ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Wednesday, August 7, 1996 TAG: 9608070052
SECTION: VIRGINIA PAGE: A1 EDITION: METRO
DATELINE: WYTHEVILLE
SOURCE: LISA K. GARCIA STAFF WRITER
note: above
Sixteen-year-old Christopher Shawn Wheeler pleaded no contest and was found guilty of second-degree murder Tuesday for the December 1994 shooting of a Wythe County deputy sheriff.
Wheeler, who was tried as an adult in Wythe County Circuit Court, made no statement about his guilt, but admitted the evidence was sufficient to convict him of second-degree murder and use of a firearm in the commission of a felony. He faces a maximum of 40 years in prison for the murder and two years for the firearms charge.
Wheeler showed no emotion during the trial and barely spoke above a whisper when entering his plea. His attorney, Jonathon Venzie, said after the trial that Wheeler was resigned to the no-contest plea and "very much remorseful" for what happened.
Wheeler stared at his feet and would not answer reporters' questions as deputies escorted him to a car waiting outside the courthouse.
Assistant Commonwealth's Attorney Keith Blankenship said he would not comment on the case until the sentencing hearing, which is now set for Oct. 21.
The judge denied the defense's request to keep Wheeler in the New River Valley Detention Home, where he has been held since the shooting. Instead, Campbell ordered Wheeler transferred to the Wythe County Jail.
Lt. Col. Doug Cooley of the Wythe Sheriff's Office said Wheeler will be moved to the Pulaski County Jail until he is sentenced to avoid the possibility of any accusations that Wheeler was mistreated while in jail in Wytheville.
Originally, authorities charged Wheeler with capital murder, which carries a potential death sentence. But Juvenile and Domestic Relations Judge William Thomas ruled a confession Wheeler made was inadmissible in his court after the defense argued that police made no effort to have Wheeler's guardian present for the questioning.
Both sides then agreed to the second-degree murder charge in Juvenile Court.
When Wheeler's case was moved to Circuit Court, the prosecution said it planned to raise the charge to capital murder again, but Circuit Judge Colin Campbell ruled July 11 that the higher charge could not be heard.
Wheeler was 15 and living with his grandmother on South Church Street when Deputy Cliff Dicker came to his door Dec. 6, 1994, with detention petitions accusing Wheeler of auto theft and petty larceny. The Sheriff's Office had served 12 petitions on Wheeler prior to the shooting and never before faced a confrontation, Sheriff Wayne Pike said shortly after the slaying.
The teen had been squirrel hunting before Dicker arrived with the papers and asked if he could change clothes before leaving with Dicker. Dicker agreed.
Shortly after 9 a.m., the 57-year-old Dicker was shot with a bullet from Wheeler's .22-caliber rifle. The second shot, which killed Dicker, came from the deputy's own 9 mm pistol.
Investigator Wade Whisman of the Wytheville Police Department testified Tuesday that he wrote Wheeler's confession as Wheeler dictated it. The confession was disallowed in Juvenile Court, but was admitted in Circuit Court Tuesday as part of the summation of evidence.
In that statement, Wheeler said Dicker had shouted at him as he went to his bedroom to change clothes. Wheeler said he picked up his gun and turned around to see Dicker "go for his gun." That's when Wheeler said he fired the first shot that hit Dicker in the head.
As he walked to where Dicker lay bleeding, Wheeler's statement said, he heard Dicker making sounds "like his nose was stopped up." Wheeler said he got scared and used Dicker's gun to shoot him again in the head.
Wheeler then ran out of the house to look for his grandmother who returned with him to the house and called police.
Sgt. Dan Murphy testified Tuesday that he arrived at Wheeler's home and saw what appeared to be his partner's pistol on the ground near Wheeler. Murphy said he asked Wheeler where Dicker was and Wheeler said, "He's inside and I shot him."
Dicker, who was lying just a few steps inside the house, died at the scene.
Dicker had served 14 years with the Sheriff's Office and was a 20-year Air Force veteran.
LENGTH: Medium: 85 lines ILLUSTRATION: PHOTO: LORA GORDON Special to The Roanoke Timesby CNBChristopher Shawn Wheeler (right) leaves the Wythe County Courthouse
with Deputy S.E. Lowe on Tuesday morning. color