Newspapers / The News-Record (Marshall, N.C.) / Aug. 28, 1986, edition 1 / Page 8
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_ Rios Found Although there were no eyewitnesses to the shooting, evidence pieced together by investigators indicated that Trooper Coggins was probably shot by both Bray and Rios. The prosecution produced witnesses who saw Coggins short ly after he reported for duty on the afternoon of Sept. 14, 1985. Several Tennessee men traveling Hwy. 209 testified that they saw Coggins with two men who were driving a white and orange Chevrolet pick-up truck. The truck had been stolen in Arkansas shortly after Bray, Rios and three other men escaped from the Franklin County Jail. Trooper Coggins was shot in the head three times at close range. Two of the shots were fired from a .25 caliber automatic found in Bray's possession at the time of his cap ture on Sept. 17. The third, and probable fatal shot, was fired from Coggins' .357 Magnum service revolver from a distance of two feet. During his Buncombe County trial in May of this year, William Bray testified that he fired two shots at Coggins with the .25 caliber handgun from outside the patrol car. Bray testified that Rios then reached across the trooper's slumped body, took his revolver from its holster and fired the third shot. Following the murder, the two fugitives headed south on Hwy. 209. With Rios behind the wheel, they drove the stolen pick-up truck to a logging road at the foot of Doggett Mt., where they abandoned it and fled on foot. A passing motorist saw the men emerge from the woods as they crossed Hwy. 209. One of the fugitives, later identified as Rios, dropped a gun as the pair fled across the road. Several hours after the shooting, Sheriff E.Y. Ponder and deputy Frank Ogle discovered the abandoned truck. Coggins' murder touched off a massive three-day manhunt throughout western Madison County. Hundreds of lawmen combed the heavily wooded area around Spring Creek. After two days of futile searching with helicopters and bloodhounds, lawmen received important clues when Rachel Gillespie of Spring Creek reported a break-in at her home. A search of the Gillespie home revealed that intruders had broken in the night before, making off with food, blankets and an old rifle. The discarded blankets were recovered near the home and the scope of the manhunt was narrowed to the area near Gillespie's home. SBI agent J.W. Bryant, one of the first to spot Bray and Rios, said he saw Rios drop a gun, later identified as Coggins' service revolver, just moments before the pair were captured. The captured fugitives were taken immediately to a command post established at the Spring Creek fire house and were later transported to the county jail in Marshall, where they were held until they went to trial. The trials of both Bray and Rios were ordered moved out of Madison County, although for different reasons. Repairs to the Madison County Court House forced officials to hold Bray's trial in Buncombe County last May. Bray was covicted of first degree murder, firing into an occupied vehicle, armed rob bery and breaking, entering and larceny. He received a life sentence for the murder conviction and an additional 93 years for the remaining convictions. Superior Court Judge Donald Stephens of Raleigh ordered the 23-year old Florida native to serve the sentences con secutively. Bray will not be eligible for parole until 2029. Rios' trial was ordered moved to Henderson County by Superior Court Judge Mary Pope following a June hearing in Marshall. Defense attornies convinced Judge Pope that their client would be unable to obtain a fair trial in Madison County. Bray, Rios and three other men escaped from the Franklin County, Ark. jail on Aug. 26 after Bray hit a jailer over the head with a piece of pipe. Bray and Rios stole the white and orange Chevrolet pick-up truck the following day in Ozark, Ark. and made their way to the Asheville area, where they stayed for several weeks with a Biltmore pet shop owner. At the time of his escape, Rios was in jail awaiting trial on misdemeanor larceny charges. Rios also has a prior record which includes convictions on felony drug and larceny convic tions. Testimony at both trials indicated that Bray stole cash from the pet store sometime during the first week of September. When the owner, Todd Snead, reported the theft, Asheville police briefly questioned Bray and Rios. No charges were fil ed, however, when Rios returned the stolen cash to Snead. The fugitive pair left the Unaka Ave. home the following day. Karen Haggar of Asheville testified that she met both Rios and Bray at an Asheville nightclub four days before the shooting. Haggar said the men stayed at her Leicester home the night they met. She also told the court that Rios showed her a gun while they were talking in a parking lot. The two Madison C chin > for On the final day of the trial, the jurors heard sentencing. ' 'This is a case crying out for the death penalty, the maximum punishment that the law will allow." Defense attorney Forrest Ball countered Rusher's argu ment, telling the jurors, "There is never justification for the death penalty. There is something about Jimmy Rios that cries out 'Save this man's life'. ..Everyone would like to bring Bobby Lee Coggins back to life, but Jimmy Rios' death won't do it." Following the closing arguments in the sentencing phase, Judge Pope ordered the jury sequestered. The judge spent much of the afternoon in her chambers with attornies for the defense and prosecution. When she emerged from chambers at 5 p.m., Judge Pope acknowledged that the trial had been delayed, but declined to comment on the reasons for the delay. Further, she cautioned reporters covering the trial to refrain from speculating as to the cause for the delay, warning that failure to obey her order would result in contempt of court citations. After issuing her warning to the media, Pope instructed the jurors concerning their sentencing deliberation. She excused the two alternate jurors shortly after the jury went into deliberation. At 7:45 p.m., Pope ordered the jurors back to the courtroom to report on their progress. Jury foreman Maude Hedricks told the court that the jury had reached a conclusion, but had not completed an official form noting their decision. The jurors returned to the jury room for several minutes to com plete the paperwork. When they returned at 7:55 p.m., Hen dricks informed the court that he jury of seven man and five women recommended that Rios receive a life sentence. Judge Pope then recessed court for a one-hour dinner break. Upon returning, Pope dictated a number of orders before com pleting sentencing. After reviewing files relating to the lesser charges, Judge Pope pronounced sentence. She began by ordering Rios con fined to the North Carolina Dept. of Corrections "for the re mainder of your natural life." She continued by sentencing Rios to 40 years in prison for his conviction on charges of arned robbery, the maximum allowable term. She ordered Rios to begin serving the 40-year sentence at the conclusion of his life sentence. Pope then went on to sentence Rios to an additional 10 years for his conviction on felony breaking, entering and larceny and 10 more years for a conviction on felony larceny charges. Both sentences were also the maximum allowed. Rios then addressed the court for the second time during his trial. In a voice barely audible to spectators, Rios asked Judge Pope to allow him to visit with family members before his transfer to Central Prison in Raleigh. After conferring with Henderson County Sheriff Albert Jackson, Judge Pope ap proved a family visit. She then ordered Rios taken into custody. Members of both Trooper Coggins' and Rios* family attend ed the trial. Coggins' family had attended the trial every day since its beginning and departed only after learning that Rios would receive a life sentence. Rios' wife, Cherry, was accompanied by his brother, sisters and mother as they departed the courtroom Friday night. As a steady rain fell on Hendersonville's Main Street, the family members huddled on the courthouse steps comforting each other. Name Brand Phones Installation Excellent Repair Service Reconditioned Phones Available IDOL COMMUNICATIONS ? 20 NORTH MAIN STREET CT WEAVERVILLE, NC 20787 ^ 658-2115 1 The \rws Krroirt is available in Wriivcrvillr at Bi-l.o in (hr Bi-I.o Shoping I'laza. Boarding and Grooming For Your Pets ? Reasonable Rates Morrison's Animal Clinic 833 W. Main St. Burntvilla, N.C. 1 3 Years Experience, All Types <rf Vet Supplies tor Hts and Farm Animals
The News-Record (Marshall, N.C.)
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Aug. 28, 1986, edition 1
8
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