ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Tuesday, October 8, 1996 TAG: 9610080067
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
DATELINE: FINCASTLE
SOURCE: MATT CHITTUM STAFF WRITER
The 18-year-old driver of a car that state police chased through two counties last week until it crashed and killed a Covington man was indicted on a murder charge Monday.
Typically, the charge in a case where a motorist is killed by another driver is manslaughter. But after testimony from Sgt. R.A. Black of the state police, a Botetourt grand jury indicted Timothy Stocks of Lost Creek, Ky., for second-degree felony-murder, Botetourt County Commonwealth's Attorney Joel Branscom said. The charge carries a sentence of five to 20 years.
The felony-murder statute applies to murder committed in the process of committing another felony - in this case, car theft.
Stocks was driving a large sedan state police later learned had been stolen from a Jackson, Ky., vocational-technical school's auto mechanics class.
The six-minute chase started when Trooper J.J. Daniels clocked the sedan at 87 mph on Interstate 64 in Alleghany County the evening of Sept. 30, according to state police reports. Daniels followed as the car turned onto U.S. 220, and then chased at speeds around 90 mph into northern Botetourt County.
Daniels broke off the chase, state police said, when he reached a particularly winding stretch of 220 just north of Gala. The sedan maintained its speed and began passing cars on the narrow, two-lane road until it lost control and crossed into the path of a car driven by Timothy Mays.
Mays, 29, of Covington, died at the scene. The driver of a third car in the accident, Ellis Cobb of Daleville, suffered minor injuries.
Stocks and his passenger, Johnny Hayes, 21, also of Kentucky, remain bedridden at Carilion Roanoke Memorial Hospital, Branscom said. But they may be transferred to a state prison with a secure hospital. Both were in stable condition the day after the crash.
Stocks was also indicted on charges of grand larceny and eluding a police officer resulting in personal injury, both felonies, and driving without a license and reckless driving, both misdemeanors. Hayes was indicted for grand larceny.
The Jackson, Ky., police also have larceny warrants for the pair, Sgt. Jeff Noble said last week.
Stocks and Hayes are due to be arraigned in Botetourt County on Oct. 29.
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