Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, September 13, 1995 TAG: 9509130055
SECTION: VIRGINIA PAGE: C-1 EDITION: NEW RIVER VALLEY
SOURCE: KATHY LOAN STAFF WRITER
DATELINE: PULASKI LENGTH: Medium
He was resolute in identifying one of two men who attacked him at his Hazel Hollow Road home in November 1993, even if his words came slowly or not at all.
McDaniel pointed to Billy Joe Hampton even before Common- wealth's Attorney Everett Shockley finished asking him if he recognized the man at the defense table as being one of the people who beat him.
Hampton, 36, pleaded no contest in April to his part in the beating - an incident that set off a two-week search for Hampton during which the paroled murderer racked up felony charges in three states.
Gary Shanks, another paroled murderer, confessed to being the one who actually beat and robbed McDaniel.
McDaniel answered Shockley's questions softly, following his lead, to show Circuit Judge Colin Gibb how the attack with a hammer has affected his life.
After listening to McDaniel and hearing Shockley's plea to impose the maximum sentence, Gibb sentenced Hampton to three life terms for aggravated malicious wounding, robbery, and breaking and entering while armed with intent to rob.
McDaniel was 43 when he was attacked. He was an active person, who enjoyed boating and hunting and other outdoor activities. Now he depends a lot on his family for help with routine activities. While he comprehends what others are asking of him, his response is limited, also a result of the beating.
His mother found him lying in a pool of blood Nov. 9, 1993, the morning after the attack. Hampton and Shanks had told McDaniel they were there to borrow something. Instead, authorities said, Shanks beat McDaniel with a large hammer and took money from McDaniel's pocket.
McDaniel's recuperation has taken a long time. Parts of his brain had to be carved away, his skull was reconstructed and he was comatose for some time. He raised his left arm when taking an oath in court Tuesday because he has lost the use of his right arm.
Even though Shanks committed the beating, Shockley told Gibb, Hampton participated in planning the attack and under the law is just as blameworthy as Shanks.
Paroled after serving part of a 30-year sentence for killing a 95-year-old Montgomery County woman in 1975, Hampton went back to prison after being convicted of forgery and uttering, but he was paroled in 1992.
"The Parole Board let him go," Shockley said," and because they did, Bobby McDaniel sits here today in the condition that he is in ... They meant to snuff out his life."
Authorities believe the robbery was planned so Shanks would have money to pay his parole supervision fees.
Hampton's attorneys, Mike Fleenor and David Skewes, asked the judge to set aside emotional appeals and consider a sentence more in line with sentencing guidelines, which give a range from 31 to 82 years in prison.
But Gibb, citing the nature of the crime, Hampton's criminal history and the likelihood that he would be involved in crime again given the opportunity, ordered the three life sentences be served consecutively. to each other and to sentences entered in North Carolina and any time he receives on other charges.
Besides the charges involving McDaniel's beating, Hampton was charged in West Virginia with raping a woman and stealing her car, with beating and robbing an elderly garage owner in Montgomery County, forcing two Maryland women to give up their car at an Ironto rest area, and abducting a North Carolina woman from her car at a Greensboro shopping center.
Hampton received a 30-year sentence in North Carolina. The West Virginia and Montgomery County charges are pending.
After Tuesday's hearing, Hampton - who limps because of a childhood bout with polio - was led away in chains.
McDaniel, who limps because of the attack and used an elevator to get to the courtroom, insisted on taking the stairs.
Memo: Shorter version ran in Metro edition.