ROANOKE TIMES
Copyright (c) 1997, Roanoke Times
DATE: Friday, March 28, 1997 TAG: 9703280051
SECTION: CURRENT PAGE: NRV-1 EDITION: NEW RIVER VALLEY
DATELINE: RADFORD
SOURCE: LISA K. GARCIA THE ROANOKE TIMES
Attorney says his client "has not been treated properly in this situation."
A special prosecutor did not pursue a driving under the influence of drugs charge Thursday against a former city firefighter who was charged after he hit a parked police car with a pumper truck.
William E. "Tommy" Long, 46, was fired after the Nov. 21 accident. He had been a member of the Radford Fire Department for 26 years.
Gino Williams, the special prosecutor, said he nol-prossed - or did not prosecute - the charge at this time because test results on Long's blood had not been received from an independent lab in Richmond. Results from the state forensics lab have been received, he said, but because Long asked for a test by an independent lab, the state must have both sets of results before going ahead with the case.
Williams said the case had been continued once and he did not believe the judge would grant another continuance. By nol-prossing the charge, Williams said, he can refile it against Long once the lab results arrive.
The state lab results, filed in Radford General District Court, showed codeine and a barbiturate called butalbital present in Long's system at the time of the accident. Long told police he had taken a prescription pain medication called Fiorinal III earlier in the day for a migraine. The drugs found in Long's system are the same ones found in the prescription drug, according to his attorney.
The state lab also tested for illegal drugs and alcohol and found none.
Long's attorney, Dick Davis, said his client "has not been treated properly in this situation."
"I think Mr. Long's rights are being violated because this has been hanging over his head for nearly four months," he said.
The only reason Long was driving the pumper truck that day, Davis said, was because he agreed to come in on his day off to cover for a sick firefighter. He said Long was salaried and got no added benefit for coming in to work.
"He did it out of the goodness of his heart," Davis said.
In reference to the medication found in his client's system, Davis said city officials knew Long took prescription drugs for migraines. Davis said Long's doctor had examined Long several times and told the city Long was able to continue working.
The accident, characterized as "minor" by the investigating officer, amounted to Long driving the pumper truck around a corner and hitting the bumper of a police car parked at an accident scene. The collision left a dent in the police car's bumper that police estimated would cost about $200 to repair. Damage to the fire truck was estimated at $1,000, according to the fire chief.
LENGTH: Medium: 56 linesby CNB