ROANOKE TIMES
Copyright (c) 1997, Roanoke Times
DATE: Wednesday, April 23, 1997 TAG: 9704230085
SECTION: VIRGINIA PAGE: C1 EDITION: METRO
SOURCE: TODD JACKSON THE ROANOKE TIMES
A judge refused to send the charge to a grand jury mainly because the key witness and victim in the case, Dee Stanley's son, Scott, did not implicate his father.
William Gray "Dee" Stanley has beaten his share of moonshining charges over the years, and now it appears he will escape a more serious charge - malicious wounding in the shooting of his son.
A judge refused to send the charge to a grand jury mainly because the key witness and victim in the case, Stanley's son, didn't implicate his father.
Scott Stanley, 26, was shot multiple times Feb. 16 at the home he and his father share on Scuffling Hill Road near Rocky Mount.
Dee Stanley was arrested a few hours later and charged with shooting his son.
Dee Stanley, 51, had called 911 to report the shooting and had told a county sheriff's deputy that he shot his son after they got into a fight, according to a search warrant affidavit.
Scott Stanley was near death for several days and remained on a respirator for weeks. Investigators visited his hospital room from time to time hoping he'd give them a statement.
He didn't.
On Tuesday, though, prosecutors called him to testify during his father's preliminary hearing, which was held in Franklin County Juvenile and Domestic Relations Court because the shooting involved a father and a son.
Scott Stanley, who is still recovering from his wounds but has moved back in with his father, said he doesn't remember who shot him.
He said he was drinking heavily and under the influence of drugs that night.
He said he fought with his father but didn't say why, even when pressed by Commonwealth's Attorney Cliff Hapgood.
So, substitute Judge Charles Dorsey decided there was not probable cause to certify the charge against Dee Stanley.
Hapgood could seek a direct indictment, but he said: "It's going to be real hard when the person who was shot says they don't remember anything. That certainly doesn't help my case."
Dee Stanley's legal troubles don't end with the malicious wounding charge.
He also faces a charge of owning a firearm after being convicted of a felony - a charge that arose when investigators found numerous rifles and pistols in his home the night his son was shot.
The Stanleys are best known, however, for the many times family members have been charged with making and hauling moonshine.
Dee Stanley is on probation for a felony moonshine conviction.
Scott Stanley and his brother, Jason, were both convicted of transporting moonshine last year after they were stopped in Northern Virginia.
Dee Stanley faces another charge for hauling moonshine in Charlottesville, where he was arrested after being stopped on U.S. 29 by state agents Feb.4.
Dee Stanley also has won his share of cases. In 1990, state liquor agents arrested Stanley after a search of a garage behind his Franklin County house turned up a small still capable of producing 200 gallons of illicit whiskey per week.
Stanley pleaded not guilty, arguing there was no evidence linking him to the still located about 50 yards behind his house. A Franklin County Circuit Court jury agreed.
Stanley was previously arrested in September 1988 behind the wheel of his truck loaded with 246 gallons of whiskey. He later was acquitted of felony liquor charges in U.S. District Court in Roanoke.
Stanley also was charged with hauling moonshine last year in Albemarle County, but he was acquitted.
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