Allen Malicious Wounding Case Goes To Grand Jury
|
|
Covington, VA (June 14, 2018) - In Virginia, after a preliminary hearing is held, the General District Court judge (in this particular case Judge Gregory Mooney) can decide that there is or is not sufficient evidence to send the case to the applicable Grand Jury.
Such was the case today in Alleghany County General District Court when the case of Intell Allen, charged with malicious wounding, the use of a firearm in the commission of a malicious wounding and the possession of a firearm after having been convicted of a felony, was sent to the Grand Jury.
Locally known as the Penny's Diner Shooting Case, Allen and a female got into a verbal disagreement with Ryan Hall and his girlfriend while inside the restaurant early in the morning on May 6, 2018. The trash talk included some sexual references and statements from Allen to the effect that if the women involved wouldn't fight, Allen and Hall would.
Testimony from various witnesses included the fact that later, all four exited the restaurant, Allen and his friend from the rear and Hall and his girlfriend from the main entrance.
According to Penny's Diner employee Sherman Spangler, soon after that exiting, he heard a gunshot and saw the flash of the weapon after an altercation involving Hall and Allen. Also present outside the diner was one Adrian Johnson, who, by all accounts, allegedly had not been involved in the matter.
However, Johnson did receive a gunshot wound, later described as coming from a .357 magnum to his lower left knee area. Surgery has repaired the damage. The bullet exited his leg and made a hole in a wooden fence near the restaurant's dumpster.
Johnson then came into the restaurant and according to Spangler, "...there was blood everywhere." Johnson was taken to LewisGale Alleghany Regional Hospital and was later transferred to Roanoke for surgery.
According to testimony, Allen told Investigator Sgt. Scott Fischer that he had a .380 pistol, but then had traded that weapon for the .357 magnum. The gun was recovered from a weedy area near a dead end portion of a Midland Trail address.
Attorney David Davis represented Allen and Commonwealth's Attorney Ed Stein represented the commonwealth in the matter.
The judge denied bond for Allen, despite the fact that evidence was produced that he had a place to live and had acquired a job since his bond hearing earlier in May.
No trial date has been set as of this time.
Allen was also convicted of creating about $89 in property damage to a door at the Dolly Ann Apartsments in December of 2017. He was told to make restitution and given a 40 day sentence by the judge.
* * * * *
Editor's note: in our initial story on this case, we used the term "accidential shooting", which could have been misunderstood. Testimony today from one witness indicated that Allen had a weapon near his waist at one point. No testimony was presented that Johnson was Allen's target. So, although the shooting incident was not "accidental," it appears that the wounding of Johnson wasn't intentional - but all the facts of the case have not yet been presented. Preliminary hearings are like "mini-trial," with just another evidence put forward so establish probable cause for a case to go to a full trial.
| | | | | |
|
