Judge: Death penalty not unconstitutional in Lynch Station murder case

RUSTBURG — The judge who will preside over the trial of an Altavista man accused of capital murder denied a motion by his lawyers to declare the death penalty unconstitutional Friday.

During the hearing, Deputy Commonwealth’s Attorney Paul McAndrews and defense lawyer Scott De Bruin settled on a plan for taking care of preliminary issues leading up to the trial.

Alphonso Lamont Destin, 21, is charged with capital murder, burglary, robbery and three counts of use of a firearm in commission of a felony.

Alongside codefendant Renauldo Sinclair Oliver, Destin is accused of slaying 69-year-old Wilbur West in his home in Lynch Station on May 23.

According to testimony in previous hearings, investigators believe Destin pushed West down, cracking his skull, before Oliver shot the man in the head.

Aside from the constitutional question, during Friday’s hearing McAndrews argued against having to provide a list of his witnesses well in advance of the trial, which is tentatively scheduled for June 1.

De Bruin said he was concerned about the prosecution presenting a witness at the last minute, which could cause him to ask for a delay for the trial. McAndrews countered that should new evidence come to light before the hearing, he should be able to present that evidence.

“There is no hide-the-ball here,” McAndrews said.

Judge John Cook told McAndrews to produce the list ahead of time, but reassured him that he would not be precluded from calling other witnesses should something come up late in the process.

Cook denied a request from De Bruin that would have forced prosecutors to outline in detail their grounds for seeking the death penalty.

McAndrews said the charge alone, murder in the course of a robbery, was sufficient.

Destin and Oliver are jailed without bond pending their trial.