The federal appeals court in Richmond yesterday rejected an appeal by city Detective David D. Melvin over a judge's refusal to dismiss a wrongful-death lawsuit against the officer. Rosa C. Johnson, the widow of an unarmed suspect Melvin shot, filed suit in May 2004 against Melvin, the city and several police officials. She is represented by lawyers Steven Benjamin and Betty Layne DesPortes. U.S. District Judge Robert E. Payne denied pretrial motions by Melvin and the city for judgment in their favor in the case and scheduled trial to start last July. Last June, Melvin's lawyer, David P. Baugh, appealed Payne's ruling that the case should be tried to the 4th U.S. Circuit Court of Appeals. Baugh could delay trial of the case further if he applies for a rehearing in the 4th Circuit. Baugh said he had not seen the dismissal order and could not comment. Melvin and other police officers went to the South Richmond home of Verlon M. Johnson Sr. the evening of May 17, 2002, to arrest him for robbery. An officer who went inside the house, where Johnson was upstairs brushing his teeth, ordered the shirtless man out the front door with hands up. Outside, Melvin and other officers had their weapons in hand. Witnesses differ, but Melvin said he saw Johnson put his right hand into the pocket of his baggy jeans then, when ordered, begin to withdraw his hand in a way that Melvin thought he was pulling a gun. Melvin fired a single shot into Johnson's chest. Johnson fell onto the porch and died. In a separate criminal case in Richmond Circuit Court, Melvin was tried and acquitted by a jury in February 2004 of second-degree murder. The Johnson lawsuit alleges that the Richmond Police Department's training and policies led to the use of excessive force in the death of Verlon Johnson. [MORE]