ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Saturday, December 21, 1996 TAG: 9612230041
SECTION: CURRENT PAGE: NRV-3 EDITION: NEW RIVER VALLEY
DATELINE: CHRISTIANSBURG
SOURCE: LISA K. GARCIA STAFF WRITER
As the parents of Alexander V. DeFilippis wait to hear the result of appeals by the man sentenced to death for murdering their son in Montgomery County, the commonwealth's attorneys in Floyd and Giles counties are settling other felony charges in the case.
In Floyd County, a circuit court judge found Ben Lilly guilty of breaking and entering and grand larceny. Lilly entered an Alford plea, which means he maintains his innocence, but agrees the state has evidence to convict him. He was sentenced to 10 years and two months in prison, which will run concurrent with his death sentence in Montgomery County, Gino Williams, Floyd County's commonwealth's attorney, said Friday.
The charges in Floyd County marked the beginning of a crime spree by three men - Lilly, his younger brother Mark Lilly and Gary Barker - that crossed three counties.
Lilly, 28, shot DeFilippis in the rural Whitethorne area of Montgomery County during the crime spree. His brother, 21-year-old Mark Lilly, and Barker were also convicted of capital murder in the 22-year-old Virginia Tech student's death.
A Montgomery County jury recommended the death penalty for Ben Lilly in October because evidence showed he was the triggerman in the Dec. 5, 1995, killing. He also got two life sentences plus 27 years for abduction, robbery, carjacking and related firearms charges.
Mark Lilly was also found guilty of breaking and entering and grand larceny in Floyd County and received an 18-year sentence, Williams said. The sentence will run concurrent with the 49 years he received in Montgomery County for carjacking, abduction, robbery and capital murder and four related firearms charges, Williams said.
Barker pleaded guilty to a breaking and entering and grand larceny charge in Floyd County and was sentenced to 20 years in prison, according to Williams. Ten years of the sentence will run concurrent with Barker's sentences in Montgomery and Giles counties.
In Giles County, Commonwealth's Attorney Garland Spangler said Barker and Mark Lilly were each found guilty of two counts of armed robbery and two related firearms charges.
Authorities believe all three men robbed two Giles County convenience stores after murdering DeFilippis and taking his car.
Mark Lilly was sentenced to 45 years in prison for the robberies, which will run concurrent with his sentence in Montgomery County.
Barker was sentenced to 49 years in Giles County for the robberies and firearms charges. The sentence will run concurrent with his Montgomery County sentence of 53 years. Barker was convicted of the same charges in Montgomery County as Mark Lilly.
Spangler said the only remaining charges to be heard in Giles County, related to this case, are two counts of robbery and two related firearms charges pending against Ben Lilly. Those charges will be heard in February.
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