I
Pembroke Man
Given Life For Death
(Continued from page 1)
the motive and to prove pre
meditation, the key characteristic
of a charge of first degree murder.
Dr. Riley M. Jordan, a Raeford
t physician, questioned about
' memory "blackout," which Lowery
had claimed to have had, testified
that the person knows at the time
what he is doing but cannot
remember later what he did.
Miss Powell, in her summation
to the jury, contended that Lowery
had to perform several deliberate
acts to carry out his intent: he had
to slide the top of the weapon back
fc* to put a bullet in the firing
chamber, and he had to engage the
safety device so the pistol wouldn't
discharge accidentally while he was
walking around in the club before
shooting Locklear; that he raised
his arm and called to Locklear
before shooting him in the back, to
cause Locklear to stop before he
got out of range.
Miss Powell also contended that
Lowery was familiar with the club
> and its rules ?? that patrons were
forbidden to carry firearms or
knives into the club, that patrons
could be searched for weapons by
club employees, and that they
could be ejected from the club if
weapons were found on them.
She also said the club had metal
detectors to determine whether a
patron was carrying a weapon into
the club. She said that Lowery
managed to smuggle his pistol into
the club in some manner, possibly
by a woman friend carrying it
(women were not searched).
Lacy Lowery, 22, no relation to
the defendant, also had testified
that he had asked Perry Lowery if
he was going to take his pistol to
the club and that Lowery replied,
"Yes."
Lacy Lowery will be given a
presentencing hearing Monday at
10 a.m. in Cumberland County
Superior Court in Fayetteville be
fore Judge Brannon on a charge of
being an accessory after the fact of
murder, to which he pleaded guilty
November 16 in the Hoke County
jury with the murder-trial jury
absent.
A prosecution witness testified
that, after the shooting, Perry
Lowery told Lacy Lowery, "Take
the gun! Take the gun!" Both the
Lowerys were grabbed by club
security men, and the gun was
retrieved, and was turned over to
the investigating officers when they
appeared in response to a report a
shooting had occurred.
Defense witnesses testified that
they had known Perry Lowery well
and that he just wasn't acting like
himself that night.
Deborah Gonzalez testified she
was shocked by Perry's behaviour;
he put his hand on her, and when
she told him to stop, he did it
again, then she slapped him, and
he stopped.
Defense testimony also was that
at one point Perry was dancing
"with a dude (man)," and he was
stumbling around at other times, in
his intoxication.
Ricky Blue and others testified,
however, that Perry didn't appear
intoxicated. Prosecution testimony
was that after Perry was put in the
sheriff s department car after the
shooting and was read his rights, he
asked, "Is the boy dead?" which
was evidence that Lowery was
aware of what was going on.
Essentially, the defense testi
mony attempted to show that Terry
Lowery was incapable in his con
dition of forming an intent to kill,
and the prosecution's testimony
attempted to show that the de
fendant was functioning and did
know what he was doing.
Britt and Miss Powell also noted
to the jury state law which says
intoxication is no defense of a
criminal violation, that the ex
ception is in first degree murder, in
which it must appear that the
defendant was unable to think out
what he planned to do.
* * *
In a related case November 16,
Bill Hodges, a Pembroke ABC
(tore employee, was found by Judge
Brannon in contempt of court for
failing to come to court in response
to a subpoena.
Hodges had been subpoenaed by
Miss Powell.
He sentenced Hodges to five
hours in the Hoke County Jail and
fined him $100 and ordered him to
pay court costs. Hodges went to jail
at 12:12 p.m. and was released at 3
p.m. Tuesday, since the judge had
credited him with the time spent in
custody after officers picked him
up and brought him to Raeford.
Hodges was not called on to
testify during the trial.
The only other defendant to be
given a judgment during the week's
term was Dee Dee Ann Byerly of
Fayetteville.
She had been charged with
second-degree burglary and plead
ed guilty to breaking and entering,
and larceny.
The judge sentenced her to three
years, suspended the sentence and
placed her on probation for five
years on conditions she make S200
restitution to the victim, Phloy
Hardaway of Rt. 4, Raeford, and
pay court costs.
