Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, September 1, 1995 TAG: 9509010054
SECTION: VIRGINIA PAGE: B-1 EDITION: METRO
SOURCE: LAURENCE HAMMACK STAFF WRITER
DATELINE: LENGTH: Medium
Michael J. Houser said that he and his friend from prison, Thomas A. Burton, picked out Randall E. Carter for a robbery after hearing rumors he was a drug dealer - figuring there would be drugs or money for the taking at Carter's Memorial Avenue home.
After hearing Houser describe how Burton shot Carter three times during the botched robbery, Roanoke General District Judge Vincent Lilley found probable cause to support capital murder and robbery charges against Burton, 28. The case now goes to a grand jury.
Houser, who also faces the death penalty for his role in the killing, said he has received no promises of leniency in return for his testimony against Burton.
In flat, matter-of-fact testimony, he gave the following account:
After discussing the robbery plan over drinks, he, Burton and a third man got a gun and went to pay Carter a visit.
The 48-year-old man answered their knock on his door about 2 a.m., wearing just a towel wrapped around his waist. Once inside, Houser testified, Burton pulled the gun on Carter and asked, "Where is it at?''
Carter directed them to the refrigerator, where Houser found a small amount of marijuana in the butter tray. But that wasn't enough for Burton, who fired a shot into the living room wall and warned Carter: "The next one's for you," Houser said.
Carter then made a reference to it being "lying around here somewhere," and Houser took him by the arm and began to lead him toward the kitchen. When Carter broke back toward the living room, Houser said, he heard a gunshot and felt the bullet rip through his stomach.
Houser said he fell to the floor, "and the next thing I knew, I heard two more shots." He looked up in time to see Burton firing a third shot into Carter, this one directly into his forehead from a range of about 2 feet, Houser testified.
The men then fled the house, leaving Carter lying in a pool of blood. He died the following day at Roanoke Memorial Hospital.
Houser also was taken to the hospital, where he gave a statement to police - the first of several different stories he would tell about what happened. But Commonwealth's Attorney Donald Caldwell said the account Houser gave in court Thursday is consistent with other evidence found at the house.
No charges have been filed against the third man who was present at the killing, but Caldwell did not rule out that possibility.
A grand jury already has indicted Houser, 24, on capital murder and robbery charges;and similar charges against Burton will be considered at the next grand jury session. Both men remained incarcerated after Thursday's hearing.
by CNB