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Special prosecutor named in fatality

Wednesday, November 27, 2013

By BULLETIN STAFF REPORTS -

Roanoke City Commonwealth’s Attorney Donald Caldwell will be the special prosecutor in the case of a Henry County Sheriff’s deputy who was involved in a fatal accident Thursday.

Henry County Commonwealth’s Attorney Andrew Nester said Tuesday that Caldwell had agreed to take the case and determine whether charges will be filed.

Nester sought a special prosecutor in the case of Deputy J.B. Stone, who was responding to a call on U.S. 220 just north of Bank Services when a man, dressed in dark clothing, stepped into the left lane in front of the deputy’s police car, according to State Trooper C.A. Weidhaas.

Stone tried to swerve and miss the man but could not, the trooper said.

Oliver Chester Rumley, 49, of 41 Ruth Court, Collinsville, and formerly of Bassett, was struck at 10:23 p.m. and pronounced dead at the scene at 10:40 p.m., Weidhaas said.

Nester said once a circuit court judge signs an order appointing Caldwell, he or an assistant in his office will get all the investigative materials in the case.

“They will look that over, pour through that,” talk with the trooper, take any witness statements and consider all the evidence to “make a decision one way or the other” on whether to pursue the case, Nester said.

If charges are filed, it would be done at Caldwell’s direction but the process would occur in Henry County, Nester said.

He also has said appointment of a special prosecutor is standard procedure in a case such as this in which the commonwealth’s attorney’s office has worked closely with the sheriff’s deputy.

 

 
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