Defendant In Bolivia Killing Can
(Continued From Page I-A) 18, and Nicholas Lavoir Smith. 16, of Bolivia and
The evidence will show (hat l ord fired the fatal shot Byron Henry Knowles. 24, of Wilmington.
and that the killing resulted from an "earlier altercation" None of the other nine defendants were mentioned by
between Ford and Davis, Miller testified. He said the name during Tuesday's hearing. Ford, a tall, slender
men went to the trailer armed with a machete and a black man with short "drcadlock" hair, faced the judge
.380-caliber pistol. alone in a black sweatshirt with a cross hung around his
"Mr. Ford was more or less out for revenge," Miller neck.
said. Ramos asked Judge Brooks to declare the death
According to the 55 indictments handed down in the penalty inappropriate in the case against Ford, arguing
case, all 10 defendants participated to some degree in that the removal of Davis from his car did not constitute
the assault on Davis. Investigators have said that "a gang kidnapping. But the judge disagreed.
mentality" prevailed as they piled into two cars and "It appears to the court, based on the evidence, that a
drove to Davis's trailer to confront him that night. jury could conclude that he was taken from the car with
The other men facing murder, kidnapping and con- the intent to inflict serious bodily harm," Brooks said,
spiracy charges with Ford are Terrance I^aQuinn Jones, "Anyone who takes a machete and a pistol to the scene
Face Death Penalty, Judge Rules
of a crime shows a willingness to use them. This is a hours after the killing. Knowles fled to the Bahamas,
matter for a jury to decide." where he is believed to be living in the home of his fa
After the judge's ruling, Ramos asked that a second ther. Gore said the state has not begun extradition pro
attorney be appointed to assist him in defending Ford, a ceedings to bring Knowles back to the United States,
common practice in death-penalty cases. Brooks agreed "I hope there won't be a problem with it," he said. "I
to name Shallottc lawyer James Payne as co-counsel. would hope that Bahamian officials will consider a per
Ramos said afterwards he was surprised by the dcci- son charged with a capital murder as worthy of cxtradi
sion, calling the evidence of kidnapping "marginal." tion."
"That's the only possible aggravating factor, and it's The other defendants, who are all accused of conspir
an arguable one," he said. acy to commit assault with a deadly weapon inflicting
Gore said his office would "proceed accordingly" to serious injury and other charges arc: Victor Conway
prepare a death-penalty case against Ford and the other Randolph, 21, Archie Lee Williams Jr., 16, Jeremy
three men charged with murder. Javon Smith. 16, Anthony Alex Smith, 19, and Kevin
Jones and Smith have been held without bond in Kenyata Mitchell, 18, all of Bolivia and Jessica Lucille
Brunswick County Jail since their arrest less than 48 Stancil, 16, of Ocean Isle Beach.
Health Officials Examine
Charges TB Test Misread
(Continued From Page 1-A)
the board she believed that the test
was positive. But the staff nurse
who eventually examined the patient
determined that it was not. She al
lowed the man leave without further
testing.
Stewart did not report the incident
to her supervisor or to anyone else at
the health department until she ap
proached the board of health last
week. Nutter said.
The board has asked county
health director Michael Rhodes to
look into the matter and to report
back at the next meeting. Nutter
said.
Rhodes refused to talk about the
incident Monday. He would not con
firm or deny Stewart's allegations,
saying they were the subject of a
health board executive session about
which he was not authorized to
comment.
Health board member Dr. Brad
Kerr, a veterinarian, said Tuesday he
is concerned about Stewart's charges
and expccts a full report on the mat
ter. But he said he doesn't have
enough information to assign blame.
"The nurse who read the test said
it was negative. Stewart thought it
was positive. She may have been
right. She may have been wrong. Or
it may have been a false positive,"
Kerr said. "The health department
plans to call the guy back in to con
firm or deny her contention."
Kerr also said he understood that
there might have been "a conflict
between her supervisor and herself
over recent promotions and hiring
that may have contributed to Stew
art's decision to resign around the
time the testing incident is alleged to
have occurred..
"I'm glad she brought it up. It
took guts to bring it up," said Kerr.
"But not having been there, and not
knowing how to read the test, and
not knowing wliai kinu of personali
ty conflicts are involved, I'm not
sure that anything significant hap
pened."
Two State Coastal Panels
Will Meet Here In March
Two major stale panels dealing with the future of the North Carolina
coast will meet in Brunswick County next month.
On March 17 and 18 the Coastai Futures Committee will be meeting
in Southport, in the former county courtroom at Southport City Hall.
The following week, on March 24 and 25, the Coastal Resources
Commission will meet at Sea Trail Plantation at Sunset Beach.
This will be the first time the CRC has met in Brunswick County in
approximately i 5 years, according to its chairman, Eugene Tomlinson of
Southport. That last meeting, in the late 1970s, was held at Oak Island.
"I'm just very excited about getting all these folks here," said
Tomluison, who as CRC chairman also serves on the Coastal Futures
Committee and was chiefly responsible for luring both panels to the
county. "1 want to show them what's going on; I'm real pleased with
what's going on here."
