12/14/2006

By STEVE HARTSOE  / Associated Press

A sheriff's deputy accused in the fatal shooting of a college student suspected of stealing Playstation 3 sets should be allowed to testify if another grand jury indictment is sought, his attorney said Thursday.

New Hanover County District Attorney Ben David said the investigation into the death of 18-year-old Peyton Strickland will continue. A grand jury indicted former sheriff's Cpl. Christopher Long this week on second-degree murder, but a judge rescinded the charge when the jury foreman said it was a mistake.

"This case is still open," David said at a Thursday news conference. "The investigation is ongoing, and future court action is anticipated."

David wouldn't comment on potential court action because it would "be prejudicial and may damage Mr. Long's right to a fair process."

David's prosecution of Long appeared to be moving forward Monday, when a grand jury was thought to have indicted the 34-year-old with murder. Prosecutors said Long opened fire during a Dec. 1 police raid at Strickland's home after mistaking the sound of a battering ram for gunshots coming from inside the house.

But Tuesday, foreman John K. Hatton told a judge the grand jury actually voted against indicting Long. Hatton said he mistakenly checked the wrong box on the indictment form, an error that led Superior Court Judge Ernest Fullwood to rescind the indictment.

That should have been enough to end the case, said Long's attorney, Michael McGuinness.

"The grand jury spoke," McGuinness said. "The grand jury found that there was not any probable cause that Christopher Long committed any crime."

He added that "there's been no indication that there's any new evidence."

McGuinness said Long cooperated with the investigation and volunteered to testify before the grand jury but wasn't allowed. That should change if the case is again taken to a grand jury, he said, adding that the district attorney or a judge can make that decision.

"Let Chris testify," McGuinness said. "He was there. He was a critical witness."

The North Carolina Fraternal Order of Police, which represents law enforcement officers statewide, said Long deserved to be treated fairly. Long, who worked for the New Hanover sheriff about a decade, was fired last week

"In routine criminal cases against citizens throughout the state, grand jury decisions are not second guessed," the organization said in a statement.

The grand jury that met this week will not sit again, but a new panel will consider cases starting next month.

Ron Wright, a criminal procedure professor at Wake Forest University's law school, said there's nothing to prevent David from bringing the case to the new grand jury after conducting an additional investigation.

"There's no constitutional bar to them going back again," Wright said. "If you're talking about double jeopardy, it doesn't actually attach to the case until a trial jury is seated. It's constitutionally allowed."

Strickland and two friends, Braden Riley and Ryan Mills, were suspected of beating a University of North Carolina at Wilmington student and robbing him of two PlayStation 3s consoles worth more than $600 each. Riley and Mills face charges including armed robbery and assault.

Long was part of a special unit of the sheriff's department called to help UNC Wilmington police serve a warrant at Strickland's house.

According to search warrants, authorities believed the raid would be a high risk because of pictures on the Internet that showed Mills posing with guns. UNC Wilmington police said they had received information Mills was known to carry a weapon.