Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, July 8, 1994 TAG: 9407080072
SECTION: VIRGINIA PAGE: B-4 EDITION: METRO
SOURCE: By TODD JACKSON STAFF WRITER
DATELINE: LENGTH: Medium
Canty, of Roanoke, filled out the form at Southern Pawn Shop on Campbell Avenue Southeast in September in an attempt to buy a .25-caliber Raven-made pistol, according to court documents. He wrote the word ``no'' next to a question on the form that asks if the applicant has any prior criminal convictions or is under indictment.
Canty had been indicted on a rape charge filed by a 13-year-old girl he met while working as a dropout prevention counselor at William Fleming High School.
Canty later admitted to a state police investigator that he answered the question falsely and told the investigator he ``completed the form hastily,'' according to evidence presented by Chief Assistant Com-monwealth's Attorney Betty Jo Anthony.
All criminal background forms for firearm purchases are reviewed by the state police before a transaction takes place. Canty was denied purchase of the gun and charges were placed.
Tony Anderson, Canty's attorney, told Judge Clifford Weckstein during Thursday's hearing that Canty thought the question referred only to criminal convictions, and not an indictment.
According to Virginia law, Canty could have purchased the gun if he had waited until after his acquittal in April.
Canty, 34, faces a maximum sentence of 10 years in prison.
Anthony said she will wait until the findings of a presentence report are presented Aug. 12 before making a recommendation on punishment.
Canty, who now manages a rental store on Melrose Avenue Northwest, gained attention in 1990 when he accused Roanoke police of using excessive force to arrest him after he tried to assist two girls charged with trespassing at a fast-food restaurant.
His complaints led the National Association for the Advancement of Colored People to call for an investigation of the Police Department.
A citizens' task force that formed as a result pushed for efforts to recruit minority police officers and an emphasis on community-oriented policing.
An internal police investigation found no excessive force was used in Canty's arrest, and an investigation by the U.S. Department of Justice found Canty's civil rights were not violated.
by CNB