ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Thursday, February 8, 1996 TAG: 9602080046
SECTION: VIRGINIA PAGE: B-4 EDITION: METRO
DATELINE: WYTHEVILLE
SOURCE: PAUL DELLINGER STAFF WRITER
A grand jury has indicted a 16-year-old Wytheville boy on a charge of murdering a deputy sheriff, without specifying the degree.
But prosecutors say they will ask a jury to convict Christopher Shawn Wheeler of capital murder when he goes to trial, possibly as early as next month.
Juvenile and Domestic Relations Judge William Thomas ruled last October that Wheeler should be tried as an adult for the murder of Wythe County Deputy Cliff Dicker.
The deputy was shot to death Dec. 6, 1994, at Wheeler's home, where Dicker had gone to serve petitions on the boy for car theft and petty larceny.
Circuit Judge Colin Campbell upheld Thomas' ruling this week, citing the seriousness of the offense and the fact that the juvenile justice system would have to release Wheeler when he turned 21.
Wheeler, 16 now, was 15 at the time of the shooting. Authorities say the boy wounded Dicker with a .22-caliber hunting rifle and fired the fatal shot with Dicker's own 9-mm pistol.
In earlier proceedings, Thomas had ruled that a statement Wheeler made about the shooting was not admissible in court because the boy's guardian, his grandmother, was not present when it was given. Both sides subsequently agreed to a charge of second-degree murder against Wheeler until it could be determined whether he would be tried as a juvenile or an adult.
Defense attorney Jonathan Venzie maintains that the prosecution is bound by that agreement, even though the case is now in a different court. Campbell declined to rule on the argument because, he said, the matter was not yet before him.
Assistant Commonwealth's Attorney Keith Blankenship has said he will seek a jury verdict of capital murder against Wheeler. In Virginia, he said, all murders are presumed to be second-degree, but evidence can raise a jury's verdict to first-degree or capital murder.
The prosecution has not ruled out seeking the death penalty if it secures a capital murder conviction.
The question of elevating a charge when a case is moved from juvenile court to Circuit Court apparently has not arisen before, so the outcome of this case could set a legal precedent.
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