Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, August 17, 1993 TAG: 9308170633
SECTION: CURRENT PAGE: NRV-1 EDITION: NEW RIVER VALLEY
SOURCE: By KATHY LOAN STAFF WRITER
DATELINE: PULASKI LENGTH: Medium
Frank Darryl Allen, who turns 36 next week, pleaded not guilty to four two-count indictments that he maliciously wounded four correctional officers while he was a prisoner at the facility near Dublin, also known as Camp One. He was serving a 10-year prison sentence for breaking and entering and grand larceny.
Allen sat quietly beside his attorney, Public Defender David Warburton, with his head bowed during most of Monday's proceedings in Pulaski County Circuit Court. He remained handcuffed throughout the trial and also was wearing leg restraints - both uncommon in Circuit Court trials.
Commonwealth's Attorney Everett Shockley had asked Judge Dow Owens to have Allen restrained throughout the trial, citing the nature of the charges against him, his HIV-positive condition and the need to ensure the safety of officials, jurors and spectators.
Warburton opposed the request as being "an affront to the criminal justice system."
Leaving Allen shackled would send a negative message to the jury, perhaps affecting their ability to consider him innocent until proven guilty, Warburton argued.
But Owens ruled that Allen would remained handcuffed and in leg restraints in the interest of safety and because of his past conduct. Shockley had earlier told the judge that Allen had been held in prison or jail isolation rooms as many as 30 times.
Four guards testified they were assaulted by Allen as they tried to handcuff him in two separate incidents at Camp One in mid-December.
Two guards were bitten, one lost two teeth from an elbow-blow to the mouth, and a fourth officer was scratched on both hands and sprained his wrist.
Capt. Steve Montgomery told the jury that a struggle developed with Allen after he was told he would be placed in isolation because of a confrontation he had with a guard in a dormitory.
As Officer Randy Brooks approached Allen - who was seated in Montgomery's office - and pulled out a pair of handcuffs, Montgomery said Allen jumped from his seat and lunged toward Brooks, striking him in the chest.
Montgomery said he and Sgt. Dave Ayers joined in the struggle to bring Allen under control. Montgomery was scratched on the hand and his knee and wrist were swollen after the scuffle.
Brooks testified he was bitten three times - twice on the chest and once on the right arm - after Allen swore at him and refused to leave the room. Ayers told the jury that he lost two front teeth when Allen struck him in the mouth with an elbow.
The 15-minute struggle was so intense, the officers testified, that they took a break before taking Allen to the separate cell - allowing him to sit and smoke a cigarette as they did the same.
The officers were unaware that Allen was HIV-positive.
About two hours after the struggle, Brooks testified, he went to Allen's isolation cell to ask him whether he had AIDS.
But before he could finish the question, the officer testified, Allen replied, "Yes, I have AIDS."
Medical records introduced Monday confirmed that Allen was HIV positive.
The following day, guards had to enter Allen's cell because they said he was threatening to start a fire with a pile of clothing, bedding and newspapers.
Officer Richard Manning testified he was bitten on his right shoulder during a struggle while he and other officers were attempting to cuff Allen.
Manning said the bite lasted for 10 to 15 seconds and that he had to grab Allen by the hair and pull him off.
Allen, who was transferred to the Augusta Correctional Unit after the Pulaski incidents, was serving a 10-year prison sentence for breaking and entering and grand larceny. He was released on mandatory parole on those charges earlier this year and is now being held in the Pulaski County Jail on the felony wounding charges.
Memo: ***CORRECTION***