FATHER CONVICTED FOR LEAVING FATAL LOADED SHOTGUN

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

DATE: FRIDAY, February 28, 1992                   TAG: 9202280322
SECTION: VIRGINIA                    PAGE: B3   EDITION: METRO 
SOURCE: VICTORIA RATCLIFF STAFF WRITER
DATELINE:                                 LENGTH: Medium
FATHER CONVICTED FOR LEAVING FATAL LOADED SHOTGUN
The father of a 3-year-old boy who accidentally shot and killed a Lexington woman was found guilty Thursday of breaking a new law aimed at prosecuting adults who leave loaded guns within reach of children.
Wayne Johnston, the boy's father, pleaded no contest in Rockbridge County Juvenile and Domestic Relations Court. Judge Robert Culpepper convicted Johnston and fined him $500 - the maximum penalty.
Johnston's attorney, Mike Irvine, said his client presented no evidence and made no argument.
Irvine said he had instructed Johnston not to comment about the case because of a pending civil lawsuit. But, Irvine said, "He's devastated by it. I can obviously see he is very upset. It's a tragedy, and he is devastated by that tragedy."
Johnston was the second person in Southwest Virginia to be charged under a state law that makes it illegal for gun owners to leave a loaded firearm where it endangers children younger than 14. The law went into effect in July.
Police said Johnston's 3-year-old son touched the trigger of Johnston's 12-gauge shotgun as the child played in his father's pickup truck outside Lexington Baptist Church after a Sunday evening worship service in November.
The shotgun - which was in a gun rack - fired, hitting and killing Linda Myers, a Sunday school teacher who was getting into her car about 15 feet away. The blast also injured Myers' 13-year-old daughter, Crystal.
The name of the 3-year-old was not given on instructions of the judge to the attorneys.
Commonwealth's Attorney Eric Sisler introduced a report Thursday showing that the safety on the shotgun was defective.
The first charge brought under the new law was dismissed earlier this month in Franklin County when the prosecutor declined to call a 7-year-old boy to testify against his father.
Sisler said Thursday that he hoped the new law would heighten awareness of the possibility of such accidents.
The Rockbridge County Board of Supervisors on Wednesday unanimously approved an ordinance prohibiting people from carrying loaded shotguns or rifles on public roads. The ordinance goes into effect March 15, according to County Administrator Don Austin.

by Bhavesh Jinadra by CNB