CHRISTIANSBURG — A Blacksburg lawyer arrested in late February on gun and drug charges will be granted bond if a psychiatrist confirms that he is not a threat to himself or the public.

Joseph Painter, 65, has been charged with driving under the influence, distribution of a Schedule IV controlled substance and two counts of selling or giving a firearm to a convicted felon.

Judge A. Joseph Canada, a retired judge brought in to preside over the hearing Thursday in Montgomery County Circuit Court, ruled that Painter will be given a $50,000 bond, with $10,000 secured, if a psychiatrist at Carilion Clinic Saint Albans Hospital near Radford determines that Painter is on the correct medications and will not cause any harm if released.

If Painter makes bond, Canada said, he will have to immediately check himself into an inpatient treatment center. Once back at home, Painter will not be allowed to have weapons in his house, will not be allowed to drive, will not be allowed to drink alcohol or use illegal drugs, and will be required to see his psychologist on a weekly basis. Canada also ruled that Painter’s family members will be required to notify authorities if Painter does not satisfy these requirements.

At the beginning of the month, Painter was denied bond in general district court, after the prosecution argued that his history of misdemeanor convictions, his extensive gun collection and his mental health issues could make him a danger to the community.

Painter was arrested Feb. 26 after police received a call at 10:51 p.m. about a possible fight between a man and a woman in a car on North Franklin Street in Christiansburg, authorities have said. After officers located the car in the parking lot of the Super 8 motel on Laurel Street, a passenger in the vehicle, who is a former client of Painter, also was arrested, according to authorities.

Doris Ann Oliver, 21, of Roanoke, was arrested and charged with two counts of possession of a firearm by a convicted felon, one count of possession of ammunition by a convicted felon, one count of possession of a controlled substance, one count of possession of controlled paraphernalia, one count of possession of marijuana and one count of possession of a concealed weapon.

Oliver was denied bond at a hearing earlier this month.

At Thursday’s bond hearing, law enforcement officials, Painter’s priest and Painter’s psychologist testified that Painter has never displayed any violent tendencies.

Painter’s lawyer, Wade McNichols, said there was “simply no reason … to not set some sort of bail” since the prosecution failed to prove that Painter is a danger.

Martinsville Commonwealth’s Attorney Joan Ziglar, who has been appointed to prosecute Painter’s case, disagreed, pointing to the powerful medications that Painter is on for his bipolar disorder and his history of dissociative episodes.

In April 2001, Painter was convicted of setting fires in an area behind his former house on Rucker Road in Blacksburg. According to his wife’s previous testimony, he set the fires because he believed there was a sinkhole on the property and did not want it to be developed. Painter’s law license was suspended for a year, he received a suspended jail sentence and he had to move at least a quarter-mile from the property.

Painter’s psychologist, Roy Crouse, testified Thursday that he believes Painter was having a dissociative episode when he set the fires and didn’t realize what he was doing.

Several witnesses testified that prior to his February arrest, Painter’s physical appearance changed and he appeared disheveled, anxious and had slurred speech. Crouse said Painter has been on a number of strong medications for some time, and that they have started to affect his motor movements. At his first bond hearing, Painter required a wheelchair because his walking had been unsteady, according to testimony. He did not use a wheelchair Thursday.

Painter often twitched during the hearing and appeared to be squinting at whoever was speaking. He attempted to drink from a plastic cup of water but was shaking and spilled much of it.

Before Canada announced his decision on bond, Painter’s wife, Marie, yelled from the gallery that she has removed all of the guns from the couple’s house. According to testimony, Painter has long been a collector of firearms.

“You be quiet now,” Canada said to Marie Painter. “I’m trying to do everything I can with the facts.”

After setting bond, Canada reiterated that Painter is not to be released until a psychiatrist evaluates him and agrees with the decision.

“I want to make sure he doesn’t do anything to himself or anyone else,” Canada said. “It seems unlikely it would happen. But he’s been going downhill, and we want to see him go back uphill.”

Weather Journal

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