Newspapers / The News-Record (Marshall, N.C.) / June 18, 1987, edition 1 / Page 1
Part of The News-Record (Marshall, N.C.) / About this page
This page has errors
The date, title, or page description is wrong
This page has harmful content
This page contains sensitive or offensive material
tea '? -jiw 1. t * ' T-W'Vi '?V ' Get /Itray To The Mountains Of Western North Carolina This Summer | J' See Today's Special Supplement hmPRhh svlrF Serving The People Of Our Communiiies Since 1901 . r>> ? "itr- 9 j '"u 'sjfc'f/tif- fi .'?l Vol. 87 No. 2S Thursday, June 18, 1987 ? . DA Dismisses Charges Against Getman Terry Lee Getman Ha* nnllfa .LUf ? ? . nviopnngi poucecoiei By BILL STUDENC Editor District Attorney J. Thomas Rusher has dismissed two assault charges and two communicating threats charges filed last month in the Madison County Magistrate's Of fice igainst Hot Springs Police Chief Terry Lee Getman Those dismissals came after Rusher's review of two unrelated in cidents involving suspects being questioned by Getman in routine in vestigations. Rusher, district attorney for the 24th Judicial District, announced the dismissal of criminal charges against Getman in two separate statements issued in the past week. "I do not feel that society benefits when its law enforcement officers are forced to stand trial in criminal court for actions arising out of their official duties in situations where the conduct has been no more substantial that ex ists here," Rusher said. Getman had been charged in war rants filed May 11 in the magistrate's office with communicating threats against Michael Miller and Randy Riddle, two Madison High School students, and with simple assault against Miller Three days after the filing of those charges, an elderly Hot Springs man wanted for questioning in a purse snatching incident charged that Get man assaulted him by striking him over the head with an "extra large handgun," according to a warrant issued May 14 by county magistrates. James C. Leister required three stitches and had to be given medical treatment following the April 30 inci dent, according to the warrant filed 15 days after the incident. Hot Springs officials said Getman was acting in self-defense when he struck Leister with the butt of a gun. Getman tried to question Leister about a purse snatching earlier in the day when Leister allegedly pulled a gun on him, according to police reports. Getman charged Leister with assault on a law enforcement officer with a deadly weapon, resisting ar rest and larceny. Those charges are expected to go to trial. "In the factual situation here, I feel that a chief of police answering a legitimate call who is confronted by an assailant in a life-threatening manner with the use of a gun has a right to be aggressive and overcome the assault committed upon him," Rusher said in a statement released last Wednesday. "This is a recogniz ed principal in our law." If, during an evidentiary hearing on the case, evidence appears giving basis to countercharges against Get man, then Rusher will reinstate any appropriate charges, he said. In the earlier incident, Miller and Riddle charged that Getman threatened them with physical harm and used profanity during a routine traffic stop in Hot Springs on May 10. Miller also charged that Getman pushed him into a police car. Get man has denied those charges and said that both teen-agers were uncooperative when he arrested Miller on a reckless driving charge for spinning his tires in downtown Hot Springs. Rusher said although GeMnan was, according to his investigation, "highly vocal" when questioning Miller and Riddle, that does not war rant the filing of criminal charges. "It is my opinion after consultation with the attorneys on my staff that even if all the allegations are true as stated, we would not expect to prevail in a criminal trial on these charges," Rusher said in a statement released Monday. -Continued on Page it Madison Graduates Battle Humidity By ANNE KITCHELL SUff Writer It was a hot and muggy night, but that failed to dampen the spirits of 164 graduating seniors from Madison High School last Friday. The 14th annual commencement exercise was held on the fteki at O.E. Roberts Memorial Stadium as hundreds of parents, relatives, friends and faculty packed the bleachers to watch the Class of '87 receive diplomas. On lookers joined the members of the graduating class as they reflected over the past four years and dreamed of the challenge of their futures. Senior class president Brian Grindstaff reminded his fellow class members that they can not live in the past because they are afraid of the future. Grindstaff compared the feel ings each class member had when they entered high school four years ago to the uncertainty they -Continued on Page 9 SCOTT LUNSFORD PHOTO Class president Brlaa Grinds taff, above, addresses Mad ison graduates. Below, the seniors file into the stadium . ANNE KITCHEL1 PHOTO Lake Louise Project Delayed Two Months By ANNE KITTHELL Louise in Weaverville - all you'll catch is some