On March 14, 2022, members of the Covington Police Department and the
Alleghany County Sheriff’s Office were confronted with an armed gunman at Covington
Farm and Fuel located at 121 North Alleghany Avenue, Covington, Virginia. Toney
Stuart Poulston, Jr. shot and killed his stepfather Randal Lee Paxton and Officer Caleb
Daniel Ogilvie before being shot by responding law enforcement officers. The Virginia
State Police Bureau of Criminal Investigation conducted a comprehensive and
independent investigation into the facts and circumstances surrounding this officer-
involved shooting. In my capacity as Commonwealth’s Attorney, I personally went to
Covington Farm and Fuel minutes after the incident to view the evidence and interact
with investigators as they processed the scene. In the days that followed, I met with a
team of investigators for a debriefing at Virginia State Police Headquarters in Salem.
Finally, a complete investigative file was provided for my review which included store
video, body camera video, diagrams, photographs, witness interviews, 911 calls, radio
traffic and forensic reports. Independent scientific examinations were conducted by the
Office of the Chief Medical Examiner and the Virginia Department of Forensic Science
in Roanoke. After taking the necessary time to complete thorough examinations, those
experts provided autopsy reports and certificates of analysis needed to make factual
determinations. Once forensic reports were received, I consulted with scientific experts
to discuss the findings contained therein.
As the elected Commonwealth’s Attorney for Alleghany County and the City of
Covington, it is my responsibility to fairly and impartially assess the officers’ conduct
in this case to determine whether the shooting of Toney Poulston, Jr. was justified under
Virginia law. The sole purpose of this report is to determine whether or not the officers’
Page 1 of 11conduct was legally justified. This opinion does not address any civil remedies that may
be available.
The evidence in this case clearly and unequivocally establishes that Toney
Poulston, Jr. had already shot and killed two people, including a police officer, before
he burst out the door of Covington Farm and Fuel leveling a gun toward officers and
civilians in the parking lot. After Poulston fired a shot in their direction, two (2)
Covington Police Officers and four (4) Alleghany County Sheriff’s Deputies shot
Poulston fearing for their own safety as well as for the safety of the public.
At the time officers fired, Poulston was under the influence of methamphetamine,
homicidal, armed and attempting to escape, thereby, presenting an imminent threat of
death or serious bodily harm to anyone in his path. When faced with this very real
danger, these six (6) law enforcement officers responded appropriately, according to
their training, when they employed deadly force against Poulston in order to protect
themselves and the citizens around them. Under the circumstances in this case, the law
overwhelmingly supports the conclusion that these officers were entitled to use deadly
force when they reasonably perceived an imminent threat of death or serious bodily
injury to themselves or others. Criminal charges against these officers are not
appropriate. This report sets forth the basis for these conclusions.
This page is available to subscribers. Click here to sign in or get access.