ROANOKE TIMES 
                      Copyright (c) 1996, Roanoke Times

DATE: Tuesday, July 23, 1996                 TAG: 9607230069
SECTION: VIRGINIA                 PAGE: C-4  EDITION: METRO 
SOURCE: LAURENCE HAMMACK STAFF WRITER 

JUDGE WON'T CONVICT BONDSMAN OFFICIAL FIRED GUN IN CITY TO STOP FELON; CHARGE MAY BE DISMISSED IN A YEAR

A bail bondsman "did not use the best of judgment" when he shot the tires out of a car that was being driven by a fleeing felon, a Roanoke judge said Monday.

But Circuit Judge Richard Pattisall decided not to convict Randall Wayne Brown of shooting a gun in the city - taking the charge under advisement instead. That means the misdemeanor charge will be dismissed in 12 months if Brown stays out of trouble.

Brown, of Payless Bail Bonds of Roanoke, testified that he was only trying to stop a convicted felon who had failed to appear in court while free on a bond issued by his company. After spotting the bond-jumper near Campbell Avenue and Fourth Street Southwest the night of Jan.11, Brown approached the man's car and told him to get out.

When the car's tires began to spin in the heavy snow that covered the street, Brown said, he became concerned that he might get hit by the car. At that point, he drew his gun and fired two shots "point blank" to the car's front and back tires. The suspect then got out of the car and surrendered.

While Brown's actions met the strict definition of shooting a gun in the city, defense attorney Jeff Rudd argued that the circumstances he faced were enough to allow him "to deviate from the written letter of the law."

Rudd also argued that a misdemeanor conviction would put Brown's job in jeopardy. In order to obtain a license, bail bondsmen must show they are of "good moral character."

Under a plea agreement, Brown, 40, pleaded no contest to the charge with the understanding that prosecutors could ask for a conviction and suspended jail sentence.

Chief Assistant Commonwealth's Attorney Betty Jo Anthony argued that Brown, a former Roanoke police officer of 16 years, should have known better.

"He arrested people for doing the very same thing," Anthony said. "If we can't expect a bondsman with 16 years of experience as a police officer to know the law, then who can we expect to know the law?''

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