Chatham prisoner shot in escape attempt had blown 'second chance'

The prisoner shot while trying to escape from a transport van Thursday had not completed a “second chance” program at the Chatham Diversion Center and was being sent back to the Tazewell County Jail to finish his sentence, according to prison officials.
David Yates’ participation in the program had been revoked, but prison officials would not say why.
Larry Traylor, spokesman for the Virginia Department of Corrections, said judges can refer nonviolent offenders, such as Yates, to the diversion program, which offers the offenders a chance to earn money by working in the community during the day, pay back their court costs and perform any necessary community service.
When offenders return to the center at night, they participate in various counseling programs and take basic education courses.
If they complete the program successfully, they won’t do any prison time, though there is one year of mandatory probation supervision upon release.
“The judge is giving nonviolent offenders a chance to prove themselves and keep them out of prison,” Traylor said.
Yates, 34, was listed in stable condition Friday after trying to escape at about 4 p.m. Thursday, prison officials said.
Sgt. Fred Bobbitt of the Carroll County Sheriff’s Office said the incident took place on U.S. 58 in the Laurel Fork area of the county, about 10 miles east of Hillsville.
He said one witness called the sheriff’s office to tell them a prisoner was hanging out a window in the van, with a handcuff hanging from his wrist. That witness also told officers she saw the van pull over and the inmate take off across a yard with the guard running after him, Bobbitt said.
Another witness reported seeing the prisoner and guard scuffle by the side of the road before the chase started, he said.
“The guard fired one shot, then another, which hit the inmate,” Bobbitt said.
Yates was taken to Twin County Regional Hospital and airlifted to Roanoke Memorial Hospital, according to a news release from the Carroll County Sheriff’s Office.
Yates was in “good enough shape to be questioned yesterday and to make a statement,” but could not supply any more details about the ongoing investigation, Traylor said Friday.
The name of the guard has not yet been released, but Traylor did say he was on administrative leave, which he said “is standard procedure” when a weapon is fired.
Yates, whose original trip to jail was due to charges of felony failure to stop for an accident, has now also been charged with felony escape and felony property damage to state-owned property.
Contact Denice Thibodeau at dthibodeau@registerbee.com or (434) 791-7985.