ROANOKE TIMES

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

DATE: TUESDAY, August 15, 1995                   TAG: 9508160041
SECTION: VIRGINIA                    PAGE: C1   EDITION: METRO 
SOURCE: KATHY LOAN STAFF WRITER
DATELINE: CHRISTIANSBURG                                 LENGTH: Medium


CHARGE: CAPITAL MURDER

A Montgomery County man now faces a capital murder charge in the killing of his estranged wife over the weekend.

Scotty Wayne Overby, 27, also has been charged with raping Sheila Ann Stafford, 27, and defiling her body.

Overby was arraigned on the new charges Monday afternoon in Montgomery County General District Court.

He had been arraigned on a first-degree murder charge earlier, but the charges were upgraded based on interviews detectives conducted Sunday with Overby. Capital murder is punishable by death.

Overby said little at the arraignment, except to ask for a court-appointed attorney and to ask if the charge now was capital murder.

A Sept. 21 preliminary hearing has been scheduled. Overby is being held without bond in the Montgomery County Jail. Robbie Jenkins and Jimmy Turk, two Radford lawyers, have been appointed to represent him.

Three members of Stafford's family sat in the front row of the courtroom. One man cried, and a woman muttered aloud when Jenkins made a remark about protecting Overby's rights.

Stafford had been separated from Overby for four months. She had been staying in Salem.

Deputies said Sunday that Stafford went to Overby's home about 5:45 p.m. Saturday after he called and asked her to come talk to him. Early Sunday, Overby told a neighbor about the killing and asked the neighbor to call the Sheriff's Office. When deputies arrived about 5, Overby was waiting for them, according to the Sheriff's Office.

An autopsy was conducted Monday. The medical examiner could not be reached Monday afternoon, but authorities said they believe Stafford was raped, killed, then raped again.

Lt. Ron Hamlin said Overby at first said the two had consensual sex, but in a second interview said he had pressed her for sex and that she fought him. Hamlin said Overby said Stafford swore at him after the sexual act was completed. That's when authorities believe she was attacked.

Hamlin said Stafford was strangled to death. Authorities believe she was strangled by hand and with a board, two belts and an alarm-clock cord.

Parts of Stafford's neck and nose were stabbed or cut by a knife, Hamlin said, and her breasts had been mutilated.

Keywords:
FATALITY



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