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http://www.timesdispatch.com/cva/ric/news.apx.-content-articles-RTD-2007-09-28-0253.html
hopefully grand jury will end it but in richmond its iffy
Ice-cream manager facing case
Prosecutors want firearms charge in fatal shooting of robber in South Side
Friday, Sep 28, 2007 - 12:09 AM
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By JIM NOLAN
TIMES-DISPATCH STAFF WRITER
Richmond prosecutors will seek a felony indictment on a charge of reckless discharge of a firearm against the Baskin-Robbins ice-cream parlor manager who fatally shot a man who robbed the store this month.
"We have considered everything the police officers have brought in, the witnesses interviewed, the review of the scene and the forensic evidence collected, and I believe there is probable cause that a crime has been committed," said Richmond Commonwealth's Attorney Michael N. Herring, explaining his decision to present evidence to a grand jury.
Herring is expected to formally announce his decision at a news conference this morning.
According to police, on Sept. 6 Jerome Davis, 43, entered the Baskin-Robbins at 6940 Forest Hill Ave. waving a BB gun version of a 9mm handgun and demanded money from the register. The shift manager, David Fielding, handed over cash and change.
According to investigators, Davis ordered Fielding, another Baskin-Robbins employee and the lone customer to go to the back of the store.
Once in the back of the store, investigators said, Fielding produced his own 9mm gun from his waistband. The 21-year-old art student at Virginia Commonwealth University moved back toward the front counter of the store and opened fire, causing Davis to flee.
Investigators said it appears three of the shots fired that night by Fielding were fired from inside the store. Outside the store, investigators found evidence of eight additional shots fired.
Davis, a career criminal with a record of robberies and prison time, was hit twice -- once in the hand and once in the back. He died a short distance away in front of his home in the 2900 block of Cherokee Road, a couple of blocks behind the ice-cream parlor.
Herring said he has decided to seek an indictment against Fielding for reckless discharge, not manslaughter, because it cannot be determined whether the shot that killed Davis was fired from inside or outside the store.
"One volley of shots appears to have been arguably reasonable," Herring said. "And from what I've seen, the other volley of shots does not."
"The robber's trial should not have taken place in the parking lot of the Baskin-Robbins," he said.
Reckless discharge is a Class 6 felony punishable by up to five years in prison. Manslaughter carries a maximum sentence of up to 10 years in prison.
Herring said he wanted the grand jury to decide whether the second round of shots was reckless.
"If they believe they were, then they have the option to indict," Herring said. "If they don't, then I have to respect that decision."
Reached last night, attorney Craig S. Cooley, who along with lawyer Frank N. Cowan is representing Fielding, said it was inappropriate for him to comment on the case at this time.
The shooting has raised controversy over whether the actions of the store manager were justified given the circumstances of the robbery. Virginia law allows a person to use deadly force in self-defense only if his or her safety is threatened.
After the shooting, a petition was circulated to Stratford Hills-area businesses expressing support for Fielding. More than 550 people signed the petition.
Organizers and local business leaders also have urged further steps be taken to curb the rash of armed commercial robberies in the ice-cream store's area, which increased from six in the first eight months of 2006 to 32 through Sept. 2 of this year.
The Baskin-Robbins had been robbed Aug. 14, several weeks before the fatal shooting, when Fielding was present. No shots were fired at that time, and no one was injured. An early report said Fielding purchased his handgun after that incident, but police said records indicate he bought it in the spring.
"As much as I respect and appreciate the public's opinion, I can't allow any aspect of a charging decision to be affected by it," Herring said.
"If there's anything I want people to take away from this, it's that I don't think more guns is in any way a good thing," the prosecutor added.
"It's only a matter of time before some victim hits an innocent bystander. Then what?"
Contact Jim Nolan at (804) 649-6061 or [email protected].
hopefully grand jury will end it but in richmond its iffy
Ice-cream manager facing case
Prosecutors want firearms charge in fatal shooting of robber in South Side
Friday, Sep 28, 2007 - 12:09 AM
Article Tools
Email a Friend
RSS
digg it Printer Friendly
Mobile Alerts
Sphere IT
Save This Page
By JIM NOLAN
TIMES-DISPATCH STAFF WRITER
Richmond prosecutors will seek a felony indictment on a charge of reckless discharge of a firearm against the Baskin-Robbins ice-cream parlor manager who fatally shot a man who robbed the store this month.
"We have considered everything the police officers have brought in, the witnesses interviewed, the review of the scene and the forensic evidence collected, and I believe there is probable cause that a crime has been committed," said Richmond Commonwealth's Attorney Michael N. Herring, explaining his decision to present evidence to a grand jury.
Herring is expected to formally announce his decision at a news conference this morning.
According to police, on Sept. 6 Jerome Davis, 43, entered the Baskin-Robbins at 6940 Forest Hill Ave. waving a BB gun version of a 9mm handgun and demanded money from the register. The shift manager, David Fielding, handed over cash and change.
According to investigators, Davis ordered Fielding, another Baskin-Robbins employee and the lone customer to go to the back of the store.
Once in the back of the store, investigators said, Fielding produced his own 9mm gun from his waistband. The 21-year-old art student at Virginia Commonwealth University moved back toward the front counter of the store and opened fire, causing Davis to flee.
Investigators said it appears three of the shots fired that night by Fielding were fired from inside the store. Outside the store, investigators found evidence of eight additional shots fired.
Davis, a career criminal with a record of robberies and prison time, was hit twice -- once in the hand and once in the back. He died a short distance away in front of his home in the 2900 block of Cherokee Road, a couple of blocks behind the ice-cream parlor.
Herring said he has decided to seek an indictment against Fielding for reckless discharge, not manslaughter, because it cannot be determined whether the shot that killed Davis was fired from inside or outside the store.
"One volley of shots appears to have been arguably reasonable," Herring said. "And from what I've seen, the other volley of shots does not."
"The robber's trial should not have taken place in the parking lot of the Baskin-Robbins," he said.
Reckless discharge is a Class 6 felony punishable by up to five years in prison. Manslaughter carries a maximum sentence of up to 10 years in prison.
Herring said he wanted the grand jury to decide whether the second round of shots was reckless.
"If they believe they were, then they have the option to indict," Herring said. "If they don't, then I have to respect that decision."
Reached last night, attorney Craig S. Cooley, who along with lawyer Frank N. Cowan is representing Fielding, said it was inappropriate for him to comment on the case at this time.
The shooting has raised controversy over whether the actions of the store manager were justified given the circumstances of the robbery. Virginia law allows a person to use deadly force in self-defense only if his or her safety is threatened.
After the shooting, a petition was circulated to Stratford Hills-area businesses expressing support for Fielding. More than 550 people signed the petition.
Organizers and local business leaders also have urged further steps be taken to curb the rash of armed commercial robberies in the ice-cream store's area, which increased from six in the first eight months of 2006 to 32 through Sept. 2 of this year.
The Baskin-Robbins had been robbed Aug. 14, several weeks before the fatal shooting, when Fielding was present. No shots were fired at that time, and no one was injured. An early report said Fielding purchased his handgun after that incident, but police said records indicate he bought it in the spring.
"As much as I respect and appreciate the public's opinion, I can't allow any aspect of a charging decision to be affected by it," Herring said.
"If there's anything I want people to take away from this, it's that I don't think more guns is in any way a good thing," the prosecutor added.
"It's only a matter of time before some victim hits an innocent bystander. Then what?"
Contact Jim Nolan at (804) 649-6061 or [email protected].
Ran unopposed, too. I'm surprised he's had time to work on the case. There have been a lot of innocent bystanders killed here, one this week.