Update on Pittsylvania County shooting

A Circuit Court judge has removed the Pittsylvania County Commonwealth Attorney’s Office from the case involving a deputy that was wounded Tuesday night before shooting and killing an inmate in Chatham.

Judge Charles Strauss appointed Campbell County Commonwealth’s Attorney Neil Vener as special prosecutor to the case Wednesday. Strauss’s order came at the request of Pittsylvania County Commonwealth’s Attorney David Grimes.

The inmate has been identified as convicted sex offender Cody Christopher Nifong, but authorities have not released the deputy’s identity.

A Pittsylvania County Jail inmate killed in a struggle with a deputy Tuesday night was a Danville man who had recently been convicted of sexually assaulting a 13-year-old girl.

Cody Christopher Nifong, 24, was to have been sentenced Jan. 8 after undergoing a mental evaluation.

On Tuesday night, a Pittsylvania deputy was taking Nifong back to the jail after a medical appointment when the two began struggling in the deputy’s cruiser, authorities said.

The deputy, who has not been identified, was shot and wounded. Nifong was fatally shot, according to state police, who still are investigating the altercation.

The deputy was released from Danville Regional Medical Center after being treated for injuries that were not life-threatening.

Nifong, whose 25th birthday would have been Sunday, pleaded no contest in Pittsylvania Circuit Court on Nov. 25 to charges of object sexual penetration and taking indecent liberties. He was convicted on both counts.

The charges stem from May 27, when Nifong assaulted an acquaintance at a pond.

At the November court hearing, a judge ordered Nifong to undergo a mental evaluation before his Jan. 8 sentencing. It was unclear Wednesday whether that evaluation was the purpose of Nifong’s medical appointment Tuesday.

The Sheriff’s Office referred all questions to the state police. Officials there referred the questions to the Pittsylvania commonwealth’s attorney, who could not be reached.
Contact Rex Bowman at (540) 344-3612 or .

Law enforcement officials refuse to release the name of the Pittsylvania County sheriff’s deputy who was shot and wounded Tuesday night in Chatham while transporting an inmate.

The deputy received minor injuries after he was shot at about 7 p.m. Tuesday near the intersection of North Main Street and Military Drive.

The inmate, who the Virginia State Police identified Wednesday as Cody Christopher Nifong, was shot and killed by the deputy, state police said.

The deputy was transporting Nifong back to the Pittsylvania County Jail after a medical appointment when a struggle ensued, State Police Sgt. Robert Carpentieri said in a news release. 

Taylor said he asked the Virginia State Police Bureau of Criminal Investigation to conduct an independent investigation. The sheriff would not provide further details and referred questions to the state police.

Carpentieri declined to reveal the deputy’s identity when contacted Wednesday and referred questions to the Pittsylvania County Commonwealth’s Attorney’s Office.

Lt. Timothy Lyon, with the state bureau of investigation, declined to release details about the incident.

According to section 2.2-3706 of the Freedom of Information Act, authorities are supposed to provide “Criminal incident information,” meaning “a general description of the criminal activity reported, the date and general location the alleged crime was committed, the identity of the investigating officer and a general description of any injuries suffered or property damaged or stolen.” 

FOIA requires that “law-enforcement agencies shall make available upon request criminal incident information relating to felony offenses.

However, where the release of criminal incident information is likely to jeopardize an ongoing investigation or prosecution or the safety of an individual; cause a suspect to flee or evade detection; or result in the destruction of evidence, such information may be withheld until the above-referenced damage is no longer likely to occur from release of the information.”

In response, Lyon said that when the state police are conducting an ongoing investigation, they do not release information. Instead, they will report their findings in this case to the Commonwealth’s Attorney’s Office and let them determine what to release, Lyon said. 

Attempts to reach Commonwealth’s Attorney David Grimes were unsuccessful Wednesday.

A message left at Danville Regional Medical Center to confirm whether the deputy is being treated there was not returned Wednesday.

• Contact John R. Crane at or (434) 791-7987.