OFFICER SUES DEAD MAN'S ESTATE

Roanoke Police Officer Injured During November 2000 Car Chase Seeks
$200,000 Officer Sues Dead Man's Estate

Richard Barton, 24, was killed at the end of a long police chase when
he crashed his car into a police cruiser in Roanoke.

It was hard enough burying Richard Barton, members of his family
say.

Now they face the prospects of a lawsuit and allegations that both the
family and police say are not true.

Barton, 24, killed at the end of a long police chase when he crashed
his car into a police cruiser in Roanoke, left practically nothing
behind, they said. Still, nearly two years after his death, an officer
involved in the crash sued Barton's estate July 11 for $200,000.

The lawsuit has stirred intense feelings, they said.

"It's like we're burying him all over again," said his father, Mike
Barton.

What stung worse, though, were accusations in the lawsuit that Mike
Barton said are unfounded: According to the lawsuit, Richard Barton
was drunk and driving a stolen vehicle when he crashed into Officer
Kevin Assenat's cruiser.

"Everybody that I've seen has said, 'I didn't know your son was
driving a stolen vehicle,'" Mike Barton said. "And that's the first
time I've ever heard of Richard being drunk."

Police spokeswoman Shelly Alley said investigators determined that the
car was not stolen. Officers gave no indication at the time that
alcohol was a factor, and Alley said that nothing about the
investigation has changed the initial report.

Assenat's attorney, Bettina Altizer, said she got the information from
"basic authorities" but declined to comment further on the source.

She added later: "If that hashes out to be true, then its
true."

The bottom line is that Barton was leading police on a chase,
disobeying the traffic laws and disregard ing his responsibility to be
a safe driver, Altizer said.

Assenat was treated at a hospital and released shortly after the
collision. But he has had continuing treatment for shoulder injuries,
Altizer said, calling the incident a tragedy for all involved.

Police have said Barton's car sped away when an officer tried to pull
him over on Hershberger Road in November 2000. The officer turned on
his cruiser's blue lights when he discovered that Barton's expired
license did not match the Acura Integra that he was driving. That
began a chase that covered four miles and topped speeds of 80 mph.

It ended in the 2500 block of Melrose Avenue when Barton's car struck
the concrete median, went airborne and crashed into Assenat's cruiser,
which was approaching from the opposite direction. Barton died at the
scene, and a passenger, Timothy Hundley, then 29, was seriously injured.

The lawsuit does not include the city or Assenat's insurer, Nationwide
Mutual Insurance Co. But the papers include requests that both be
served with the lawsuit - the city because it is insured for
automobile liability claims, and Nationwide because Assenat is covered
by uninsured motorist coverage.

Assenat's chances of collecting money from Barton's estate are poor
because Barton left nothing behind, his family said. The lawsuit
identifies as a defendant Barton's mother, Robin Barton, whom a judge
appointed administrator of his estate. Barton said she had not
received the lawsuit and had not hired an attorney.

Family members said Barton was well-loved by friends and had turned to
religion after spending 2 1/2 years in a detention and diversion
program for drug convictions.

"He found something good about everybody," said his maternal
grandmother, Ramona Anderson. "I wish I was half the person he was."

The time he spent in jail may have played a role in his final moments,
the family said.

"He told me he'd never go back to jail," Anderson said. "He'd go back
in a body bag."