THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Thursday, August 25, 1994 TAG: 9408250599
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: ASSOCIATED PRESS
DATELINE: NEWPORT NEWS LENGTH: Medium: 54 lines
The capital murder trial of a teenager charged with killing an undercover police officer ended in a plea agreement Wednesday that allowed the defendant to avoid a possible death sentence.
The unusual agreement was reached while a jury brought in from Charlottesville to hear the case of Nephus Shann Stanley was still deliberating.
Commonwealth's Attorney Howard Gwynn said he went along with the deal after consulting with the family of officer Steven R. Rutherford, who was killed Jan. 11 while working a sting operation as a pizza delivery driver.
Under the arrangement, Stanley, 18, agreed to plead guilty to the capital murder and robbery of Rutherford and to two firearms charges. The deal calls for life sentences on the murder and robbery charges and eight years on the firearms charges.
The jury, which began hearing testimony Aug. 16, had deliberated almost six hours starting Tuesday afternoon when the plea agreement was reached.
In one question sent by the panel to Circuit Judge J. Warren Stephens, jurors asked whether Stanley could be convicted of robbery if Rutherford's purpose in the sting was to get robbed.
Gwynn said it appeared the jury was unlikely to impose a death sentence, the maximum punishment for capital murder.
B. Thomas Reed, an attorney for Stanley, had argued for a first-degree murder conviction. In closing arguments, Reed said his client was ``acting instinctively and out of fear'' when he shot Rutherford because the officer drew his gun.
Rutherford's partner, officer Todd Cioffi, testified that Rutherford did not draw his gun but was shot while spread-eagle on the ground.
Three other teenagers already have been convicted for roles in either the murder or robbery of Rutherford. But as the accused gunman, Stanley was the only defendant to face a possible death sentence.
The fatal sting operation led to several investigations of police procedures and a shakeup of the Police Department that included the resignation of Chief Jay A. Carey Jr.
Cioffi said he and Rutherford received little preparation for the sting, and an independent investigation concluded that the operation was poorly planned and never should have been conducted.
KEYWORDS: MURDER TRIAL NEWPORT NEWS POLICE DEPARTMENT
by CNB