ROANOKE TIMES
Copyright (c) 1995, Roanoke Times
DATE: Saturday, December 9, 1995 TAG: 9512120084
SECTION: VIRGINIA PAGE: A-1 EDITION: METRO
DATELINE: PEARISBURG
SOURCE: KATHY LOAN STAFF WRITER
note: lede
MEMO: ***CORRECTION***
Published correction ran on December 12, 1995.
A clerk at the Long Shop Grocery says she cannot definitely say whether
a customer she had a conversation with on the night of Dec. 5 was
Benjamin L. Lilly, one of the men charged with killing a Virginia Tech
student that day.
The clerk also says a story in Saturday's paper erroneously combined
statements by two customers into one.
An investigation is continuing to determine whether Lilly was in the
store that night. The clerk declined to talk with a newspaper reporter
for Saturday's story. The information that was reported came from an
investigator in the Montgomery County Sheriff's Office, who acknowledged
Monday that he may have misunderstood the clerk.
Carolyn Graves moved from the back of the Giles County courtroom to the third row to be as close as possible to her son who - sitting shackled on the front row - was separated from her by a deputy.
Her son, Gary Wayne Barker, 19, was the first of three Montgomery County men arraigned Friday in Giles County General District Court on charges resulting from a Tuesday crime spree in the New River Valley that included the slaying of a Virginia Tech student and the robbery of two Giles County convenience stores.
Benjamin Lee Lilly, 27, and his brother Mark Anthony Lilly, 20, both of Riner, are the other suspects. Investigators believe Ben Lilly was the triggerman in the shooting death of Alexander V. DeFilippis.
All three men are charged with the capital murder, abduction, robbery and carjacking of DeFilippis in Montgomery County and the robbery of the two stores in Giles County. They also face six charges of using a firearm to commit the crimes. Ben Lilly also is charged with possessing a firearm as a convicted felon.
As Judge T.D. Frith Jr. read the list of charges against her son, Graves became more anguished. When he spoke the word "murder," she sobbed, placed her head in her hands and called out to God.
"I love you," she cried to her son, turning in her seat to watch as deputies led Barker back to jail.
Benjamin Lilly could face the death penalty if convicted of being the person who actually killed DeFilippis. The other two could face life in prison.
Barker's mother and members of the Lilly family had little to say after the arraignment.
Relatives declined to be interviewed other than to express sympathy for DeFilippis' family, saying they could imagine the torture they are going through. They refused on-the-record interviews.
"We all feel terrible. ... The family is deeply sorry," said a Lilly family spokesman.
DeFilippis, 22, was abducted from the parking lot of the Hethwood Xpress store off Prices Fork Road Tuesday evening as he stood outside his car checking his tires. A friend was inside the store making a photocopy.
Investigators originally thought DeFilippis was inside his car when he was abducted, but learned later that he was inspecting the tires because he had struck a curb.
Investigators said they believe that DeFilippis was forced into the back seat of his car and driven several miles to Whitethorne, where he was stripped to his underwear and socks, then shot in the head three times times near railroad tracks. A fourth gunshot wound was found in his forearm, suggesting he was trying to shield himself.
It appears the trio then drove to the Long Shop Grocery, where one of them went into the store, said Captain O.P. Ramsey of the Montgomery County Sheriff's Office.
"We believe that they went up there and got them two six packs of beer and two packs of cigarettes," with a $20 bill taken from DeFilippis, Ramsey said Friday.
Ramsey said a clerk at the store, whose name is not being released, recalled speaking to a man as he made his purchase.
"He said his little brother was driving and if anybody got killed tonight it wouldn't be him," Ramsey said. Authorities believe the customer was Ben Lilly.
Friday, Judge Frith appointed Jimmy Turk and Fred Kellerman to represent Barker. Max Jenkins and Christopher Tuck will be Ben Lilly's lawyers. Joe Painter and Pete Theodore were appointed to represent Mark Lilly.
Authorities believe Tuesday night's events were set in motion after a home in the Alum Ridge section of Floyd County was broken into and three guns were stolen. DeFilippis was abducted at about 7:15.
The H&L Mini-Mart in the Eggleston section of Giles County was robbed about 7:45 p.m.
About 40 minutes later, the M&W Market in Pembroke also was robbed. Minutes later, authorities began capturing three suspects, two of whom ran from DeFilippis' car as they approached.
No charges have been entered yet in the Floyd County break-in. MEMORIAL SERVICE
A brief, nondenominational memorial service for Alexander DeFilippis will be held at noon Monday in the Memorial Chapel on the Virginia Tech campus.
LENGTH: Long : 103 lines ILLUSTRATION: PHOTO: GENE DALTON/Staff. 1. Slaying suspect Benjamin Lee Lillyby CNBis led to the Giles County Jail before his Friday morning
arraignment. color. 2. Gary Wayne Barker is led to a Giles County
courtroom Friday. 3. Mark Anthony Lilly listens to charges against
him Friday morning. Graphics: Charts. 1. What happens next? color.