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Friday, July 14, 2006

Standoff leads to federal charges

The suspect in a siege Wednesday faces higher penalties that way, said Roanoke's police chief.

A man accused of shooting a Vinton police officer Wednesday and sparking a five-hour standoff went before a federal judge on Thursday, while a frustrated Roanoke Commonwealth's Attorney claimed the feds had "cherry picked" the case.

"I truly believe it's because it has sex appeal, it has glamour and it is an easy case to get a conviction on," Don Caldwell said.

But U.S. Attorney John Brownlee said a firearms charge against Ricky Edward Davis, 50, was brought in the federal system at the request of local law enforcement, which Roanoke Police Chief Joe Gaskins confirmed.

"Based on the record of this guy Ricky Davis, a career criminal with a gun, my understanding was that he could get more time in the federal system than the state," Gaskins said.

Davis was arrested shortly after 7 p.m. Wednesday after police drove an armored vehicle over the fence outside his house and called for him to come out.

Davis had been holed up inside 1723 Campbell Ave. S.E. since about 2 p.m., when he allegedly fired at several Vinton police officers, hitting Sgt. Ben Cook in the foot.

Cook, along with Roanoke police, were providing backup for two Vinton officers who had stopped to question Davis about a burglary, according to an affidavit supporting the criminal complaint.

The suspect then put the barrel of the handgun in his mouth and backed inside the house, records show. Throughout the standoff, police said they thought two other people were also inside the house. Three gunshots were heard from within the house at different times during the five-hour ordeal, the affidavit states, but no hostages were inside.

A federal criminal complaint charges Davis under the Armed Career Criminal Act with possession of a firearm by a three-time convicted violent felon. The charge carries a mandatory minimum of 15 years in prison and a maximum of life.

According to the affidavit, "Davis admitted to possessing a handgun" and has prior convictions for robbery, malicious wounding and felonious assault, among other things. He is also a registered sex offender and, according to the affidavit, is an intravenous user of oxycodone.

The U.S. Attorney's Office declined to say why Davis received no more than the one charge, but spokeswoman Heidi Coy said it is not uncommon for additional charges to be placed later by indictment.

University of Virginia law professor Toby Heytens said federal authorities likely chose to handle the case this way because the charge carries serious prison time. And in this case, Heytens added, the suspect "has basically admitted everything you would need to prove this offense."

Caldwell said the state system does not have a parallel statute for a career criminal. Possession of a firearm by a convicted felon would carry a mandatory minimum of five years in Roanoke Circuit Court, but "then you get into what other charges would be appropriate under the circumstances," Caldwell said.

He said he could not discuss potential charges and penalties for Davis in the state system because he was not consulted on the case. But he described himself as a "states rights person" and said he believes states should handle their own prosecutions unless evidence exists that the crime crossed state lines.

Caldwell could still file state charges against Davis while federal authorities pursue their case.

"I think you could get into that kind of -- pardon my French -- pissing contest," he said, "but I don't have the time to do that. We're busy down here."

Gaskins said he tried, to no avail, to contact Caldwell on Wednesday to discuss prosecution strategy. And Vinton officials agreed it would make sense to take the case federal, Gaskins added.

U.S. Magistrate Judge Michael Urbanski on Thursday agreed to appoint an attorney for Davis. Davis will remain in the Roanoke City Jail at least until a bond hearing is held.

Said Brownlee, "We commend the bravery of Sgt. Cook and the other officers at the scene and will do our best to provide justice in this case."

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