Newspapers / Daily Tar Heel (Chapel … / Dec. 4, 1989, edition 1 / Page 4
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4The Daily Tar HeelMonday, December 4, 1989 7, V LooEi for The Daily Tar Heel Christmas Gift Guide on flonday, Dec 1 1 2 V Governor opposes prisoner's releas By JENNIFER BLACKWELL Staff Writer The N.C. Parole Commission has come under heavy public criticism for its decision to parole a man convicted of shooting a police officer during a drug raid. John Excell McCombs, convicted in 1 976 of second degree murder and three drug offenses, was sentenced to 60 years in prison. He was released on intensive parole Saturday after serving 13 years of his sentence. "(The commission) feels he's an eligible parole candidate," said Sam Boyd, parole administrator. "He has the ability to become a productive member of society." The governor and lieutenant gover nor disagree with the commission's decision. By law, the governor is not permit ted to intervene in the decisions of the commission, although he does appoint its members. "For that reason, there is nothing I as governor can do to rectify the mistake that I feel was made by the commission in the case of John Excell McCombs except to express my deep embarrassment that a commission appointed by me would reach a deci sion so contrary to what I feel to be in the best interests of the state of North Carolina," Gov. Jim Martin said in a press statement. It is "very rare" for the governor to comment on individual decisions of the commission, said David Prather, dep uty director of communications for the governor's office. "The decision was so deplorable he felt the need to speak out." Martin will recommend to the 1990 General Assembly that criminal stat utes be amended to "see to it that this does not happen again," Martin stated. He will recommend legislation provid ing for full sentences, without parole or probation, for anyone convicted of being a drug dealer, performing a drug re lated murder or performing the murder of a law enforcement officer. The governor has not made any state ment about reappointing the commis sion. "That has not been discussed," Prather said. Lt. Governor Jim Gardner also op poses the decision. "I still strongly believe that serving only 13 years in prison for gunning down a police officer in the line of duty is a disgrace," Gardner stated in a press release. He requested and received a 72-hour i Sale Ends December 8 Mr;: e toe ;." ' wilm XJ JUL. g 05621 Sony 3.5" DSDD Color 1 pack retail price $3.99 SALE PRICE '1.30 3D llV:I.U4ll.'iNMl : ., , "1 --"-, BSD PACKARD 12010 HP-21S retail price $49.95 SALE PRICE 39.95 L O USUI ., A v ; ' ' i- z. "i Knurl I ' - 5 . , ::;" " :' ! ,r. v . 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For this reason, McCombs' crime was not within the guidelines of the Parole Commission for the prisoner to be released on parole at this time, he said. After reviewing the letters and peti tions from hundreds of citizens protest ing the parole of McCombs, the Com mission decided to proceed with the parole. The decision reaffirmed Gardner's belief "that there must be changes in our state laws to prevent this from happening again." McCombs was held at the Charlotte Correctional Center and now works at a management position at the Windows on Trade Restaurant, where he is on a work-release program. When considering whether to parole prisoners who are eligible by law, the Commission takes into consideration all of the known facts surrounding the prisoner such as the motive and cir cumstances of the case, previous rec ord, accomplishments and good behav ior, said Boyd. "Each case is judged on its own merit no two cases are alike." McCombs was convicted of murder ing Larry Bullock, a Durham police officer, while he was attempting to execute a search warrant on McCombs' premises for narcotic drugs. Linwood Bullock, the officer's brother, said he thought the situation was "really pathetic." "My fight is not with John McCombs ... (but) with the system," he said. He spoke with the governor last week when Martin told him that even though he thought the commission was making a mistake, he could not politically inter fere. "I can't believe a person could hire somebody and not have any authority over them," Bullock said, in reference to the Governor's appointment of the commission. When six people have the authority to rule against the wishes of the governor, lieutenant governor and the citizens of North Carolina, "some thing is wrong," he said. He said the best thing to do in a situation like this would be to sue the state, but he declined to say whether he was planning to do so. "The system is going to have to pay," he said. William Spann, the bartender at the restaurant where McCombs works, said he enjoyed working with McCombs. "I think he should be paroled ... he's served enough time for the crime he did," he said. 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