Byerly had been accused of
breaking into Hardaway's home
December 8, 1981, and stealing a
sewing machine and three tele
vision sets.
Magistrate's Court
The following Hoke County
magistrates' judgments were issued
last week.
Paul Douglas Oomen, Rt. 2,
Middletown, N.Y., hunting with
? out a license. $10 and costs;
hunting big game without a license,
costs.
Dorothy Hayes, Box 788, Rae:
ford, worthless checks'. $40 restitu
tion to J.H. Blue, Jr., and costs;
$34.90 and $66.10 restitution to
Macks Stores and costs.
Charlotte Elizabeth Kelso, Rock
ingham, speeding 66 in a 55 zone,
$10 and costs.
%' Andrew David Frahm, Raeford,
unsafe move, costs.
Lewis Wayne Royster, Ft. Bragg,
no valid operator's license, $25 and
costs.
Vonzelle Porter, Raeford, speed
ing 47 in a 35 zone, $10 and costs.
Georg Moskaluk, Fayetteville,
passing on a grade crest, $10 and
costs.
James Thomas McLean, Box 56,
. Lumber Bridge, speeding 48 in a 35
? zone, $10 and costs.
The following judgments were
issued during the week of Novem
ber 8 by Hoke County Magistrates.
Mattie L. Singletary, 405 E.
Prospect Ave., Raeford, worthless
check, S40.44 to Jackson's FMA,
and costs.
Donald K. Hough, Rt. 2, Rae
ford. worthless check, $50 restitu
tion to Mack Tools, and costs.
Robert Taylor, Junction City,
Kans., speeding 65 in a 55 zone. $5
and costs.
Chester Lewis Thomas, West
End. speeding 50 in a 35 zone, $10
and costs.
Michael Hubert Waters, Hope
Mills, speeding 66 in a 55 zone, $10
and costs.
Helen Schenk Wolfe, Greens
boro, passing at an intersection,
$10 and costs.
Area Incidents
David Lee Smith, 308 N. Wright
St., Raeford, expired state registra
tion, costs.
Kathleen Louise Stark, Rt. 4,
Fayetteville, speeding 67 in a 55
zone, $10 and costs.
Robert Henry Swain, Charlotte,
speeding 66 in a 55 zone, $10 and
costs.
Wayland Edward Parker, Jack
sonville Beach, Fla., speeding 66 in
a 55 zone, $10 and costs.
Tommy Ray Powell, Fayetteville,
failing to drive on the right, costs.
Sallie Darlene Riggins, Rt. 3,
Raeford, no operator's license
(medical cancellation), $25 and
costs.
Roy Carlton Robinson, Sr., Fay
etteville, speeding 59 in a 45 zone,
$10 and costs.
George Everett Russell, Pine
hurst, speeding 65 iti'a 55 tone, $5
and costs.
EfFie Patterson McCollum, Rt.
3, Raeford, speeding 64 in a 55
zone, $5 and costs.
Kathleen A. McDonald, Pine
hurst, speeding 70 in a 55 zone, $10
and costs.
Evander McLean, Jr., Rt. 1,
Laurel Hill, speeding 65 in a 55
zone, $5 and costs.
Oscar Bryan Kerns, Rt. 3,
Dunn, followed too closely, costs.
Kathryn Allen Marshburn,
Charlotte, failing to stop at a stop
sign, costs.
Phyllis Ann Mull, Rt. 2, Rae
ford, failing to stop at a stop sign,
costs.
Raymond Woodbury Kidder,
Lincolnton, speeding 67 in a 55
zone, $10 and costs.
James Colon Lindsay, Enka,
violation of oversize-movement per
mit, $10 and costs.
Clint Locklear, Rt. 1, Shannon,
no operator's license, $25 and
costs.
Gail Fulk Lowery, Rt. 3, Rae
ford, speeding 45 in a 35 zone, $5
and costs.
Robert Cary Maples, Laurin
burg, speeding 68 in a 55 zone, $10
and costs.
