SHOOTING SECOND IN TWO YEARS IN CITY

The shooting Saturday night of a drug suspect is the second time in
21 months that a suspect has been shot by a Lynchburg police officer.

A narcotics investigator shot Eric Mays, 26, in his right shoulder
Saturday after police stopped his Chevrolet Malibu around 8:50 p.m.
at Fourth and Floyd streets, police said.

The investigator could see Mays' hands at first, but Mays quickly
moved his hands down to the floorboard and the investigator fired,
said Lynchburg Police Maj. Michael Spencer.

"This officer had to make a split-second decision," Spencer said Monday.

Police would not identify the investigator who shot Mays.

Spencer said police found what they suspect is cocaine in Mays' car.
No weapon was recovered. The last time an officer shot a suspect was
March 26, 2005, when two investigators fired at 19-year-old Blake
Thomas Robert Roach at the IHOP restaurant on Fort Avenue.

The investigators fired at Roach's Chevrolet Malibu after he struck
one officer with the car and nearly pinned the other officer against
another car.

Spencer said Monday that Lynchburg police officers are trained to
use their best judgment when deciding whether to fire their weapons.

The police department has a written policy outlining when officers
should use guns and other means of deadly force, he said.

The News & Advance requested a copy of the police department's
policy, but Spencer declined to release it Monday, saying he would
treat the query as a Freedom of Information Act request and forward
it to City Attorney Walter Erwin.

Spencer said a copy of the policy could be available to the newspaper today.

In 1985, the U.S. Supreme Court ruled "deadly force may not be used
unless it is necessary to prevent the escape and the officer has
probable cause to believe that the suspect poses a significant
threat of death or serious physical injury to the officer or others."

A U.S. Department of Justice handbook available on the Internet,
titled "Police Use of Excessive Force" and last updated in 2002,
cites the decision when describing law enforcement policies on force.

Before the Supreme Court decision, most states had laws that allowed
police to use guns or other means of deadly force when arresting
anyone suspected of committing any felony, the handbook says.

Meanwhile, officials will wait until Mays is released from the
hospital before deciding whether they will bring charges against
him, Spencer said.

A Carilion Roanoke Memorial Hospital spokesman said Monday he
couldn't provide any information about Mays, but Spencer said he was
told Monday morning that Mays was in stable condition.

Lynchburg Circuit Court records show Mays was convicted of
possession of cocaine in 2003. In November, he was classified as a
fugitive after allegedly violating his probation.

Spencer said police had an outstanding warrant for Mays' arrest when
the narcotics officers stopped his car Saturday night.

Spencer said police are internally investigating Saturday night's
shooting. The narcotics investigator who pulled the trigger has been
placed on administrative leave with pay.

The results of the investigation will be sent to Michael Doucette,
Lynchburg's commonwealth's attorney. Doucette will decide what
action to take, Spencer said.

Police were also conducting a drug-related investigation the last
time an officer shot a suspect.

On March 26, 2005, police set up a drug purchase sting at IHOP using
an informant who told them he could buy marijuana from Roach,
according to prosecutors' evidence presented at Roach's court hearings.

As Roach prepared to leave, police surrounded his car and ordered
him out of it.

Roach appeared to reach under his seat, and an officer drew his gun.
Roach put his hands on the steering wheel, and the officer holstered the gun.

Police then tried to break one of the car's windows. Roach shifted
the Malibu into reverse and hit the gas.

The car hit Investigator Matt Marsteller and almost pinned
Investigator Norman Claytor against another car, according to
evidence. Roach shifted into drive and drove off.

Marsteller and Claytor fired at least four shots at the car as
Claytor dove onto a parked car to avoid being struck by Roach's
Chevrolet, according to evidence.

Roach was treated at Lynchburg General Hospital for a gunshot wound
to his bicep.

He was convicted of assault and battery against a police officer and
eluding police. He was sentenced to serve 11 months in jail and
perform 100 hours of community service.

After the shooting at IHOP, police began an internal investigation
to decide whether the officers acted properly. The officers were
placed on limited duty that did not involve contact with the public.

Two months later, police said their investigation cleared the
officers and said Roach was shot because he refused to obey police
and because his reckless driving endangered the officers' lives.

Spencer said at a Sunday morning news conference that Saturday's
shooting came at a "difficult" time for police and the community.

At the request of City Manager Kimball Payne, Virginia State Police
are investigating the Sept. 24 death of Clarence Lightfoot Beard
Jr., who died in Lynchburg police custody.

Two police officers and a James Crossing security guard came to
Beard's James Crossing apartment looking for a fugitive. After a
struggle in which police used pepper spray on Beard, he stopped
breathing and died.

Police say Beard struck the officers with his forearm and fist.
Beard's neighbors and local civil rights activists have disputed the claim.

Lynchburg police are conducting two internal investigations into
Beard's death. One is to decide whether the officers acted properly
and one to decide whether criminal charges are appropriate.

Lynchburg police have said they won't release their findings until
Virginia State Police finish its investigation.

Payne said Monday he does not plan to ask Virginia State Police to
investigate Saturday's shooting.