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The Daily'Tar Heel Tuesday, February 7, 19893
Stfcydeirolts to file sunt In towing incident chapei hm Poike Roundup
By KATHRYNE TOVO
The developer responsible for
having cars on North Boundary
Street towed in January says he had
posted signs warning people not to
park there, but a Student Legal
Services attorney says he will con
tinue to pursue legal action against
David Crescenzo of Student Legal
Services said he is drafting a lawsuit
to be filed in district court against
Gerry Barrett, owner of the Little
Creek Company. Crescenzo is repre
senting 13 students whose cars were
Crescenzo said the lawsuit will
charge Barrett with wrongful inter
ference with private property.
Legally, a no parking area must
be designated with a sign, Crescenzo
said. Otherwise, it is all right to park
there unless some other factor, such
as a fire hydrant, would make parking
illegal, he said.
Two weeks ago, Barrett authorized
the towing of about 20 cars from
North Boundary Street, which is part
of the North Street Development.
Barrett said he placed signs on the
Government officials plan' for possible
By CRYSTAL BERNSTEIN
'.Staff Writer '
Sen. Terry Sanford, D-N.C, met
Wednesday with Haywood County
leaders to consider proposals
designed to help Champion paper
mill workers and the county's econ
omy if the plant is forced to shut down
or phase out part of its operations.
: He is looking for ways to have
workers at Champion reintegrated
into the economy if their employment
at the mill is terminated, said Anna
Driver, an aide to Sanford.
The senator is also investigating the
possibility of providing federal assist
ance for the area if the mill shuts
Maim faces charges
of robbery, assault
By LARRY STONE
An Asheboro man was arrested
Thursday and faces several
charges in connection with last
week's robbery at the University
Mall branch of First Union and
a January incident at North
Carolina Memorial Hospital.
Michael Lee Matthews was
placed under $200,000 secured
bond after being charged with two
counts of common law robbery
and one count of assault on a
female, according to police
reports. Matthews may also face
federal charges related to the bank
Capt. Ralph Pendergraph of the
Chapel Hill Police Department
said bank robberies are a federal
offense and are not covered by
state statutes. But Matthews still
faces the charges levied by the
Chapel Hill police.
"I imagine he is still in FBI
custody, since they are investigat
ing," Pendergraph said. "The
federal bank robbery charge is the
"The state statute is for just
taking property but doesn't spe
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Royal Park 1
. t. i mm
road in December because people
were parking their cars along the,
road. The first two signs were ripped
up, and the other two disappeared
the next day, he said.
"My liability is extensive down
there, and I felt I'd given sufficient
notice," he said. "I have put up four
signs, and I figured I'd reached my
The signs were made of hard
plastic, Barrett said, and although he
did not remember exactly what was
on the signs, he did say they had "No
Parking" written on them.
The signs were placed in'a clearly
visible spot on the side of the road.
"So visible, someone tore them up
and stole them," he said.
The night before the cars . were
towed, a sign was in place and no
cars were parked along the road, he
Crescenzo said none of the students
he has spoken, with have ever seen
a sign prohibiting parking along that
part of the road. "I don't doubt he
put them up, but the students did not
Barrett could have written a warn
down, she said. This assistance could
include retraining the workers at the
mill and providing economic devel
opment funds to help the county's
Employing 2,300 people, the
Champion paper mill is one of the
largest industries in western North
The mill may be shut down because
pollutants entering the Pigeon River,
which flows past the plant into
Tennessee, discolor the water beyond
acceptable Tennessee state standards.
A proposal submitted to the Tennes
see Committee of Health and Envir
onment to create a variance proce-
cifically say banks," he said. "The
federal law covers banks and
savings and loans as a violation
of their safety."
In addition to the robbery,
Pendergraph said Matthews has
been linked to the Jan. 6 assault
at the Grapevine Cafe, which is
located in NCMH.
. "The description was the same,
the eyewitness folks did an iden
tification from a lineup and other
information was tied in," he said.
"Both crimes had good eyewit
nesses, and we knew from the
beginning that they looked
Judging from a conversation he
had with Matthews, Pendergraph
also said it was likely that Mat
thews' crimes were drug-related.
