ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Sunday, February 18, 1996 TAG: 9602190010
SECTION: VIRGINIA PAGE: A-6 EDITION: METRO
PREVIOUS FELONY CONVICTION
Montgomery County: Ben Lilly was paroled last July after serving most of a five-year prison sentence for malicious wounding, breaking and entering, and grand larceny. He is on five years' probation, part of the sentence he received in 1992.
Lilly went to prison after being convicted of the malicious wounding of a girlfriend who complained that Lilly hit her in the face with a wine bottle, then damaged her car and poured gasoline inside it in October 1990.
Lilly pleaded guilty to the charge, and to breaking into a Christiansburg service station in August 1991 and stealing four cases of beer, 40 cartons of cigarettes, sausage, bacon and cheese.
As part of a plea agreement, Lilly received five years in prison on each of the three charges, with 10 years suspended. After his release, he was to be placed on probation for five years.
Lilly was allowed work release while beginning to serve his sentence in the Montgomery County Jail. But in November 1992, he was charged with escape after he failed to return to the jail. In January 1993, he was given an additional six months in jail for the escape.
Lilly served his prison time at Powhatan Correctional Center.
Pulaski County: Lilly was convicted in May 1992 of three counts of forging and uttering checks. He was given a six-year prison sentence; all but six months of the time was suspended. He was given three years' probation in Pulaski County.
Radford: Lilly pleaded guilty in April 1992 to grand larceny. He was accused of stealing two spools of black rubber-coated insulated communications wire from Norfolk Southern in July 1991.
A plea agreement gave Lilly an eight-year suspended prison sentence and he was placed on probation for eight years.
PENDING FELONY CHARGES
BEFORE DEFILIPPIS' SLAYING
Montgomery County: Lilly was charged in October 1995 with possessing a firearm after being convicted of a felony and attempted breaking and entering. A court date of Jan. 9 was continued after the DeFilippis slaying. It's now set for March 12.
MISDEMEANOR CHARGES PENDING
AT TIME OF DEFILIPPIS' SLAYING
Montgomery County: On Nov. 18, Lilly was charged with reckless driving, failing to stop for police, operating a vehicle without a license and operating a vehicle with defective equipment. He was driving a vehicle with farm use tags. In January, the defective equipment charge was dismissed. He received $150 in fines and 60 days in jail, plus court costs.
Radford: Lilly was charged in August 1995 with stealing license plates, a misdemeanor. An original court date of Oct. 23 was continued until Jan. 22. The charge was dropped at the request of the commonwealth's attorney, given the more serious offense Lilly faces in Montgomery County.
CHARGES TO BE HEARD
AT MONDAY'S PRELIMINARY HEARING
Capital murder, carjacking, robbery, abduction and four counts of using a firearm to commit the crimes. He is also charged with possessing a firearm after being convicted of a felony.
LENGTH: Medium: 68 linesby CNB