Delores Jeanette Johnson, Rt. 1,
Raeford, speeding 45 in a 35 zone,
$5 and costs.
Harlie Hammonds, Jr., Char
lotte, speeding 65 in a 55 zone, $5
and costs.
Sharon Lynn Harris, Fayette
ville, speeding 63 in a 55 zone,
failing to comply with driver's
license restriction, to wear correc
tive lenses, $25 and costs.
Irma Crowley Hedgepeth, Rae
ford, failing to stop for a red light,
costs.
Billy Gordon Henry, Fayetteville,
speeding 60 in a 45 zone, $10 and
costs.
"Robert K^fidall Hill, Rt. 1,
Grifton, speeding 66 in a 55 zone,
S10 and costs.
Lillie Howe Holt, Raeford,
speeding 59 in a 45 zone, $10 and
costs.
Loyd Thomas Honeycutt, Rae
ford, speeding 55 in a 45 zone, $5
and costs.
Marty Fann Connor, Fayette
ville, speeding 67 in a 55 zone, $10
and costs.
Carl Rufus Creech, Fayetteville,
speeding 65 in a 55 zone, $5 and
costs.
Marie McCollum Dobbins, Rt.
1, Raeford, speeding 67 in a 55
zone, S10 and costs.
Helen Moore Dukes, Rt. 1,
Raeford, speeding 47 in a 35 zone,
$10 and costs.
William Carroll Goodwin, Jr.,
Laurinburg, speeding 70 in a 55
zone, S10 and costs.
Yvonne Moore Francis, Rt. 3,
Raeford, following too closely,
costs.
Harold Hailey, Rt. 1, Shannon,
speeding 57 in a 45 zone, $10 and
costs.
Sabrina Doraine Barnes, Rae
ford, failing to yield right of way at
a stop sign, costs.
Linda Bass, Lumberton, speed
ing 68 in a 55 zone, $10 and costs.
Linda Addie Abrams, Rt. 4,
Raeford, speeding 67 in a 55 zone,
$10 and costs.
Willie Lee Best, Raleigh, speed
ing 70 in a 55 zone, $10 and costs.
Edward Carlton Blue, Raeford,
no operator's license, $25 and
costs.
Robert Lee Boggs, Fayetteville,
speeding 65 in a 55 zone, $5 and
costs.
Helen Joyce Booker, Angier,
speeding 65 in a 55 zone, $5 and
costs.
Benjamin Q. Briggs, Maxton.
speeding 55 in a 45 zone; S5 and
costs.
Handy Brown, Jr., Cheraw,
S.C., speeding 65 in a 55 zone, $5
and costs.
Mary Jackson Carter, Hope
Mills, failing to drive on the right,
costs.
Millard Chavis, Greensboro,
speeding 65 in a 55 zone, $5 and
costs.
Michael Anthony Clay, Fayette
ville, speeding 69 in a 55 zone, $10
and costs.
Joann Dixon, Rt. 1, Raeford,
worthless check, $42.50 restitution
to Jackson's FMA, and costs.
James Alexander Scriven, Fay
etteville, speeding 45 in a 35 zone,
$5 and costs.
Chigbo Umerah, Fayetteville,
failing to stop at a stop sign, costs.
Lanie Adams McNair, Raeford,
speeding 47 in a 35 zone, $10 and
costs.
Sharon Damico, Laurel Hill,
speeding 68 in a 55 zone, $10 and
costs.
3 Larcenies Reported In Area
Three cases of larceny in the
South Hoke area and one in the
North Hoke section were reported
^Saturday to the Hoke County
Sheriff s Department.
Someone stole S32 worth of
property from the Jaycee Hut,
someone, possibly the same person,
took $385 worth from a car parked
at South Hoke Auto Sales, and
$120 worth, including a jewelry
box, was taken from a trailer
rented to Victory Locklear.
^ The property stolen from the car
consisted of a radio, tape player.
two radio speakers, and an
equalizer.
North of Raeford, someone stole
a water pump worth SI 25 from the
property of Henry McCall on Rt. 4,
Raeford.
