Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, December 10, 1993 TAG: 9312100240
SECTION: CURRENT PAGE: NRV-2 EDITION: NEW RIVER VALLEY
SOURCE: STEPHEN FOSTER STAFF WRITER
DATELINE: BLACKSBURG LENGTH: Medium
Jimmy L. Gaither, 25, was freed from jail after General District Judge Thomas Frith agreed with Gaither's attorneys that the evidence did not show the defendant directly caused the death of 55-year-old William "Junior" Epperly.
"The autopsy report speaks for itself - he had a heart attack," said attorney Max Jenkins after the preliminary hearing. He cited findings that Epperly's arteries were heavily clogged and hardened, that he suffered from liver damage and arthritis, and that his blood alcohol level was .27 percent at the time of his death.
And while Gaither, who had known Epperly for some time, had argued with him in the minutes before his heart attack, Gaither "simply was not there trying to kill anyone," Jenkins said.
Neighbors of Epperly, who lived in Room #8 at the Lake Terrace Motel on South Main Street, testified they heard the two men arguing the evening of Oct. 21
"The ruckus started around 8 p.m.," said next-door neighbor John Stevenson. "It sounded like someone was bouncing a basketball off the wall." Later, he heard a crash.
Stevenson said he went outside and saw the two men through Epperly's window.
"Junior was saying, `You don't have to talk to me like that. I've been good to you,' " Stevenson said. Then he heard someone cursing profusely, and saying, "You didn't give me enough.
"What they were talking about, I have no idea. It could've been anything," Stevenson said.
Jenkins, and his son, lawyer Robbie Jenkins, focused on Epperly's poor health and the absence of testimony that showed Gaither ever physically struck the man.
Blacksburg Detective D.W. Compton said Gaither told him at the motel office, "Ya'll think I killed someone." But Gaither also said, " `Junior was a good friend,' and that he would never do anything to hurt him."
Montgomery County Assistant Commonwealth's Attorney Skip Schwab argued that if the evidence did not support murder charges, then Gaither's negligence at the least was grounds for an involuntary manslaughter charge.
But Max Jenkins disagreed, saying, "There's no showing that his conduct even approached criminal negligence." And even though Gaither cursed and argued with the disabled Epperly, Jenkins argued, "That's just not murder, your honor."
The state still could take Gaither's case directly to the grand jury for indictment, but Commonwealth's Attorney Phil Keith said Thursday he had not made a decision and would be reviewing the case.
by CNB