THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Friday, May 24, 1996 TAG: 9605240504
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY ANGELITA PLEMMER, STAFF WRITER
DATELINE: PORTSMOUTH LENGTH: 72 lines
Officials are investigating allegations of witness intimidation in the case of a man accused of murdering a baseball fan walking home from a Norfolk Tides game in April.
At a hearing Thursday, a General District Court judge certified charges of capital murder, robbery and firearms use against Daerrico A. Austin, 21.
But after Judge William H. Oast sent the charges to the grand jury, allegations surfaced of witness intimidation.
A 17-year-old girl who testified that Austin confessed to the killing may have been threatened by a female friend of Austin's as she was leaving the courtroom.
``We're certainly investigating it,'' said Deputy Commonwealth's Attorney Will H. Jamerson, who is prosecuting the case.
Witness intimidation has been a constant thorn in the side of prosecutors, who complain of too few resources to protect or help witnesses. A joint task force of Portsmouth police and the Federal Bureau of Investigation is moving to get Portsmouth violent crime cases into federal courts, where there is a witness protection program.
In March, the joint task force netted five members of a Portsmouth drug gang that had been terrorizing residents of the River Edge community. Problems of witness intimidation plagued the trial in Norfolk's federal court. At least four witnesses told the judge they were afraid to testify. One man was convicted of harassing a witness and was sentenced to nine months in prison.
In the case heard Thursday, Austin is charged with robbing and shooting 43-year-old Frank Gibson Jr. in the parking lot of the Twin B auto parts store in the 4100 block of George Washington Highway.
Police say Gibson, a shipyard worker, was walking home from the Tides game after he became separated from a friend who gave him a ride to Harbor Park in Norfolk. He was about a half-mile from his home in the Cradock section when he was killed.
After the hearing Thursday, the victim's widow, Teresa Gibson, complained to a reporter outside the courthouse that ``witnesses have been intimidated.''
The woman who allegedly made the threat was detained by a police officer in the courthouse hallway, then followed outside by the officer and detained again until the victim's family and prosecution witnesses dispersed.
Earlier, the teenager who testified was quickly surrounded by Gibson's widow and several other relatives and friends outside the courtroom. Teresa Gibson hugged the teenager, who was carrying a baby in her arms, and said, ``What you did was very brave.''
Courtroom deputies quickly escorted the teenager to her car.
In tearful testimony, the teenager, who said she was Austin's former girlfriend, told the judge that Austin confessed that he was trying to rob Gibson and shot him in the auto parts store parking lot. She said that Austin, who stayed at her home that night, hid a rifle under her bed for about a week.
After the hearing, Teresa Gibson said the ordeal has been difficult for her family.
``My children have no father,'' she said. `` . . There's nothing they can do to (Austin) that's going to make me feel better.'' The couple has three children, ages 2 1/2, 5 and 9.
``Seeing pictures of my husband, laying there, just kind of made it sink in,'' Gibson said, wearing a button with a picture of her smiling husband.
Austin's record, starting in 1994, includes convictions for obstructing justice and shoplifting. He also was charged with, but not convicted of, malicious wounding, grand larceny and statutory burglary. Some charges were lodged in Virginia Beach, others in Portsmouth.
Police said they received a tip that the alleged murder weapon, described by police as an assault rifle, was under a house not far from where Gibson's body was found. When they recovered the weapon, another tip led them to Austin at his home. ILLUSTRATION: Color photo
Frank Gibson was killed on his way home after a game.
KEYWORDS: MURDER SHOOTING ROBBERY
TRIAL ARREST WITNESS INTIMIDATION by CNB