Charge against teen withdrawn in slaying

By Reed Williams

Published: December 24, 2008

Richmond prosecutors yesterday withdrew a charge against a teenager who strangled his abusive father, saying the teen acted in self-defense and didn't mean to kill him.

"It's a tragedy, but the son had no other alternative under the circumstances," said Learned Barry, a deputy commonwealth's attorney.

The involuntary-manslaughter charge was withdrawn against Robert C. Demello Jr. yesterday in Richmond Juvenile and Domestic Relations District Court.

Demello was 17 at the time of the Dec. 2 incident that led to the death of his father, Robert C. Demello Sr., 44.

The father was drunk that evening when he came into their home in the 2300 block of Second Avenue in Highland Park.

He started yelling at his son and punching him, Barry said. The son subdued him once, but his father continued to attack him. So the teen grabbed his father from behind in a choke hold, and he passed out. The teen told his girlfriend and sister to call 911.

Officers were summoned to the house shortly before 10 p.m. and found the father unconscious. He was pronounced dead an hour later at VCU Medical Center.

Barry said the case is a justifiable homicide.

"The kid had no intention to kill his father," Barry said. "He was just trying to get him under control."

The father had established a pattern of abusing his son and daughter, Barry said. He also had a criminal record that included multiple convictions of assault and DUI.

The junior Demello's mother was in jail at the time the father was killed, Barry said. Robert Demello Jr. and his sister are staying with family members.
Contact Reed Williams at (804) 649-6332 or .