ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Thursday, July 11, 1996 TAG: 9607110071
SECTION: VIRGINIA PAGE: C-1 EDITION: NEW RIVER VALLEY
DATELINE: WYTHEVILLE
SOURCE: PAUL DELLINGER STAFF WRITER
MEMO: ***CORRECTION***
Published correction ran on July 12, 1996.
In a story Thursday about court proceedings in the case of
Christopher Shawn Wheeler, 16, of Wytheville, who is charged in the 1994
killing of Deputy Sheriff Cliff Decker, the last sentence was
incomplete. It should have read: "[Assistant Commonwealth's Attorney
Keith] Blankenship had argued that, once the case was transferred [from
juvenile court], he was free to seek a higher murder charge from a grand
jury, which he got."
NOTE: Shorter version ran in Metro edition.
Attorneys for a 16-year-old Wytheville boy accused of killing a deputy sheriff said their client will plead guilty to second-degree murder, after a judge ruled again Wednesday that no higher charge can be heard in the case.
Christopher Shawn Wheeler had faced a possible capital murder charge - and the chance of a death sentence - until Wednesday's ruling.
Prosecutors said they may seek either to start the case anew in Juvenile Court, or simply to tack on additional robbery and firearm indictments in an attempt to give Wheeler a life sentence.
The defense was willing to have Wheeler accept charges of second-degree murder and use of a firearm in the commission of a felony immediately after Circuit Judge Colin Campbell's ruling, which was the judge's second ruling on the capital-murder issue in two months.
But the prosecution asked to wait for the scheduled Aug. 6 trial, and Campbell agreed.
Assistant Commonwealth's Attorney Keith Blankenship wanted to try Wheeler for capital murder in the Dec. 6, 1994, shooting of Deputy Cliff Dicker. Campbell denied the motion after hearing new arguments Wednesday.
Second-degree murder carries a sentence ranging from five to 40 years. It would be up to the judge to decide the length.
Defense attorneys Jonathon Venzie and Fred Werth said Wheeler actually would enter a plea that does not admit guilt, but agrees that there is enough evidence to sustain the charge.
"The commonwealth is considering its options in the case," Blankenship said afterward. One option would be to not prosecute current charges against Wheeler, and start the case all over again in Juvenile and Domestic Relations Court.
"We're not sure we want to do that," Blankenship said. "At this point we're considering it. ... But we're not prepared to make that decision today."
He said Campbell has indicated he is not willing to impose the death penalty in the case. Therefore, the arguments could be over a difference of just a few years in Wheeler's sentence, assuming he got the maximum penalty for second-degree murder.
Dicker, 58, was serving detention papers on the boy at his home when he was wounded by a shot from the boy's .22-caliber hunting rifle, and then killed by a bullet to the head from his own 9mm pistol.
Juvenile and Domestic Relations Judge William Thomas ruled earlier that Wheeler, who was 15 years old at the time of the shooting, should be tried as an adult. But he refused to admit the boy's statement to authorities about what happened, because no guardian had given permission for Wheeler to be questioned.
The prosecution apparently had counted on that statement to get a capital murder charge sent up from Juvenile Court. Without it, both sides agreed that the evidence was sufficient to show second-degree murder, and that was the charge Thomas sent to Circuit Court.
Blankenship had argued that, once the case was transferred, he was free to seek a higher murder charge from a grand jury, which he got. He also got indictments on two new charges: robbery, stemming from the taking of the deputy's pistol, and use of a firearm in commission of a felony, from use of the pistol to kill Dicker.
The defense responded that the commonwealth could only prosecute those charges sent up from Juvenile Court, limiting the main charge to second-degree murder and eliminating the new indictments.
Campbell agreed with the defense at a hearing in April, but held a second hearing on the matter Wednesday for new arguments based on recent decisions of the Virginia Court of Appeals.
After hearing those arguments, Campbell still ruled that the only charges before him were those sent up from Juvenile Court. "I don't see any other interpretation," he said.
Once Wheeler is found guilty of second-degree murder, the Juvenile Court loses all jurisdiction over him. At that point, the prosecution again could seek direct indictments on the robbery and use of a firearm in the commission of a robbery. The latter charge carries the possibility of life imprisonment, and Blankenship said that is a consideration in deciding what the commonwealth will do next.
A new state law allowing direct indictments against juveniles became effective this month, but does not apply to the Wheeler case.
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