Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, October 19, 1993 TAG: 9310190098
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
SOURCE: By LAURENCE HAMMACK STAFF WRITER
DATELINE: LENGTH: Medium
Corey A. Payne, 17, will face up to 20 years in prison when he is sentenced later for the March 24 murder of Ivory F. Williams.
Williams, 29, of Roanoke, was shot four times with a .22-caliber handgun during an argument with Payne on Centre Avenue, adjacent to the Lansdowne public-housing development.
"There were apparently words exchanged, but the exact nature of the argument will probably never be known," Assistant Commonwealth's Attorney Dennis Nagel said.
Payne decided to plead guilty to reduced charges hours after a mistrial had been declared in his jury trial for a first-degree murder charge.
The jury, which heard opening arguments and testimony from several witnesses, was sent home about 1 p.m. after one juror said she could not keep an open mind.
The woman said her past experience as a counselor for troubled youths might prevent her from giving Payne a fair trial.
Prosecutors had hoped to try Payne again later this week, but the earliest available trial date was in January. Concerned that some witnesses might not be available then, prosecutors did not object when Payne pleaded guilty to the second-degree murder charge.
In opening arguments to the jury, Chief Assistant Commonwealth's Attorney Betty Jo Anthony said Payne had borrowed a gun from a friend and was riding around with two other youths the night of the killing.
After spotting Williams on Centre Avenue, Payne got out of the car, shot him during a brief argument, then fled, Anthony said.
Police were called after a passing motorist saw a man lying face-down on the sidewalk about 2:40 a.m. Williams had been shot in the head, neck, chest and abdomen.
Payne was arrested three weeks later, Anthony said, after "he was bragging to guys in the neighborhood that he had killed Williams."
Assistant Public Defender Jackie Talevi told the jury she expected Payne to testify, but did not outline a clear defense.
"You listen to see if he's the kind of guy to go bragging around the neighborhood about killing a man," she said.
But after several police officers had testified, Judge Kenneth Trabue sent the remaining witnesses home.
The juror who asked to be excused had made no mention of a possible problem during jury selection, when jurors are asked about potential conflicts. Because the trial was not expected to be long, an alternate had not been selected.
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