Virginiaplanter
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Man acquitted of wounding policeman
"Saturday, Oct 20, 2007 - 12:08 AM
By JAMIE C. RUFF
TIMES-DISPATCH STAFF WRITER
FARMVILLE -- A Farmville man was found not guilty yesterday of shooting a town policeman in the leg during a 2005 traffic stop, the prosecutor said.
The jury deliberated about an hour before deciding that Russell Smith was not guilty of attempted capital murder, malicious wounding and two counts of use of a firearm in the Oct. 21, 2005, shooting of Farmville police officer Johnny Garrett, Prince Edward County Commonwealth's Attorney James R. Ennis said.
The trial lasted two days.
Garrett testified Thursday that he had learned Smith's license had been revoked and the officer was preparing to administer a breath test to determine Smith's alcohol level when he saw Smith raise a .38-caliber handgun just inches from the officer's chest.
Garrett said he was shot in the thigh when the gun fired as he slapped it down. Garrett said he heard several other shots as he fled for cover, and returned fire. Garrett was treated at Southside Community Hospital and released. He is the first town officer shot since 1974.
Defense attorney John Mann insisted the gun went off accidentally and Smith fled as Garrett fired on him.
"He wasn't intending to hit anybody," Mann said of his client. "He left [because] the officer was trying to kill him."
But Ennis noted during questioning of Garrett that Smith did not throw the gun out of window, put up his hands or say it was an accident.
In late January, a mistrial was declared in the middle of closing arguments when Smith's defense attorney, James Sheffield, said he lost his train of thought and could not continue. "
We don't know the whole story, but I bet the LEO was well known by the people and not in a good way.
http://www.timesdispatch.com/cva/ric/news.PrintView.-content-articles-RTD-2007-10-20-0109.html
Man acquitted of wounding policeman
"Saturday, Oct 20, 2007 - 12:08 AM
By JAMIE C. RUFF
TIMES-DISPATCH STAFF WRITER
FARMVILLE -- A Farmville man was found not guilty yesterday of shooting a town policeman in the leg during a 2005 traffic stop, the prosecutor said.
The jury deliberated about an hour before deciding that Russell Smith was not guilty of attempted capital murder, malicious wounding and two counts of use of a firearm in the Oct. 21, 2005, shooting of Farmville police officer Johnny Garrett, Prince Edward County Commonwealth's Attorney James R. Ennis said.
The trial lasted two days.
Garrett testified Thursday that he had learned Smith's license had been revoked and the officer was preparing to administer a breath test to determine Smith's alcohol level when he saw Smith raise a .38-caliber handgun just inches from the officer's chest.
Garrett said he was shot in the thigh when the gun fired as he slapped it down. Garrett said he heard several other shots as he fled for cover, and returned fire. Garrett was treated at Southside Community Hospital and released. He is the first town officer shot since 1974.
Defense attorney John Mann insisted the gun went off accidentally and Smith fled as Garrett fired on him.
"He wasn't intending to hit anybody," Mann said of his client. "He left [because] the officer was trying to kill him."
But Ennis noted during questioning of Garrett that Smith did not throw the gun out of window, put up his hands or say it was an accident.
In late January, a mistrial was declared in the middle of closing arguments when Smith's defense attorney, James Sheffield, said he lost his train of thought and could not continue. "
We don't know the whole story, but I bet the LEO was well known by the people and not in a good way.
http://www.timesdispatch.com/cva/ric/news.PrintView.-content-articles-RTD-2007-10-20-0109.html