Chapel Hill police planner Jane
Cousins would not say how much
money was taken in the robbery
or whether police recovered the
cash. This was the first bank
robbery in Chapel Hill in more
than four years.
Cousins said Matthews was
found in Carrboro with the help
of an informant's tip. He was
arrested by Carrboro police.
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ing notice on the cars alerting the
students to the fact that their cars
would be towed if they were not
moved, Crescenzo said.
"I appreciate his position, but I do
not understand the urgency of the
situation," he said.
Barrett said: "There were 'no
parking' signs I figured that was
sufficient notice. His (Crescenzo's)
interpretation may not be the same.
I really don't know what he's going
to base his case on."
Barrett said before he authorized
McFarling's Exxon to tow the cars,
he consulted with the Chapel Hill
Police Department about the
Barrett would not relate the specific
content of the discussion, but he said
he felt confident doing what he did
based on the conversation.
"I certainly feel I was justified in
towing," Barrett said.
Capt. Gregg Jarvies, of the Chapel
Hill Police Department, said the
police do not have the authority to
tow cars on private property and
cannot give the authority to tow cars.
"We're caught in the middle of
dure in the case of the Pigeon River
The proposal was denied for two
reasons, said Ken Renner, director of
communications for Tenn. Gov. Ned
McWherter. First, the committee was
not assured that the water discolor
ation problem was only temporary,
a requirement for the enactment of
a variance procedure, he said.
The proposal also did not deal with
the problem of dioxin, a cancer
causing chemical found in the water
of the river, Renner said.
"We want the river cleaned up,"
he said. "We regret greatly any loss
of jobs or relocation that may occur.
Our goal here has not been to have
Duke students demand toglhter security
By KARI BARLOW
and WILLIAM TAGGART
State and National Editor
The recent rapes at Duke Univer
sity have triggered student demands
for positive steps from the adminis
tration to make the campus and
surrounding areas more secure.
A group of students protesting
Thursday presented Duke President
Keith Brodie with demands for better
security measures to prevent other
rapes on campus...; ;, . , ..: .:
A committee of - students and
administrators was formed to specif
ically address the nine demands, said
Bernadette Milner, a student commit
tee member and president of the
university Safe Walks program.
The committee has distributed a
questionnaire to determine high
traffic campus areas for students, she
said. The questionnaire will be used
to focus on additional security
measures, she said Monday in a
The committee will present its
recommendations to Brodie on Wed
nesday, Milner said.
The Student Coalition Against
Rape (SCAR) was founded Thursday
by Duke law student Susan Heil
bronner in an effort to unify all the
groups on campus that have been
(( : .
this," Jarvies said. "It's really just a
matter between Barrett and the
people whose cars were towed."
Student Legal Services intends to
sue for the damages incurred in the
towing of the cars. The towing
charges were between $30 and $45,
but Crescenzo said he was not sure
why the charges varied.
Crescenzo said he expects to
complete the draft of the lawsuit and
send it to Barrett sometime this week.
"I expect to win," he said. "I think
we're right. I feel very strongly that
well persevere and get their money
Barrett said he does not have an
attorney 'representing him in this
matter. "I will wait and see what
allegations are made and see what the
next step will be before I consult an
attorney," he said.
Town Attorney Ralph Karpinos
said it is his opinion that the road
is open and available for use by the
public and the town council could
adopt an ordinance regulating park
ing on the street if it chose.
McFarling's Exxon officials would
not comment on the towing.
any kind of punitive action regarding
It would cost the Champion paper
mill approximately $250 million to
bring the river water to the acceptable
level of discoloration, said Hagen
Thompson, a spokesman for the
southeast regional office of the
Environmental Protection Agency
(EPA) in Atlanta.
"It would be a major undertaking,"
he said. "They'd be, in effect, chang
ing the entire process."
The mill has already spent more
than $100 millipn to bring the 'water
discoloration level down from 100 to
85 color units, Thompson said.
Tennessee requires 50 color units.
"The problem has reached crisis
proportions, and it's time to see
focused action," Heilbronner said.
The administration has been open
to specific proposals, but they didn't
have any to consider, she said. "We
are going to try to fill that gap."
SCAR received funding from the
administration for publicity, Heil
bronner said. The group's goal is to
come up with serious proposals to
make the area safer, she said.
