ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Tuesday, March 19, 1996 TAG: 9603190096
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
SOURCE: LAURENCE HAMMACK STAFF WRITER
Thomas A. Burton was sentenced to life plus 20 years in prison Monday for what a Roanoke prosecutor called ``the worst kind of crime that one can imagine'' - robbing and killing someone in the victim's own home.
Burton was sent to jail insisting that he had nothing to do with the death of Randall E. Carter, who was shot in his Memorial Avenue Southwest home last June in what witnesses described as a botched robbery.
``I know I'm no angel, sir,'' Burton told Roanoke Circuit Judge Clifford Weckstein. ``But I'm no murderer.''
Under tough sentencing laws that took effect last year, Burton, 29, will not be eligible for parole. But under the geriatric clause of the no-parole law, he could be considered for release when he turns 60.
The geriatric clause allows someone who has reached the age of 65 and served at least five years, or the age of 60 and served at least 10 years, to petition the Parole Board for a conditional release.
Commonwealth's Attorney Donald Caldwell had asked Weckstein to impose a maximum sentence of two life terms, arguing that Carter was shot down in his home by strangers who showed up in the middle of the night.
At a trial in January, two men testified that Burton agreed to accompany them to Carter's home. They planned to rob Carter after hearing that the 48-year-old might have drugs or money for the taking.
Michael Houser, who also has been convicted in the killing and is awaiting sentencing, testified that they drove to Carter's home about 2 a.m. June 30 and asked to use the telephone.
After Carter let them in,. Burton pulled a gun and demanded money or drugs, Houser said. When the robbery yielded just a small amount of marijuana and cash, Burton became more angry and threatening.
As Carter tried to flee, Houser testified, Burton fired three shots at close range - striking Carter in the wrist, abdomen and forehead. Houser, who was holding Carter at the time, was struck in the stomach.
Defense attorney John McGarvey had argued that Burton was unjustly implicated by Houser and a second man who was granted immunity for his testimony. Burton said he had been drinking with the men earlier that night, but was home asleep at the time of the killing.
McGarvey also asked Weckstein to consider his client's problems with substance abuse and a difficult life that included being shot at the age of 9 and stabbed when he was 14. Burton, who also has been convicted of robbery and drug charges, told the judge that he had been convicted of a crime he did not do.
``I just don't understand how this could happen to me,'' he said.
LENGTH: Medium: 54 lines KEYWORDS: ROMURby CNB