Published: August 29, 2006 11:19 pm      

POLICE OFFICER KILLED

A city police officer is dead, and two Beckley men are in jail charged with his murder following an early Tuesday morning shooting during an undercover drug buy.

Beckley Police Detective Cpl. Charles “Chuck” Smith, 29, received three or four gunshot wounds to his torso and was pronounced dead at Raleigh General Hospital, State Police Capt. Scott Van Meter said.

Thomas Leftwich, 24, of South Fayette Street, and Michael Martin, 41, of Sour Street, were charged with first-degree murder and arraigned late Tuesday morning before Raleigh County Magistrate John Tanner.

Smith became the first Beckley police officer to die in the line of duty since David Lilly was shot and killed by Ronald Williams in May 1975.

In a statement he made to police, Leftwich said he shot Smith with a .357 revolver during a crack cocaine deal arranged by Martin near Club Attraction on South Fayette Street about 4:30 a.m. He said he shot Smith, then ran from the scene.

Smith, who grew up in the Sophia area and had a 2-year-old daughter, was a five-and-a-half-year veteran of the Beckley Police Department. He had spent roughly half of that time with the department’s drug unit.

According to the criminal complaint, Smith was working undercover when he arranged with Martin to buy crack cocaine. Martin called Leftwich to set up the deal, then told Smith they were to meet near the old Tink House, which is now Club Attraction, on South Fayette Street.

From there, Martin rode with Smith to the corner of South Fayette and Willow Lane, where the two got out of the car and spoke with Leftwich. When Leftwich asked who had the money to pay him, Martin told him Smith did, according to the complaint written by Senior Trooper R.A. Daniel.

Martin told police in his statement that he then saw Leftwich “reach something” to Smith, at which time Smith showed Leftwich his police badge. That’s when Martin ran, and as he did, he heard three gunshots, according to the complaint.

Van Meter said another city police officer was in the area at the time of the shooting, but he declined to release the officer’s name while the investigation is ongoing. He also explained that undercover drug buys happen at all hours and that undercover officers often do not wear bullet-proof vests because doing so could blow their cover. He said he did not believe Smith was wearing a vest.

Investigating officers from the State Police and Raleigh County Sheriff’s Department interviewed several people and, after questioning them, released all but Martin and Leftwich, Van Meter said.

State Police arrested Leftwich at his parents’ home nearby, and Raleigh County sheriff’s deputies apprehended Martin at another Beckley residence.

State Police, the Raleigh County Sheriff's Department and the FBI are involved in the investigation.

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Though he allegedly arranged the meeting of Smith and Leftwich, Martin seemed surprised to be charged with murder and adamantly declared his innocence in magistrate court.

“I did not shoot anybody,” Martin said at his arraignment. “I did not have a gun. I just heard a gun, and I ran. ... I ain’t never owned a gun. I never had a gun. And I’m being charged with shooting somebody?”

Martin, who appeared agitated and angry, addressed his comments not only to Tanner, but to media present in the courtroom. He asked photographers why they were taking pictures of him when he had committed no crime.

“I ain’t done nothin’ to nobody. ... I ain’t never fought a police officer, let alone killed one. ... I respect the law,” he said, before he was reminded that he would have his day in court.

Leftwich, on the other hand, sat quietly in a Marvel Comics T-shirt as Tanner informed him of the charge against him.

Both men indicated they had no source of income and applied to receive court-appointed counsel.

Bond cannot be set at the magistrate court level in a murder case. That matter is likely to be heard in the near future by a Raleigh County Circuit Court judge. Leftwich and Martin were taken to Southern Regional Jail following their arraignments. They are entitled to preliminary hearings before a magistrate within 10 days.

Van Meter said it is not only a state crime, but also a federal crime to murder a law enforcement officer during the commission of a felony. It was not clear Tuesday evening if federal charges would be filed.

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Gov. Joe Manchin, who was in Huntington to announce the results of a 20-month drug enforcement effort, called Tuesday’s shooting “tragic.”

“As we were painfully reminded today, our progress in confronting our drug problem in West Virginia does not come without a tremendous sacrifice on the part of our dedicated law enforcement personnel, who every day put themselves in harm’s way to keep our communities safe,” Manchin said in a prepared statement.

Beckley Mayor Emmett Pugh echoed Manchin’s sentiment, calling Smith “a dedicated officer” and “a great resource to our citizens.”

“I, hopefully, would ask that our citizens pay him the respect that he deserves for carrying out what his duties were,” Pugh said. “And I would ask that we pray for Chuck’s family, that they get through this. ... We realize what a scourge drugs are in the city, and not just here, but everywhere. It doesn’t matter where you live, it affects you.”

Pugh said his sympathy extends not only to the Smith family but to the men and women of the Beckley Police Department.

“They have just lost a close friend,” he said. “On behalf of the city, we will do everything we can to make sure that everybody gets through this together.”

— E-mail: bnaudrey@register-herald.com