Newspapers / The News-Record (Marshall, N.C.) / Aug. 20, 1987, edition 1 / Page 9
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Ponder Found Not Guilty Of 1982 Conspiracy Charges w JL tf V ? 7 ?CaaUaiied from Page I former lSth Highway Division engineer, both testified that they Ject with Ponder ac eariy as Late March IMS The public first learned of the plans during a June 22, IN2. public hearing, Roee and McEntire testified. The Board of Transportation ap proved the project in July 1982, accor ding to testimony. Attorney Larry Leake testified that he set tg> the trust agreement involv ing Ponder and his business associates on April 20, IMS. "Mr. Ponder advised me that he wished the agreement to be handled in such a fashion that land could be The agreement Included a stipula tion that property in the North and South Marshall, Spririg Creek and Walnut townships could not be pur chased without the approval of all partners, he testified. The proposed Sweetwater Road would go through North and South Marshall, Spring Creek and Walnut, according to testimony. Properties in the path of the propos ed road were purchased by the trust June 4 and July 23. Leake said. Several property owners who sold land to the partnership testified they did not know of the road project when they sold their property, but they also Mid they received the price asked for The partnership has bought do pro perty since those purchases, Leake said. Evidence for the prosecution con cluded at ll:0S a m Tuesday, and Ponder took the stand as the first - and only - defense witness. Ponder testified that he never pur chased any property in the Redmoo area for the purpose of making a pro fit. "I wanted to buy it, get it and give the right-of-way to the state and get on with the business of building the road," he said. Ponder also defended the use of the secret trust in the land deals. Candidate Approved -Continued from Page I schedule a formal challenge hearing. "I'm glad it turned out the way it did," Pox said. "When I filed, I was under the understanding that everything was kosher," he said. "All indications were that there was no problem with me filing. But when I filed, it was con tested." Pox will be running against incum bent Alderman John Dodson, the only incumbent member of the Mars Hill Board of Aldermen seeking re election, unsuccessful 1965 candidate Alvin Slagle, and 1965 mayoral can didate Clayton Willis. Lundsford Withdraws -Continued from Page I water and sewer department. "I Just felt like there were too many people running," he said. "I didn't know Mr. Marler was going to get into the race." Lunsford said he entered the race on the last day of filing because very few candidates had entered the race for Marshall alderman. But, after Lunsford fil ed, so did several other can didates, including Marler. "I thought Booth and I would get about the same votes," he said. "We might end up causing somebody to get into office that I didn't want in there, 10 1 thought it best to get out of the race." Lunsford's withdrawal from the race leaves seven candidates - in cluding the three incumbents - to battle for the three aldermen's seats. Vying for election as aldermen are incumbents John Dodson, Ed "Doc" Niles and Faye Reid, former Mayor Betty Wild, former aldermen Marler and Jackie Davis, and newcomer Iverson Bradley. Lake Project Delayed Again -Continued from Page I fire chief to live within the North Bun combe Fire District. Town attorney Bill Barnes said such a move could set legal precedent. "I didn't find any laws against it, but it is entirely possible that law could be made in action arising from a small town," Barnes said. "This or dinance is subject to attack." There are three flaws in the or dinance, said Barnes: ? It does not state why certain town personnel were chosen over others. ? It does not have a compelling reason as to why the town found it necessary to pass the ordinance. ? It changes the conditions of #nployaetft After someone has already been hired. Barnes warned the council that public employee action groups may file suit against the town because of the changing of job conditions after employees have been hired. "You're changing the rules after the players are already on the field. This could become an issue of great concern that could get this town into something ridiculously expensive and time-consuming," Barnes said. Councilman David "Bud" Bell showed support for the ordinance. "If the town manager lives here, he can keep his hands in what's going on," Bell said. Councilman Harold Payne agreed. "If he's here, then he's part of us," Payne said. The council agreed to consider changing the wording of the or dinance to apply it to incoming employees but not current ones, and to look for a compelling reason to re quire certain employees to live in town. A special committee will con sider the changes. In other action, Town Manager Charles Home said the town is pur chasing 300,000 gallons of water from the Asheville-Buncombe Water Authority to supplement the low level* at Weaverville's reservoir sites. While mandatory restrictions aren't in the works yet, Home warned that continued low rainfall could mandate them. "We're