curious looks from The Lake Ixuiise project, originally scheduled (or completion in time Foi the town'- Jul) 4th festivities, hai for (wo months, acoor ! ding to town official Tt eel iesij ed io clean uj lake and provide recreational op jJetion t ^ HP, W requested additional funding for culverting around the lake. The town ha. yet to receive word on that (tin ding request. ? The town wants to ako extend water tinea around the lake under the n 1 1 trail Cur: . Utetowi ? About 900 fart Of old! the east side of the lake must be Welch May Win New Trial On Coed Assault Charges By BILL STUDENC \v Editor A Cherokee man convicted of the 1962 kidnapping and attempted rape of a Mars Hill College student may win a new trial, if the U.S. Appeals Court upholds a District Court judge's order Judge David Sentelle earlier this month set aside the conviction of Issac Welch, 37, on the grounds that one of the jurore in the March 1983 trial may not have been impartial. Sentelle ordared that Welch, con vldtctf of second-degree kidnapping and attempted rape, either be releas ed from prison or be given a new trial. Welch received a 12-year prison sentence. The N.C. Attorney General's Office has appealed Sentelle's ruling to the Fourth U.S. Circuit Court of Appeals in Richmond, Va. SenteUe ruled that Welch did not have an impartial jury in his Madison County Superior Court trial because one of the jurors was a half brother of the man who was dating the victim at the time of the attack. In addition, SenteUe found that the same juror's father was a part-time deputy with the Madison County Sheriff's Department, which handled the investigation leading to Welch's turreat:-" "T 'f '? " ' That juror's relationship with two participants in the trial may have prevented him from being impartial is the deliberations, SenteUe rilled. The N.C. Attorney General's Office does not agree, and last week filed notice of appeal. "We feel that the relationships in volved are not close enough, in as far as the juror's relationship to the vic tim's boyfriend, to make that juror an unimpartial juror," said David League, special deputy in the At torney General's Office. "We also feel that what his (the juror) father had to do with the case was too casual to affect his Impar tiality," League said. The father of the juror in question servted as a part-time deputy who escorted court participants, but did not participate in the investigation of Welch, League said. -Continued on Page II Water Rates Increase 27 %, Taxes Stable In Weaverville From Staff Reports Weaverville residents will see their monthly water bills increase but their tax bills stay the same in the coming fiscal year. The Weaverville Board of Aldermen has officially adopted a new $1,075,819 budget for the 1987-1968 fiscal year - with no increase in the municipal tax rate. The board also approved a 27 per cent increase in the municipal water rate - a hike designed to make Weaverville's water system self sufficient and to allow town officials to set money aside for the construc tion of a new water system in the future. That rate increase should translate to an extra *1 .50 on the average water customer's monthly bill, said Weaverville Town Manager Charles The Wtaverville Board of Aldermen, at Monday's meeting, ap- ? proved the 1967-88 fiscal year budget and authorized the increase in water rates. The increase in water rates is necessary so the town can begin to set aside money for a new water system, Home said. Weaverville officials have been studying several options - including use of the Ivy or French Broad rivers and a contract with the Asheville-Buncombe Water Authority - to solve the town's longstanding water supply problems. "In every study we have done, our rates would increase,'' Home saki. "No matter what we do, we've got to make the water svstem pay for itself." 11k water increase approved by the board should enable the municipal system to become self sufficient, and give officials a $20,000 surplus a year tar the future tm provements, Home said. About IS percent of the increase was necessary to make the town's system pay for itself, he said. The new budget is $375,500 more than the 1986-87 budget, when town of ficials set the budget at $700,310. Horne attributed that increase to the fact that the town brought in more revenue than expected last year. In fact, the town has $115,000 left over from the current fiscal year that will go into the 1987-88 budget. "There were several areas where we saw Increased revenue where we didn't expect," Home said. Horne also said that the town ob tained funding from a state water grant they did not know about when drawing up the 1988-87 budget. Tfc# new budget calls for $flg?08 in capital improvements, an inarewo of more than $300,000 over laot year's -Continued on Page 9 Mars Hill 1st Town To Endorse Proposal
The News-Record (Marshall, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
June 18, 1987, edition 1
1
Click "Submit" to request a review of this page. NCDHC staff will check .
0 / 75