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Eaton v. Commonwealth9/21/1990 tanding between the two vehicles, in the headlights of the Trooper's car." Dees saw the trooper "really chewing... out" the man who was standing a few feet in front of him while the woman was standing next to the right rear fender of the Ford. Soon thereafter, Dees again saw the Ford approximately eight miles down the road as it sped past him southbound toward Salem.
Trooper Golleher arrived at the scene at 11:55 p.m. He found Hines' police cruiser with its motor running, the doors closed, and the flashing lights on. As Golleher approached the front of the car, he saw Hines lying dead, face-down, just beyond the bumper, in a pool of blood. Golleher rolled the trooper's body over and saw two bullet holes; one in Hines' neck and another in his chest. Hines' service revolver was still holstered, with the strap secured. Golleher found the registration to Marston's 1981 Ford on the seat of Hines' cruiser and "advised State Police Salem" that Trooper Hines had been killed and that the suspected perpetrator was headed toward Salem in a 1981 Ford. Golleher found a summons in Hines' cruiser citing Judy McDonald for a traffic offense, along with the Ford's registration card, enabling Golleher to
transmit the license number and description of the car. The dispatcher broadcast a lookout for the Ford and its occupants.
Approximately 1:30 a.m., Salem Police Officer Michael E. Green found the Ford in the parking lot of a fast food restaurant in Salem. When Green pulled in behind the Ford, he shone a spotlight into its rear window. Green then got out of his vehicle, drew his revolver, shouted "police," and instructed the two occupants, Eaton and Judy McDonald, to put their hands on their heads. Judy reached for the floor and thereafter Green saw a pistol in Eaton's right hand. Green fired a shot at the car and Eaton put it in gear and drove out of the parking lot. A high-speed chase ensued, in which the cars attained speeds of 100 miles per hour through city streets. Several other officers in their police cruisers joined the pursuit.
The chase ended when Eaton crashed into a street lamp post. As fire and smoke emanated from the Ford, the police officers took up positions surrounding the vehicle. Before the police could take the pair into custody, Eaton shot Judy in the left temple and then fired a shot into his own head. When they were pulled from the wreckage, Judy was dead, and Eaton was alive but unconscious. His hands were wet and bloody. subsequently, Eaton was transported to Roanoke Memorial Hospital where he was treated for a gunshot wound to the head.
The police recovered a .38 caliber handgun from the Ford. According to forensic tests, the handgun was the weapon used to kill Custer, Marston, Hines, and Judy McDonald. Although Eaton had used the gun to shoot Custer, Marston, Judy, and himself, forensic tests for powder residue on his hands were negative. According to a forensic expert, however, prior to testing the residue could have been washed off Eaton's hands by water or blood, both of which were in abundant supply at the scene due to Eaton's injury and the fire department's efforts to douse the burning automobile. Forensic tests performed on Judy's hands demonstrated that she had also handled the weapon. Eight empty shell casings were found in Eaton's pockets. The pistol had been fired at least seven times that day, before the crash. Custer had received three shots, Marston two, and Hines two.
Approximately 7 a.m. on February 21, 1989, shortly after Eaton received treatment for his wounds, Virginia State Police Special Agent George D. Watts approached him in his hospital room. Watts informed Eaton o
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