encouraging conservation, but we're not going to mandatory restrictions at this point." The council is currently negotiating with the Asheville-Buncombe Water Authority on a plan that would give them access to that system for the nast five years. The council also heard from Mary Trader, a resident near the Weaver ville pool who complained of noise and after-hours parties at the facility, run by the Optimist Club. Trader said she believed alcohol was being consumed on the premises as well. "I'm not here to close the pool, but I am here to see that it is properly run and properly supervised," she said. Police Chief Darrel Rath burn said he would be able to monitor pool par ties closer if he were given an agenda listing who would be using the clubhouse and at what times. "We would hate to go in if somebody's having a family function and crash it," Rath burn said. "It's an awkward situation for us." ? r . . < ? ? ? The council asked that the Op timists supply the police department with an agenda and suggested to Trexler that she register her com plaints at a meeting of the Optimist Club. The council also: ? Approved a capital improvement ordinance of the water-sewer fund. ? Voted to use $200 of the police department's drug fund to support an awareness program at community schools sponsored by the Weaverville PTO. ? Announced a hearing on zoning to be held at North Buncombe Middle School (formerly North Buncombe High School) pn Thursday, at 7 pjn. School Official Charged With Assault -Continued from Page 1 Getman then returned to his patrol in Hot Springs, when, at about 3:45 a.m. Saturday, he saw Smith and his wife near Smith's parked Volkswagen van. Smith said he would be driving his van back home, Get man said. "I told him his license was revoked and that he couldn't drive home," he said Tuesday. "He informed me that he would be driving it, and I informed him that if he got in his van, I would charge him with driving with a revok ed license." Smith then became angry and began cursing and threatening Get man, the Hot Springs police chief said. "He said, 'I want a piece of you. Take your badge and gun off. I will get you,' " Getman said. "I arrested him for communicating threats, placed him on the hookd of the car and was trying to handcuff him whan be turned and punched m< twice in the chest," he said. After being subdued, Smith wai transported back to Marshall, when he was charged with communicatinf threats and assault on a police of ficer, Getman said. Smith apparently sufferd a sligh blow to the head during the scuffle and Getman was bitten on the han< by a dog, a husky, owned by Smith. Smith, when contacted Wednesday had no comments on the incident. This is the third assault incident in volving Getman. He had been charg ed with communicating threats am simple assault by two Madison Cour ty teen-agers following a routine tral fic stop earlier this year. A man charged in connection with purse-snatching incident in Hot Spi ings also charged Getman wit assauting him during his arrest. All charges against Getman wer dismissed by 24th Judicial Distri< Attorney J. Thomas Rushe. New Plaza Opens -Continued from Page I tractor for the shopping center. Rev co drug store is set to open around Oct. 1, Ward said. Of {he 13 smaller retail store spaces in this shopping center, three have already been leased. They are Fashion Cents, a women's apparel shop; Subway, a deli-sandwhich snop; ana, Miicneit s Hair, a Deatuj barber shop All three are set to open some tim in October said Ward. The 10 smaller stores ready fc lease range in size from 1,200 squat feet to 2,800 square feet. The Weaverville Plaza site is owi ed by Weaverville Plaza Associate! a partnership in Raleigh. 1 "The trust *H Mt up simply to keep the old theory alive that if everybody knows your business, you've got no business," he testified. When asked by Assistant District Attorney Gerald Wilson why the agreement restricted the purchase of land in certain areas, Ponder answered, "We didn't include the whole U.S. of A." During closing arguments, Hyde, who quoted lines from Shakespeare, likened Ponder to figures from history unjustly persecuted. "This man is now charged is a criminal case for doing what he thought to could do for the young peo ple of Madison County. Should that man be pen x uttd - not prosecuted, but pa ne ultid ? for standtag up for what's right," Hyde said. "Here's a man who's good name is at stake, who's done right, who's helped his people and who needs his people to speak for him," he said. Wilson, in his dosing argument, said he had nothing against building roads so that children can get to "What I am trying to um that road on the part of the children of Madison County to try to go out and make money off thai road. That's wrong," Wilaoa aaid 5 than* e of "looking out for his own pocket" in looking out for the peopl Madison County, be said. Ponder took advantage of the' citizens of Madison County and of his , authority and responsibilities as a> state official, Wilson said.
The News-Record (Marshall, N.C.)
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Aug. 20, 1987, edition 1
9
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