ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Wednesday, July 31, 1996 TAG: 9607310013
SECTION: CURRENT PAGE: NRV1 EDITION: NEW RIVER VALLEY
DATELINE: CHRISTIANSBURG
SOURCE: LISA K. GARCIA STAFF WRITER
The Christiansburg woman shot in both legs by a town police officer three months ago has been found guilty of reckless handling of a firearm, a misdemeanor.
Police said Stella Arcaro pointed a rifle in an officer's direction just before she was shot. A county prosecutor who reviewed the case said the officer had the right to protect herself.
But Arcaro's attorney says he expects her to seek legal advice about a civil suit against the Christiansburg Police Department.
Arcaro, 42, pleaded not guilty last week but agreed the commonwealth's evidence was sufficient for a conviction, according to her court-appointed attorney, Matthew Pethybridge.
Pethybridge said General District Judge John Quigley found Arcaro guilty and the sentence was part of a plea agreement.
Arcaro was sentenced to six months in jail, all of which was suspended, and had to hand over her .22-caliber rifle to authorities. She also was forbidden from getting any other guns for the next two years, according to records of the July 23 trial.
But Pethybridge said this may not be the end of the case.
"I do expect Stella to seek other legal advice on whether or not she has a cause of action against the police," Pethybridge said.
In a telephone interview Monday, Arcaro said she would not comment on what, if any, legal action she planned to take.
Lt. Gary Brumfield, spokesman for the Christiansburg Police Department, said he would not comment about any potential civil cases against the department. He added he would not release any information about his internal administrative investigation into the shooting. He did confirm that the officer involved, Alicia H. Smith, is back on active duty and has been for many weeks.
He also would not comment on what the state police investigation - still technically open - found. The state police Bureau of Criminal Investigations agent in charge of the investigation is out of the office this week and unavailable to comment on its status.
Police said it all began April 27 when Arcaro called 911, said she was armed and threatened suicide.
In response, several police officers went to Arcaro's apartment in Old Farm Village Apartments off Roanoke Street near Interstate 81 in Christiansburg.
When they reached Arcaro's apartment, they went to the rear where they could see Arcaro through a window and confirmed she was armed. Police said they heard a gunshot about 9 p.m.
Shortly afterward, according to police, Arcaro left her apartment by the back door while carrying a .22-caliber rifle raised and pointed in the direction of an officer. That's when Smith, a rookie officer, fired several shots at Arcaro, hitting her in the right calf and the left thigh.
Town police would not disclose the number of shots Smith fired, but one of Arcaro's neighbors said she heard at least six shots.
Arcaro spent 11 days in the hospital where doctors performed surgery to repair a femur fracture and clean the calf wound. Her attorney said she will undergo more medical treatment in the months to come.
Montgomery County Commonwealth's Attorney Phil Keith said in May that a state police investigation showed Arcaro "waved the gun around," placed Smith in fear and gave her a right to protect herself.
Keith said he did not pursue a more serious felony charge of attempted capital murder against Arcaro because the state police investigation showed officers could not prove Arcaro actually pointed the rifle at a particular officer.
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