ROANOKE TIMES 
                      Copyright (c) 1996, Roanoke Times

DATE: Wednesday, October 30, 1996            TAG: 9610300039
SECTION: VIRGINIA                 PAGE: C-1  EDITION: METRO 
DATELINE: BLACKSBURG


GRAND JURY TO HEAR ABOUT BRAWL 9 WEEKS AFTER VA. TECH INCIDENT PROSECUTOR CITES LILLY CASE FOR DELAY LISA GARCIA STAFF WRITER

A doctor told a Virginia Tech track star it would take six weeks for his broken collarbone to heal after a late August brawl. But it will have been nine weeks before police and prosecutors even seek indictments against the suspects in the athlete's beating.

Hilliard Sumner III of Bronx, N.Y., said he was kicked, hit and beaten with a cane by a group of Virginia Tech football players during the early morning hours of Aug.31.

Montgomery County Commonwealth's Attorney Phil Keith said Tuesday that a grand jury would hear evidence in the case one week from today.

Authorities expect indictments will result from the evidence, but they refuse to name suspects or possible charges.

In a September interview, Sumner said he had just left a student event at Virginia Tech's Squires Student Center when a group of Tech football players attacked Jonathan Nelson, a friend of his and former teammate on the Tech track team.

Sumner said he tried to break up the fight and the football players turned on him. Nelson was bruised during the fight, but Sumner took the brunt of the beating.

In the end, Sumner said the men broke his collarbone and covered the right side of his body with bruises. In addition, he could not put weight on one leg for several days and his jaw swelled so much he could not bite on his back teeth for three days, he said.

On Tuesday, the Blacksburg Police Department, in conjunction with the commonwealth's attorney, issued a news release about why it has taken so long to charge anyone in connection with Sumner's injuries.

In September, police estimated that 200 people witnessed the fight and said the number of potential witnesses slowed the investigation. Police say their investigation is nearly complete.

"Police have interviewed 75 to 100 witnesses in addition to victims and suspects, and the investigative process has continued, without delay, since the report was initially taken," the release stated.

Keith's office has been equally busy. Keith said the capital murder trial of Benjamin Lee Lilly has kept the office of three attorneys and two support staff extremely busy.

Originally, Lilly's trial was scheduled for five days, but it took twice that long. A jury chose the death penalty Monday for Lilly's murder of a Tech student in December.

Now that the Lilly trial is complete, the release stated, Keith said his office is "prepared to bring some closure to this investigation."

Sumner could not be reached for comment Tuesday.

In a September news release, Blacksburg police called the fight a "malicious wounding and assault."

Malicious wounding is a felony that carries a sentence of 20 years to life in prison. Assault and battery is a misdemeanor that carries a sentence of up to 12 months in jail and up to a $2,500 fine.


LENGTH: Medium:   60 lines




by CNB