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Eaton v. Commonwealth9/21/1990 f his constitutional rights. Eaton indicated
that he understood by nodding his head up and down. Watts then asked Eaton if he was "willing to continue to answer questions," to which Eaton indicated "no" by shaking his head. Watts immediately ceased the questioning and left the room.
Three days later, on February 24, 1989, Eaton was released from the hospital and transferred to the Roanoke County jail, where he was incarcerated for the alleged murder of Judy McDonald. Sergeant Jeffrey Dudley of the Salem Police Department and Detective C.R. Hottinger of the Rockingham County sheriff's Department arrived at the jail that afternoon to meet with other officers and a Rockingham County prosecutor. Their discussion centered on unrelated burglary and larceny charges pending against Eaton in Rockingham County, for which counsel had been appointed. The prosecutor informed the officers that those charges had been "nolle prossed" earlier that day. Dudley and Hottinger then entered an interrogation room where Eaton was seated.
The officers advised Eaton of his constitutional rights and he indicated that he understood them. The officers then proceeded to interrogate Eaton and to discuss Judy's burial. Eaton neither admitted nor denied shooting Trooper Hines. When asked whether Judy shot Hines, Eaton stated: "Judy was a good girl. Judy wouldn't hurt anybody." The interrogation eventually ceased when Eaton became confused and asked for "some time to think."
Two days later, on February 26, Eaton sent a message to Dudley requesting that he deliver a photograph of Judy to the jail. After Dudley delivered the photograph and again advised Eaton of his constitutional rights, Eaton began asking about Judy's wounds, indicating that he thought that she was already dead when he shot her. Eaton also said that "Judy was upset... that the trooper was going to arrest her." Additionally, Eaton related details of the murders of Custer and Marston.
Pursuant to a plea agreement dated November 21, 1989, Eaton pleaded guilty in Shenandoah County to the first degree murder of Custer, the capital murder and robbery of Marston, and other related offenses. He was sentenced to three consecutive life terms plus 44 years. Eaton also accepted the provisions of Code § 53.1-151(B1), under which he would be ineligible for parole. He subsequently entered a guilty plea in Rockbridge County to the murder of Judy McDonald.
In the guilt phase of Eaton's trial for the murder of Trooper Hines, Chadwick J. Holley, another inmate of the Roanoke
County jail, testified that Eaton had admitted being the triggerman. Holley, who was in jail on drug charges, testified that Eaton discussed each killing at length. With regard to Trooper Hines, Eaton told Holley that, as the Trooper and Judy were returning to the Ford from the police cruiser, Eaton "shot the cop." Holley then gave a detailed description of Eaton's getaway and the subsequent high-speed chase which resulted in Eaton's capture.
An autopsy performed on the Trooper's body indicated that he was shot twice. One bullet, fired from 9 to 18 inches away, pierced his chest at the right armpit and traveled downward through his heart and lung. The second bullet, fired from 12 to 24 inches away, pierced his neck and traveled through his windpipe. Each wound would have been fatal.
In his defense, Eaton testified that he had told Holley that it was Judy, not he, who shot Trooper Hines. He testified that Judy shot the trooper because she did not want to go to jail. The jury, however, rejected Eaton's
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