ROANOKE TIMES
Copyright (c) 1997, Roanoke Times
DATE: Thursday, April 3, 1997 TAG: 9704030007
SECTION: CURRENT PAGE: NRV2 EDITION: NEW RIVER VALLEY
DATELINE: CHRISTIANSBURG
SOURCE: LISA K. GARCIA THE ROANOKE TIMES
Prosecutor says this has no effect on involuntary manslaughter case; defense lawyer disagrees.
Both victim and suspect in a fatal wreck in Montgomery County were legally drunk before the January collision, records show.
Timothy "Scotty" Chaffin, of Willis, is being held without bond after being arrested March 15 on a second drunken driving charge in Floyd County. This week Chaffin was convicted of drunken driving in the Jan. 23 crash. In addition, a charge of involuntary manslaughter in the death of Steven Burton was sent to the Montgomery County grand jury.
Chaffin's blood-alcohol content was 0.19 percent, more than twice Virginia's standard of intoxication when he collided with Burton's car on Peppers Ferry Road just outside Christiansburg. Burton, a high school custodian, died at the scene.
Burton's blood-alcohol level was 0.10 percent, according to the autopsy report.
Montgomery County Commonwealth's Attorney Phil Keith said the fact Burton was drinking before the accident, in his opinion, does not shift the blame because police evidence showed it was Chaffin who crossed the center line and was driving without his headlights on.
"The crash occurred in the lane of the victim; [Burton's blood-alcohol level] has no effect on the case," Keith said.
But Max Jenkins, Chaffin's attorney, said the victim's drinking and driving certainly is relevant.
"They were both over the legal limit," Jenkins said. "It doesn't make it any less tragic, but [Burton's blood alcohol content] has the same impact."
Teresa Burton, Steve Burton's wife, had no comment Wednesday.
Burton's sister, Lisa Hatcher, said her family was shocked to hear that her brother had been drinking. She said she and her five siblings had all quit drinking in recent years.
"That was real surprising, to say the least," Hatcher said.
Hatcher said she and her family do not wish for Chaffin to hurt or spend many years behind bars apart from his wife and two young children.
"This is in God's hands, the only thing we can do is turn it over to Him," Hatcher said. "Our family has been wrecked by all of this. We pray for [Scotty] Chaffin every day. He is another mother's son."
Chaffin's wife, Melissa, said she "hates what happened," but doesn't believe her husband should shoulder all the blame for Burton's death.
"If either one had not been drinking it wouldn't have happened," Melissa Chaffin said. "I hate what happened; both of them should have been home that night. I just feel that Scotty is taking all the blame."
Melissa Chaffin said she hopes the police will more fully investigate the accident and find the truth, which she believes has not come out.
Chaffin said the fatal accident changed her husband. An employee doing contract work at the Radford Army Ammunition Plant, Scotty Chaffin was always a good father, his wife said, but had a tendency to stay out until 8 or 9 p.m. before coming home from work.
The night of the accident, Melissa Chaffin said her husband and two co-workers stopped off at a Christiansburg bar. The accident occurred shortly before 11 p.m.
The accident did affect her husband, Chaffin said. He cut out drinking alcoholic drinks, despite the second drunken driving charge, which she explained came after her husband had been drinking nonalcoholic beer.
Chaffin was returning from taking a breath test at the Floyd Sheriff's Office (a condition of his being out on bond) and then stopped at a friend's house. He drank nonalcoholic beer with his friend and headed home, Melissa Chaffin said.
A deputy followed Scotty Chaffin for a while and pulled him over a mile from his house for crossing the white line, Melissa Chaffin said. She said the police say her husband failed a field sobriety test, but he told her he did pass the test.
Scotty Chaffin was also charged with refusing to take a breath test. His wife said her husband refused because although he had been drinking nonalcoholic beer, the beverage still contains alcohol and one condition of his release until his trial was that he not drink any alcohol at all.
"It would have shown a little alcohol, so he didn't take [the test]," she said.
LENGTH: Medium: 82 lines KEYWORDS: FATALITYby CNB