ROANOKE TIMES
Copyright (c) 1997, Roanoke Times
DATE: Tuesday, January 7, 1997 TAG: 9701070083
SECTION: VIRGINIA PAGE: C-3 EDITION: METRO
SOURCE: JAN VERTEFEUILLE STAFF WRITER
Since 1980, police had been called to Edwin Plunkett's house 40 times on complaints of domestic abuse and drunken behavior. But last May was different - Plunkett picked up a rifle when police tried to arrest him.
Two Roanoke police officers shot Plunkett seven times, killing him.
Now, Plunkett's estate is suing the city of Roanoke and the two officers for $1.5 million, alleging that they used excessive force and that the shooting was part of a "pattern of violent misconduct" by the police department. In order to sue a municipality, a pattern or policy of similar actions by the city and its officers must be alleged.
Officers G.F. Bingeman and T.D. Kanode were responding to a call March 24 from Plunkett's girlfriend that he had beaten her. Plunkett, who was drunk, picked up a high-powered hunting rifle when police tried to arrest him. Both officers fired, a total of 12 times, killing him.
The lawsuit was filed in federal court in Roanoke Monday by his estate's executor Jean Stout, whose relationship to Plunkett is unknown. It does not mention that he was armed, only that he asked police to leave and that they sprayed him with pepper spray. Plunkett's girlfriend, Billie Patton, also has contended that they sprayed him with the chemical, which police deny.
The suit alleges that police illegally used deadly force to effect an illegal entry into Plunkett's house and an illegal arrest after he asked them to leave. But police said injuries to Patton were visible when Kanode and Bingeman arrived. State law allows officers to make an arrest in a domestic dispute when they have "reasonable grounds" to think an assault has occurred, even if they didn't witness it.
The suit also alleges that the police fired three shots through Plunkett's screen door, then opened the door and continued firing. Plunkett, 35, did not return fire.
Commonwealth's Attorney Don Caldwell decided last April that the shooting was justified and said it happened so fast that Plunkett likely was still standing and armed when police opened the door to continue shooting.
Caldwell found that the officers "acted under a reasonable belief that they were in immediate danger of death or serious bodily injury."
An autopsy showed that of Plunkett's seven gunshot wounds, all but two were to the back of his body. Four of the wounds were to the back of his legs, two were to his hands, and the only lethal shot struck Plunkett in the back of his head.
The Roanoke city attorney and Stout's attorney could not be reached for comment Monday afternoon.
LENGTH: Medium: 51 linesby CNB