THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Wednesday, August 30, 1995 TAG: 9508300513
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY JOE JACKSON, STAFF WRITER
DATELINE: NORFOLK LENGTH: Medium: 63 lines
A judge on Tuesday reduced the five felony charges against a man charged in the March 1994 slaying of Norview High School student Brian C. Garland to two misdemeanors.
But Clusbie Eaddy, the defendant described in testimony as ``borderline retarded,'' didn't hear. Moments before Judge Alfred W. Whitehurst could tell Eaddy that he found him guilty of two counts of accessory after the fact, Eaddy fainted and hit the floor.
The court was thrown into a brief panic. Paramedics were called. Eaddy's family started to cry. Court officials were unsure about Whitehurst's verdict. Whitehurst asked, ``Well, what do we do now about the sentencing?''
Eaddy - who had faced up to two life terms for Garland's killing - lay on the floor and moaned.
``He had a fortunate disposition (verdict),'' Whitehurst said, slightly flustered.
``He did, I know that, your honor,'' replied Eaddy's lawyer, Franklin Swartz. ``I'm just not sure he understands that right now.''
When Eaddy finally came to, Swartz told him the news: that instead of facing life in prison, he now faces a maximum of two years in jail when he is sentenced Oct. 17.
Eaddy and his codefendant, Toronto McCall, were arrested a few days after Garland's murder in the 1300 block of West Tanners Creek Road on March 22, 1994. Eaddy was 18 when the murder occurred; McCall, the trigger man, was 15. Eaddy was charged with first-degree murder, robbery, conspiracy and two firearms charges. McCall was charged with capital murder and prosecutors sought the death penalty until a judge ruled that the boy was too young.
Then, in January, McCall pleaded guilty to first-degree murder, robbery, conspiracy and the firearms counts. Part of the deal was that he would testify against Eaddy. McCall faces a maximum of two life terms and 13 years.
Yet Whitehurst said he found McCall's testimony during the two-day trial unbelievable.
According to testimony, Eaddy and Garland were best friends. A classmate called Eaddy ``a teddy bear;'' a psychiatrist called him non-violent, yet easily led.
On the night of the murder, McCall told Eaddy that he planned to rob Garland, but Eaddy didn't believe him. They drove out to meet Garland and smoked some marijuana. When Eaddy returned to his car to get some cigarettes, McCall shot Garland and robbed him, police said.
Police first interrogated Eaddy, who led them on a wild-goose chase. But when a detective said that the killer wouldn't harm him, Eaddy led detectives to McCall.
When McCall learned that Eaddy had turned him in, he told police that Eaddy was an active part of the robbery scheme. Police then charged Eaddy with the five felonies.
Whitehurst explained his reasoning before actually pronouncing his verdict, but Eaddy apparently misunderstood. As Eaddy came out of his faint, he looked up at his attorney. His first words were, ``Am I going to jail?''
``No,'' Swartz answered. ``You're doing fine.''
KEYWORDS: MURDER TRIAL VERDICT
SENTENCING by CNB