Linaweaver sentence hearing reset
for August
By Thomas Wilson
STAR STAFF
twilson@starhq.com
A Pennsylvania man convicted last year of voluntary
manslaughter in the shooting death of a Hampton man will spend
a few more months behind bars before finding out how he will
be sentenced.
Judge Lynn Brown reset the sentence hearing of
Loy Dale Linaweaver for Aug. 9 during Criminal Court proceedings
Thursday. A Carter County jury found Linaweaver guilty of
voluntary manslaughter and felony evading arrest in December
in connection with the shooting of Billy Joe Street in August
of 2002. Linaweaver had originally been indicted on a charge
of second-degree murder.
At issue is whether the state can introduce evidence
alleging previous felony convictions incurred by Linaweaver,
43, formerly of Somerset, Pa. Assistant District Attorney
Kenneth Baldwin said court records from Maryland indicated
Linaweaver had three previous felony convictions.
Baldwin said Linaweaver's defense attorney was
seeking to block introduction of the court records citing
the defense's inability to dispute them under a defendant's
constitutional right to confront an accuser. Linaweaver faces
up to 10 years in prison depending on validity of records
alleging any previous felony convictions.
According to police reports, the incident occurred
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. 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. Billy Joe Street later died from the
injuries he sustained.
Linaweaver fled the scene in a light brown van
and was pursued by Carter County Sheriff's Department officers.
He was later apprehended after CCSD K-9 Sgt. Kabor and his
handler CCSD Deputy Sarah Ryan were summoned to assist locating
him.