Family of Delma Towler Speak Out About Caldwell's Decision

Altavista, VA - There is new information into a decision made by Roanoke Commonwealth's Attorney Donald Caldwell regarding the death of 83-year-old Delma Towler.

On Monday, Caldwell ruled that Towler's death was a justifiable homicide.

Sergeant LP Rigney with Altavista Police will not face charges. This is not the first fatal shooting Rigney's been involved with.

In May of 2008, Rigney and another officer shot and killed a Campbell County man.

ABC 13 made numerous attempts to talk with anyone inside the Altavista Police Department, but requests were denied.

"It's not justifiable. I am so hurt and angry," Madeline Clark, Towler's Daughter said. "I'm the only voice that my mother has right now, and she needs justice."

According to findings from the Roanoke Commonwealth's Attorney Donald Caldwell, officials attempted to make contact with Towler for 30 minutes prior to the shooting.

911 tapes reveal the moment of the shooting.

"Hello, hello, this is 911 emergency - hello," can be heard on the tape.

In the end, Officer Rigney, Jr. shot Towler three times after she allegedly pointed a gun in his direction.

"Mama was not standing there holding no gun on an officer outside. That's a liar. And I'll tell Caldwell and I'll tell the Altavista Police Department. That is not true," Towler's son Robert Barbour said.

Altavista Police aren't talking as of this writing.

"They won't' give you an interview. You know why? Cause they're guilty as sin," Barbour claimed.

The Police Department is directing all calls to Town Manager Waverly Coggsdale. He says this is a very sensitive matter and State Police is the main agency doing the investigation.

In a press release, Coggsdale said the family will remain in their thoughts and prayers.

"I was robbed of something very precious," Clark said.

Caldwell says he is very sympathetic to the family, but his decision still stands.

"He just doesn't care. That's just the way I feel," said Clark.

"I spent a great deal of time on this case with special agent Overhault and I met with the family about two weeks ago and advised them about my decision," Caldwell said.

"He can't imagine how I feel. Because he didn't see his mother laying in the backyard with three bullets in her, Clark argued.