Grand jury indicts two in second degree murder, drug cases

By Abby Morris

Star Staff
amorris@starhq.com

   A Carter County grand jury on Monday handed down several indictments, including one charging a Pennsylvania man with second degree murder and another charging a local man with a narcotics violation.
   Loy Dale Linaweaver, 42, of Somerset, Pa., has been indicted on charges of second degree murder, felony reckless endangerment, felony evading arrest and unlawful possession of a firearm by a convicted felon. The charges stem from the Aug. 1, 2002 shooting of a Hampton man who later died of the injuries he sustained.
   According to reports, officers responded to a call at Streets Trailer Park, off of Rittertown Road, around 9 p.m. on Aug. 1, 2002, where Linaweaver allegedly got into a verbal altercation with Randall Street and threatened him. Linaweaver then reportedly fired a shot at Street with a handgun. At that time, Street jumped off the porch and tried to take cover. His father, Billy Joe Street, stepped onto the porch and was shot in the abdomen.
   Linaweaver then allegedly fled the scene in a light brown van and was pursued by Carter County Sheriff's Department officers. The van eventually stopped, and Linaweaver ran away on foot, while a passenger in the van who had been shot in the arm, Carl Irick, stepped out of the vehicle.
   The search to find Linaweaver after he fled on foot lasted more than an hour, and a K-9 unit had to be called in to help locate him.
   Linaweaver was originally charged with attempted second degree murder, but the charges were upgraded on Sept. 9, 2002 after Billy Joe Street passed away at the Johnson City Medical Center on Sept. 7 as a result of the injuries he sustained in the shooting.
   Also indicted by the grand jury on Monday was 18-year-old Dustin James Lyons, who was charged with possession of Schedule VI narcotics, marijuana, for the purpose of resale.
   The charges against Lyons stem from a call that Elizabethton Police Department PTL Joey Proffitt and Investigator Jason McCall responded to involving two male subjects reported to be passed out in a vehicle while sitting at the traffic light at West Elk Avenue and Bemberg Road in the early morning hours on July 28, 2002. According to reports, Lyons was a passenger in the vehicle at the time, which was reportedly running and not in park as it sat in the roadway.
   At that time, the driver of the vehicle was asked why he was sleeping at the wheel, to which he responded he was tired. The driver admitted to having been drinking that morning and was later charged with DUI after submitting to a blood test at Sycamore Shoals Hospital, according to police reports.
   The investigating officers detected an odor of an alcoholic beverage in the car and, at that time, asked Lyons to exit the vehicle. Lyons was placed into custody and charged with underage consumption.
   During a search of Lyons' person, officers reportedly found 92.6 grams of a green leafy substance believed to be marijuana, according to the indictment.