The CRC is the policy-making board that oversees implementation
of the Coastal Area Management Act (CAMA). It approves land use
plans created by local governments in the 20-county coastal area as
guides to how their communities will be developed over a 10-year peri
od.
The Coastal Futures Committee was appointed last fall by Gov. Jim
Hunt to chart the future direction of coastal management in North
Carolina. This year, designated the "Year of the Coast" by Hunt, marks
the 20th anniversary of the state's Coastal Area Management Act.
At a meeting Sept. 16 and 17 in Wilmington, the committee is ex
pected to issue its finai report ana recommendations fur impiuviug iiic
state's coastal management programs.
According to Hunt's charge to the committee, its goal is to look at
ways to strike a balance between environmental protection and develop
ment in the state's stewardship of the coastal area.
Warmer Weather To Linger
Those warmer-than-usual temper- Feb. 20 and a nighttime low of 29
atures of the past week are expected degrees on Feb. 15.
to continue over the next few days. A daily average high of 71 de
Shallotte Point meteorologist grees combined with a nightly aver
Jackson Canady said Tuesday he ex- age low of 43 degrees for an average
pects temperatures to average from daily temperature of 57 degrees.
the lower 40s at night into the lower ., . , ,, . ,
. .. . P . , . . That s about 9 degrees above av
60s during the daytime, with about a r ... ,. . ..
u ir . , ? ,,, erage for this time of year, he said,
half-inch of rainfall. b 3
For the period Feb. 15 through 21 Canady also recorded five one
he recorded a high of 79 degrees on hundredths inch of rainfall.
I 1
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STAFF PHOTO BY EDDIE SWEATT
Power Squadron Tours 917 Center
Members of Shallotie River Power Squadron toured the Brunswick County 911 Center last week for
their monthly gathering. Cecil Logan, who heads the county 's emergency management effort and is
county fire marshal (standing at right), conducted the tour of the multi-million-dollar state-of-the-art
facility. At left L\ Power Squadron Commander Dewey Adams.
County Pledges 'Drug-Free Workplace'
(Continued From Page 1-A)
partment manager "has reason to be
lieve that testing is applicable."
Violations of the drug policy are
punishable by disciplinary actions
"up to and including dismissal." Or
and employee may be referred to an
appropriate agency for substance
abuse treatment.
The third policy applies to work
ers whose job description includes
the acquisition of a certification or
license from some state agency. It
requires that such an employee be
immediately dismissed if he or she
fails to meet those qualifications
"within 12 months or the first avail
able opportunity."
In other business the board:
?Authorized County Attorney
Michael Ramos to provide legal as
sistance to the Brunswick County
Partnership for Children in setting
up a non-profit, tax-exempt corpora
tion that would qualify as the lead
agency the state's "Smart Start" edu
cation funding for pre-school chil
dren. The group is working to quali
fy Brunswick County for the next
round of funding for the program.
?Heard complaints from a group
of Ash residents about loud music,
gunfire and other disturbances in the
area surrounding the nearby "GFB
Club." County manager Wyman
Yelton was asked to look into the
matter. Commissioner Jerry Jones
said the comments suggest that the
board should re-consider a county
wide noise ordinance that was pro
posed and never acted upon.
?Agreed to consider Public
Housing Director Thurman Everett's
request to restructure his department
and to continue his feasibility study
of a proposed 40-unit affordable
housing projcct for low incomc fam
ilies.
?Approved Commissioner Tom
Rabon's nomination of Dan
Yarbrough to replace Robert Nubcl
on the Utilities Operations Board, of
which he was recently named vice
chairman. The board also voted to
reappoint Arthur Clawson, V.A.
Creech Jr. and Elizabeth McLean to
the Economic Development Com
mission. Paul Austin was reappoint
ed to the Keep America Beautiful
board and Cortez Ward Jr. was re
named to the board of equalization
and review.
?Heard Yelton report that prices
would be increased and portions cut
for meals in the Brunswick County
complex cafeteria in an effort to off
set past overspending and to help
balance the budget.
Attorney Says Schaack Lawsuit
Settlement 'A Tactical Maneuver'
BY ERIC CARLSON
Calabash Town Attorney Michacl Ramos on Tuesday
said the recent settlement of a lawsuit against former
building inspector and now Commissioner Edward
Schaack was a "tactical maneuver" and not an admis
sion of wrongdoing, as alleged by Holdcn Beach lawyer
Benedict Del Re.
In an interview with The Beacon last week, Del Re
would not reveal the financial details his agreement with
the town to drop the lawsuit. He said the action was "not
about money" and called the settlement a "vindication"
of his claim that Schaack, while working in his official
capacity, offered his services as a consulting engineer to
design a parking plan for a group of shops the attorney
owns in the Calabash extra-territorial district.
Ramos was on vacation and could not be reached for
comment on Del Re's allegations last week. However, in
an interview Tuesday night, he strenuously disagreed
with Del Re's characterization of the settlement.
"Essentially, what he said was baloney," said Ramos.
"It was a tactical maneuver on our part and not an ad
mission of anything."
