Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, June 29, 1994 TAG: 9406290112
SECTION: CURRENT PAGE: NRV-6 EDITION: NEW RIVER VALLEY
SOURCE: By KATHY LOAN STAFF WRITER
DATELINE: CHRISTIANSBURG LENGTH: Medium
Robert N. Denham, 53, a deputy sheriff who works for the sheriff's maintenance department, was originally charged with reckless driving in the Nov. 24 wreck that killed retired social worker Lillian S. Francis, 81, on Huffville Road near Floyd County.
But two weeks ago, Denham was charged with involuntary manslaughter after special prosecutor Randal Duncan, Radford's commonwealth's attorney, reviewed the case with the investigating trooper.
Tuesday, Duncan argued that there was sufficient evidence for the new charge. He told Substitute Judge Ellen Weinman of Salem that although the woman's death was unintentional, it resulted from Denham's negligence in driving on the wrong side of the road.
Duncan said he thought Denham never returned to his lane of travel after stopping at his mailbox across the road from his house.
But Henry Whitehurst, Denham's attorney, said it was possible that Francis was not completely in her lane after rounding a curve on the rural, unmarked road and then both drivers reacted by heading to the side of the road.
State Trooper R.L. Tompkins said in November that the wreck happened about one-tenth of a mile from Denham's home. Denham, who was not on-duty at the time of the wreck, was on his way to Christiansburg, and Francis was on her way to her home near the Floyd County line.
Tuesday, Tompkins testified Francis had likely stopped her car at the time she was hit and was pulled over to a ditch on her side of the road.
Tompkins read a statement given by Denham several hours after the crash. Denham told the trooper he had checked his mailbox then came over a slight rise in the road when he saw Francis' car in the path of his truck. He said he was unable to avoid the collision. After the wreck, Denham tried to help the woman, then ran to a nearby house to call 911.
Tompkins testified that there were no skid marks before the impact. Denham's truck went over top the car then became airborne for a short distance, Tompkins said.
Whitehurst had argued the "terrible wreck" was an accident that did not rise to the criminal negligence implied in an involuntary manslaughter charge.
Weinman ruled there was enough probable cause to certify the charge to a Montgomery County grand jury to consider for indictment. The reckless driving charge was not prosecuted.
by CNB