Recommendations in the form of
a negotiable contract, with a list of
specific actions and reasonable time
limits, will be presented Friday at a
meeting with Brodie, Heilbronner
"The contract will make it possible
for the students and the administra
tion to hold each other accountable,"
Milner and Heilbronner agreed
that additional outdoor lighting on
campus is a top priority for their
Some students believe the admin
istration has been slow to respond to
the rape problem on and around
"I think they've been wary to
recognize there's a problem for
whatever reasons for publicity
reasons or to keep up the image of
Duke University," said Duke senior
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' B Police received reports that
several cars parked at University
Mall were vandalized Saturday.
A 1981 Chevrolet Chevette
parked near Village Texaco had
its right side window, front wind
shield and headlights broken.
Damage was estimated at $500.
The left front and back windows
of a 1982 Plymouth Reliant were
broken while the car was parked
near Belk Leggett. The damage
was estimated at $200.
A window was also broken out
of a 1985 Ford van parked near
B Melton Cook, of Pope Air
Force Base in Fayetteville, was
stopped by police Sunday morn
ing after an officer reported
observing him traveling 55 mph in
a 35 mph zone and crossing the
center line four times.
After he stopped the car, an
officer gave Cook a sobriety test
and later charged him with DWI.
B A Chapel Hill man heard
someone knocking on his front
door Saturday, and when he got
up to see who it was, he saw an
The EPA will grant a permit asking
that Champion comply with water
standards within three years, he said.
A draft of the permit might be
prepared within the next 60 days.
The EPA is trying to bring all
involved parties together to develop
an agreement that everyone can live
with and one that can keep the plant
open and clean up the river at the
same time, Thompson said.
Champion will not appeal the
variance decision, said Charles Cur
tis, commercial relations manager of
the mill in Canton. "We're reviewing
our options now," he said.
Gov. Jim Martin is negotiating
with the EPA to see if a variance can
"I think that we need a strong
commitment from the president of the
university that they will make Duke
a safer campus and community,"
Brodie has written letters to all
students and employees encouraging
them to take safety precautions on
campus, said Leonard Pardue, direc
tor of university relations.
"The university has increased
patrols by foot and by car, especially
at night and early morning," said
David Roberson, executive director
of Duke News Service. Duke Public
Safety has teamed, up with the
Durham Police to help the university
implement the increased security, he
Roberson said additional outdoor
lights authorized last semester will
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unknown man in the living room.
The stranger ran out the front
B A car was damaged in munic
ipal parking lot number six Friday
when a tree cutter for the town
reported that a tree had fallen on
the car. Approximately $800 in
damage was reported. A note was
left on the car.
B The weekend saw a rash of
automobile larcenies. Most of the
incidents involved a thief breaking
out a window and stealing a radio,
stereo speakers or some other
object in the car.
D Police investigated a call
Thursday at town parking lot
number five in which a man in a
Volkswagen drove his car into a
parking space and began drying
it. When police arrived, the subject
had left the scene.
a A woman reported that a
suspect took her vehicle from her
Friday and attempted to run over
her, but she refused to press
charges in the incident.
compiled by Larry Stone
be created to keep the plant open,
said Tim Pittman, communications
director for Martin.
Martin has also investigated pun
itive measures to Tepay Tennessee for
not issuing a variance, he said. The
governor is considering limiting the
amount of N.C. watK available for
Tennessee's use and penalizing the
state for "gassing our mountains"
with polluting auto emissions, Pitt
The N.C. Department of Com
merce, in an effort to remedy the
economic loss to the area, has placed
a new industrial recruiter in western
North Carolina to make up for the
loss of Champion, he said.
start arriving this week and will be
installed within the next two months.
Captain Tony Rigsbee of the
Durham Police said female officers
were being used as decoys on campus
to catch the rapist and deter future
attacks. Chances of apprehending the
rapist have decreased since the use
of decoys was made public, he said.
"Since Nov. 8, there have been five
rapes on or near the campus,"
The police have a sketch of one
of the suspects, but it has 'not
produced any substantial 1 leads he
Duke has offered a $25,000 reward
for information leading to the arrest
and conviction of the people respon
sible for the rapes within the last three
months, Roberson said.
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