Calabash and Del Re had reached a point in the legal
action where both sides were about to incur significant
expenses for depositions and other work to prepare for a
trial, Ramos said. So the lawyers representing the town,
its insurance company and Schaack made an "offer of
judgment" to settle the suit out of court.
"We were about to get into some heavy costs, so we
made an offer of judgment for one dollar," Ramos said.
"We hoped?but did not expect?that he would take it,
and he did. So now the town owes Mr. Del Re a dollar."
Ramos said he assumed Del Re accepted the offer "to
avoid a lot of costs down the road." He said there was
no admission of wrongdoing stated or implied in the set
tlement.
"It's not an admission of liability. It's not a vindica
tion on the merits of his allegations. Mr. Schaack never
said anything about doing any work for Mr. Del Re,"
Ramos said. "We offered him $1 to settle and he took it,
which I think speaks volumes about the merits of his
case."
Calabash Commissioner Wants Ethics Pledge
BY ERIC CARLSON
Calabash Commissioner Teddy
Altreuter wants to require town offi
cials sign an ethics pledge, despite a
warning from one another board
member that she might find herself
in violation of the proposed code.
At their regular meeting Tuesday
night, Altreuter asked commission
ers to consider adopting an ordi
nance that sets standards of conduct
for elected and appointed officials
and an ethics pledge similar to the
one approved by the tiolden Beach
Board of Commissioners.
The rules prohibit officials from
using their positions or town facilities
for private gain, from accepting gifts
intended to influence decisions and
from disclosing confidential informa
tion for the purpose of advancing
their financial or personal interest.
The ordinance also requires offi
cials to treat all citizens equally and
to disclose the nature and extent of
any private interest they might have
in any official action of the board
By signing the ethics pledge, offi
cials would agree to uphold 12 codes
of conduct such as "placing democra
tic principals and public good over all
other allegiances and considerations"
and acting "to promote the reality
and perception that government is
conducted with honesty, integrity and
a concern for justice."
But Commissioner lidward Scha
ack cautioned that Altreuter might
find her active opposition to the
town's ongoing sewer system plans
at odds with one of the rules set
down in the ethics pledge. "If we
adopt this, how can a commissioner
belong to an ad hoc committee try
ing to get an action of the board
overturned?" Schaack asked.As pro
posed, officials who sign the pledge
would auree not to "undermine or
thwart duly-adopted laws or policies
by subterfuge or circumvention."
Town Attorney Michael Ramos
said the pledge would not prohibit
members from trying persuade each
other and continuing to protest
board actions al public meetings.
But he interpreted the word "cir
cumvention" in the pledge as mean
ing to "go outside of the legislative
process to bring pressure to bear on
the board of commissioners."
The issue sparked a lively discus
sion among board members. Forrest
King and Keith Hardee felt an ethics
pledge was not necessary because
iniard members have already sworn
an oath on the Bible to uphold the
law. Schaack and Jon Sanborn ar
gued that there is no way to enforce
the provisions of such a pledge.
Mayor George Anderson and
Commissioner Robert Noe said they
felt it would be a good idea to pub
licly endorse standards of conduct
that officials should be expected to
uphold.
[Eventually, the board voted 5-to
I, with Hardee dissenting, to autho
rize Altreu'er to attend a March 23
seminar on ethics in local govern
ment sponsored by the N.C. Institute
of Government in Chapel Hill.
Sunset Seeks
Solidarity In
Info Preceding
Sewer Vote
(Continued From Page 1-A)
"To make (he project viable we'd
have to do something," said Mayor
pro tern Hd Gore, asking consulting
engineer Joseph Tombro what the
cost of the "town's share" of the
proposed collection system would
be and hearing in reply "in exccss of
$5 million."
The letter will be accompanied by
a timetable and a user fee chart
based on the current financing plan.
Those seeking more information
will be directed to call the town hall.
Under the timetable, absentee bal
lots will be available starting March
4, while March 14 is the last date
town residents can register to vote if
they are not already registered with
the Brunswick County Board of
ciaiiuiM.
According to Tombro, project
manager for Piedmont Olsen Hens
ley consulting engineers, 75 percent
of all permanent residents can ex
pect to pay the minimum $18 user
fee. based on monthly usage of
5.000 gallons of water or less year
round. A town newsletter published
earlier this month incorrectly stated
that rate was applicable to the "typi
cal customer".
Tombro said the proposed sewer
charges were set by the state treasur
er's office based on the authority
selling its revenue bonds at a conser
vative 7.5 percent rate, even though
the current rate is between 4.5 per
cent and 5.5 percent. The interest
rate the authority will actually pay
won't be certain until the bonds are
actually sold.
Fired Chamber
Executive Renews
Lawsuit, Charges
(Continued From Page 1-A)
?thai Odom and Barbee "made
material representations and failed
to disclose material information...re
garding personal activities which
would be expected from (Richards)
by them and also the term of her em
ployment."
?and that the conduct of Odom
and Barbee was "extreme and outra
geous," and "intended to cause se
vere emotional distress that no rea
sonable person could have expected
to endure."
The new action seeks both puni
tive and compensatory damages of
in excess of $ 10,000 from the cham
ber, Odom and Barbee.
IN CALABASH
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