THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Friday, January 12, 1996 TAG: 9601120498
SECTION: LOCAL PAGE: B1 EDITION: NORTH CAROLINA
SOURCE: BY PERRY PARKS, STAFF WRITER
DATELINE: ELIZABETH CITY LENGTH: Medium: 79 lines
Richard S. ``Ricky'' Hogarth, charged with shooting his girlfriend to death last year, may not be healthy enough for his murder trial, a doctor told court officials Thursday.
After Hogarth was examined by an emergency room doctor - the second such examination in three days - Senior Resident Superior Court Judge J. Richard Parker ordered that he be returned to Central Prison in Raleigh for a closer evaluation.
Parker declared a recess until Tuesday morning. He ordered that a medical report on Hogarth by an infectious diseases expert be faxed to the Pasquotank County clerk of court before the trial reconvenes.
Hogarth, 31, has been diagnosed with AIDS. A Charlottesville doctor's letter presented Wednesday predicted that Hogarth has less than a year to live.
He is charged with first-degree murder and with felonius assault in the March 8 death of 24-year-old Tracy Dawn Crafton and the wounding of her stepgrandfather, Ron Revering of Virginia Beach.
If convicted, Hogarth could face the death penalty, although his court-appointed lawyers said he probably would not live long enough to be executed.
Hogarth's attorneys said he admits to the shootings but denies planning them, which is why he is pleading not guilty to the first-degree murder charge.
Testimony in the case began Wednesday with Crafton's grandmother, Shirley Revering, who was in the van where her granddaughter and husband were shot in a convenience store parking lot on U.S. 17 North.
Prosecutors had been scheduled to present more evidence Thursday, until officials said Hogarth wanted medical attention.
``He was having trouble swallowing,'' Pasquotank County Sheriff Randy Cartwright told the judge, ``and requested to go back to the emergency room to be seen by a doctor.''
A doctor who saw Hogarth on Tuesday had said he was in good enough shape to be tried, but the physician examining Hogarth Thursday thought differently, Parker said.
Dr. David Davis of Albemarle Hospital's emergency room confirmed that he had examined Hogarth Thursday but did not discuss his condition. Hospital officials said they still had no record of Hogarth's visit Tuesday.
After Parker ordered Hogarth's return to Raleigh, defense attorney Samuel B. Dixon made a motion for a mistrial, saying the delay would disrupt the proceedings.
``We just need to start this thing over, if he gets well enough,'' Dixon said.
Assistant District Attorney Mike Johnson contested the motion, saying the judge should wait until Hogarth is more thoroughly examined.
``We have a jury, we have evidence that's been presented, and we need to move forward if we can,'' Johnson said.
Parker said he would rule on the mistrial motion after receiving a report on Hogarth's condition from Raleigh.
After the hearing, lawyers for both sides explained why they were still pursuing a capital trial even though some officials doubt Hogarth would live through his appeals.
Dixon and defense attorney Gary Underhill said Hogarth refuses to plead guilty to planning the murders, which is part of the first-degree charge.
``He admits everything else,'' Dixon said.
But Johnson and Assistant District Attorney Samantha Edwards said first-degree murder was the only appropriate charge.
``We don't think there's any evidence of second-degree murder. It's premeditated and deliberate,'' Johnson said. ``And we don't feel that his medical status is a legal defense.''
``We feel we have a duty to pursue the first-degree murder charge,'' he said. ``We don't know whether he's really sick or whether he's manipulating the court system.
``We're not doctors, we're prosecutors. We had no information that he was actually sick until this week.''
KEYWORDS: MURDER TRIAL SHOOTING by CNB