ROANOKE TIMES
Copyright (c) 1997, Roanoke Times
DATE: Saturday, April 12, 1997 TAG: 9704140054
SECTION: VIRGINIA PAGE: C-4 EDITION: METRO
SOURCE: DIANE STRUZZI THE ROANOKE TIMES
Frank Helvestine can't be charged with first-degree murder in the death of a toddler because of the way the law defined arson in 1975.
A Roanoke County Circuit Court judge reduced a first-degree murder charge Friday against a 76-year-old man accused in a racially motivated pipe-bomb attack that unintentionally killed a toddler almost 22 years ago.
Judge Diane Strickland upheld a request by the prosecution to amend the charge against Frank Helvestine III to second-degree murder. The ailing North Roanoke County grandfather also faces two counts of malicious wounding in the 1975 bombing of a car in a Northwest Roanoke apartment complex.
Last year, after his arrest, Helvestine admitted to police that he was involved in the bombing. He told detectives the purpose was to send a message to the car's owner, a white woman dating a black man, according to a court affidavit filed by his lawyer, Tom Blaylock.
In October, a grand jury charged Helvestine with first-degree murder, arson and two counts of malicious wounding. First-degree murder carries a maximum life sentence. But Friday's ruling reduced the maximum punishment Helvestine faces if he is convicted - up to 60 years for murder and malicious wounding.
Friday's hearing focused on the laws in place at the time the crime occurred.
Blaylock contended that the state law 22 years ago narrowly defined arson as the burning of a house at night. The arson charge against Helvestine could not be supported, Blaylock said, since it involved a car - 1974 Chevrolet Monte Carlo.
Blaylock won on that point.
But he was unsuccessful in convincing Strickland that his client did not intend to harm anyone and therefore could not be charged with second-degree murder. To prove second-degree murder, prosecutors must show the act was done with malice and intent.
Blaylock also said the second-degree murder statute could not apply to his client because the General Assembly enacted it six months after the May 10, 1975, car bombing.
But Roanoke County Commonwealth's Attorney Skip Burkart argued that the second-degree murder charge was included under common law at that time. Those laws are defined by a set of rules that traditionally have been followed since Virginia was a British colony, but not necessarily included in the state code.
Despite the disagreement over what charges are applicable in this case, Blaylock and Burkart agree on the fundamental facts: Helvestine provided a friend, Russ White, with material to make a pipe bomb, suggested that White use a five-minute fuse and then scouted out the car with White, who is deceased.
Helvestine, White and Pearman worked for the Norfolk and Western Railway.
At the time of the bombing, Helvestine was at home across town, according to court records. His intention was "to trash a car," not to injure anyone, Blaylock said.
Burkart agreed, but said that a person cannot expect to plot a pipe-bomb attack without risking injury to others.
"We're not saying that he selected that victim, or anyone else, to kill them," Burkart said in an interview outside the courtroom. "However, if you're going to engage in conduct that is so inherently dangerous and a death results afterwards, you have to be held responsible for that."
Ruth Pearman, the car's owner, was the target of the blast. The bomb exploded as the Mask family unexpectedly walked by Pearman's car, which was parked at the Kings Arms Apartment Complex, according to court records.
Shrapnel from the blast killed 23-month-old Carrie Ann Mask and injured her father, Barry Mask, and 14-year-old Henry Newman.
Investigators did not solve the crime until last year, when Helvestine's son-in-law, David Runion, went to police with information about the crime. Runion had secretly recorded a conversation in which Helvestine admitted his involvement in the bombing.
Prosecutors have said Runion's conscience prompted him to come forward. But at the time of Helvestine's arrest, his son said the case began over a land dispute. David and Dorothy Runion are contesting Frank Helvestine's sale of land in North Roanoke County.
Frank Helvestine remains free on bond. His trial is scheduled for July 29.
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