ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: WEDNESDAY, February 5, 1992                   TAG: 9202050379
SECTION: VIRGINIA                    PAGE: B-4   EDITION: METRO 
SOURCE: RON BROWN STAFF WRITER
DATELINE:                                 LENGTH: Medium


MAN SHOT IN SCUFFLE WITH OFFICER

When Carl Edward Simmons walks out of Roanoke Memorial Hospital, he likely won't be a free man.

Roanoke police say Simmons, 40, of Hampton faces charges of cocaine possession, impeding a police officer and failure to stop for police.

Simmons, 40, was shot in the face during a scuffle with a Roanoke patrolman Monday night.

"There is no indication of impropriety on the part of the officer," said Police Chief M. David Hooper.

Still, Roanoke detectives are taking a look at the case and expect to turn their report over to Commonwealth's Attorney Donald Caldwell in several days. Caldwell will determine whether the shooting was justified.

According to police, Simmons was shot after he grabbed the service revolver of Officer R.J. Scott shortly before 9:45 p.m.

Simmons was taken to Roanoke Memorial Hospital, where he underwent surgery. The bullet entered Simmons' left jaw and exited the right side of his face just underneath his eye, police said.

A spokeswoman for Roanoke Memorial would not confirm that Simmons was a patient.

Police said his wounds did not appear to be life-threatening.

They had not interviewed Simmons by Tuesday afternoon.

Scott suffered an injury to his right index finger during the altercation. The Police Department would not allow Scott to be interviewed because of concerns that litigation is always a possibility in cases where a police officer injures a citizen.

Less than a month ago, Scott was involved in another publicized incident in which a 12-year-old boy turned on him with a toy pistol. Scott pulled his gun but did not fire, and the boy dropped the toy.

Police gave the following account of Monday night's shooting:

Scott was patrolling in the area of Brighton Road Southwest when he spotted a car with its headlights off. Scott followed the car on various streets in the Wasena section.

The driver stopped when Scott turned on his siren and blue lights. The man opened the car's door, looked back and asked Scott what he wanted. Scott ordered the man to turn off the car engine, but the driver cursed the officer and drove away.

According to police, the man appeared to be throwing something out the car's window as Scott followed him.

He stopped again on Floyd Avenue, and Scott jumped out of his patrol car and walked up to the side of the other vehicle. When he opened the driver's door, Scott saw the man lean over toward the passenger side of the car. He pulled his service revolver.

The man grabbed Scott's gun and it discharged as the car lunged forward. As Scott fell backward the gun discharged again, striking the car in the left rear fender.

Scott then ran up to the car and pulled the driver out. The man was bleeding from the face when other police officers arrived.

Police found a large hunting knife under the driver's side floor mat of Simmons' car. A gram of cocaine was found in a small container near the driver.



by Bhavesh Jinadra by CNB