The following were reported to
the Raeford Police Department,
according to Police Chief Leonard
Wiggins.
A man paid $10 in advance for
gas, then put $13.02 worth in the
tank of his vehicle and drove away
without paying the difference. The
Pantry on East Central Avenue
reported November 17.
Carl H. Quick told police Friday
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someone stole the left front hubcap
worth S60 from his car while it was
parked at Hoke County High
School Thursday night. He said his
son had driven the car to the
school.
James R. Weaver, 109 W. Fifth
Ave., reported Friday someone
stole his 1978 Buick from a parking
lot at Hoke County High School.
The car was found, undamaged,
later in the afternoon behind the
North Raeford Fire Department
building by a Hoke County sheriff s
officer.
Carl Hendrix, Rt. 3, Raeford,
reported Saturday the rear window
of his car was shattered as he was
driving on West Prospect Avenue.
He said he heard a noise at the
back window as he was traveling
near the highway bridge. The
damage amounted to about $20.
Someone stole the SI 25 motor
cycle helmet of Donald McLean,
Rt. 2, Raeford, Saturday after he
parked it at The Pantry on Harris
Avenue and went into the store.
* * ?
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Bathing,
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875-83 12 Harri? Ave., Racford, N.C.
The Hoke County Rescue Squad has increased its rescue capabilities by
adding an underwater rescue team. The primary purpose for the dive team
is the search and recovery of drowning victims. By using divers over dragg
ing, it is possible to locate victims faster, increasing causes for survival.
The underwater rescue team has already recovered one victim this year, on
July 26 when a car plunged into about 20 feet of water in Moll Lake at
Fort Bragg. The underwater rescue team has three certified divers. Kemp
Crumper, (right) who is a dive master; Lawrence Conoly (not pictured),
advanced open water diver, and Dick McNeill (left), an open water diver
and the other members of the Rescue Squad for boat and shore opera
tions.
Court Dusted Here
(Continued from page 1)
Whether it was aimed at the
prosecution or the defense, he said,
he didn't know. It was discovered
shortly before the murder trial of
Perry Wayne Lowery was resumed.
But whether it was aimed at
people involved in this trial, or at
its outcome, or at another case was
not known by court officers.
A member of the court clerk's
United Way
For 1982-8$
The Hoke County United Fund
held its annual meeting on Tues
day, November 16, at the Hoke
County Public Library.
Officers for 1982-83 are: Ken
Witherspoon, President; John
Leandro, Vice President; Rhonda
'Holt, Secretary; and Onnie Dudley,
Treasurer.
Bill Archer, John Howard, Betty
Rogers and Onnie Dudley were
elected to a three year term which
runs until June 30, 1985.
Other members of the Board in
addition to the officers are:
Richard Fergison. L.S. Brock. Don
Steed. Kay Thomas, and Neil A.
McNeill.
A statement of financial affairs
revealed that all member agencies
will receive their full allocation this
year.
Witherspoon said this was a most
successful campaign, raising over
S21.000.
Because of new licensing require
ments, the Board of Directors were
required to adopt a new set of
by-laws.
Member agencies will be pro
vided a copy for their review. The
staff said goofer dust was dis
covered twice in recent years in
District Court, but it has been
many years since the dust was
spread in Superior Court.
Someone else said the pheno
menon is not unique to Hoke
County.
"There's a lot of it in Robeson
County," she said.
Gearing Up
Campaign
Board was informed that the
United Fund is legally licensed to
raise and distribute funds.
Representatives of the Boy
Scouts, Girl Scouts, and St.
Joseph's Home Health Agency
reported on the successful activities
now occurring in Hoke County.
The Board was pleased to hear
the numbers of Hoke County
residents benefiting from these
programs.
Board members also discussed
the need for improved recognition
of both contributors and member
agencies.
Witherspoon assured the Board
that plans would be implemented
in the very near future.
The United Fund Board of
Directors will meet quarterly with
the intent of improving the effec
tiveness of the United Fund in
Hoke County.
IA.A. Meetings
Wed, 8 p.m.
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