the military - the Navy or the Marines - was better.
Weckstein granted May's attorneys a copy of Stroop's criminal history, because May contends Stroop was the instigator of the argument that night.
The one issue left to argue is a motion by May's attorneys to prohibit the use of the death penalty. Assistant Commonwealth's Attorney Joel Branscom said to effectively argue against the motion he would need to detail the case evidence.
"We've tried to keep as much of the evidence as possible out of the press," Branscom said. "The court can't rule at this point ... since that evidence is not before the court."
Weckstein agreed to hold over the motion.
May's trial is scheduled to begin June 19.
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