ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Wednesday, February 14, 1996 TAG: 9602140042
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
SOURCE: LAURENCE HAMMACK STAFF WRITER
Even though he apparently did not fire the fatal shot - and in fact was shot himself - Michael J. Houser was convicted Tuesday of killing a Roanoke man during a botched robbery at a Memorial Avenue Southwest home.
Houser, 25, pleaded guilty to the robbery and murder of Randall E. Carter.
Roanoke Circuit Judge Clifford Weckstein found Houser guilty under the legal principle that someone who willfully participates in a felony that results in a death can be convicted of murder, even if he or she did not plan or actually commit the killing.
Houser has testified that he and Thomas A. Burton decided to rob Carter last summer after hearing rumors that Carter was involved in drug dealing, figuring the 48-year-old man had marijuana or money for the taking.
After driving to Carter's home about 2 a.m. June 30, they asked to use the telephone and were allowed inside. Burton then pulled a gun and demanded money or drugs from Carter, Houser has said.
Carter directed them to his refrigerator, where there was a small amount of marijuana in the butter tray. But that wasn't enough for Burton, who became increasingly angry and threatening.
As Carter attempted to flee, Houser has said, Burton fired at least four shots. Three of them struck Carter in the wrist, abdomen and forehead. A fourth shot hit Houser in the stomach.
Houser was charged with murder and robbery after he showed up at a Roanoke hospital with a bullet wound to his gut and the marijuana from Carter's home tucked in his shoe.
At his trial last month, Burton maintained that Houser or a third man involved in the robbery - who was given immunity in return for his testimony against Burton - could have fired the fatal shots.
But Burton was convicted of murder, in part based on Houser's testimony. Under questioning from Weckstein, Houser said he had received no promises from the prosecution in return for his testimony against Burton.
Both men will face maximum sentences of two life terms in prison when they are sentenced later this year.
At first, authorities charged both men with capital murder. But because of the so-called "trigger man rule," which allows the death penalty only for the person who pulls the trigger in a murder case involving multiple defendants, prosecutors reduced the charges to first-degree murder.
Although prosecutors contend that Burton actually fired the fatal shots, they were not sure the evidence against him would be strong enough to support a death sentence.
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