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Attorneys Argue Over
Admissibility Of Defen
aanf s Statement
(Continued From Page 1-A)
said. "He told Frank, 'They know
the tnith. You better tell them every
After that, Frank Ford told a dif
ferent story. Moser testified that he
allowed him to give an uninterrupt
ed account of his actions on the
night of Nov. 28. Tnen the investiga
tor went back over the story with
Ford, stopping him to ask questions
while making six pages of notes.
The contents of Ford's statement
were not revealed in court Monday.
Judge Thompson was cxpected to
announce Wednesday whether he
will allow the pages, marked
"State's Exhibit 1," into evidence
during the trial.
Investigators have said they be
lieve it was Ford who Fired the fatal
bullet into Davis's back after he was
dragged from his car by three of the
ten who met him outside his trailer.
The other murder suspects are ac
cused of beating and kicking Davis
as he struggled on the ground. One
of the men allegedly hit Davis in the
head with a machete.
It is not known whether Ford will
be called to testify in his defense.
But his court-appointed lawyers
Michael Ramos and James Payne
are expected to call an expert psy
chiatrist to testify that Ford was in
capable of understanding what he
was doing on the night of Davis's
In a motion filed April 20. the de
fense claimed Ford "had consumed
a half a gallon of liquor, smoked
some "rock" (cocaine) and smoked
approximately a half ounce of mari
juana" on the night in question. The
attorneys say Ford was "intoxicated
to the extent that his ability to form
the specific intent to commit the
crime of First degree murder was im
paired to the extent that (Ford) was
not able to appreciate the criminality
of his conduct."
To support their claim, the de
fense plans to call Dr. John WarTen,
described as "an expert clinical psy
chologist." the motion states.
A total of 225 people have been
summoned to appear as prospective
jurors in the trial, which is expected
to last three weeks. Testimony is not
likely to begin until next week.
Meanwhile, the last of what pros
ecutors call the "peripheral players"
in the Davis murder, agreed to plead
guilty to a conspiracy charge and
will receive no active jail time in ex
change for testimony against Ford
and two others murder suspects.
Jeremy Javon Smith, 17, of Tobes
Road, Bolivia, pleaded guilty to a
charge of conspiracy to commit as
sault with a deadly weapon inflict
ing serious injury. Assistant District
Attorney Lee Bollinger said
Smith was charged with conspira
cy, accessory after the fact to the
felony of robbery with a dangerous
weapon, aiding and abetting an as
sault with a deadly weapon with in
tent to kill inflicting serious injury,
first-degree kidnapping and conspir
acy to commit kidnapping.
Others who admitted their in
volvement in the murder and agreed
to testify against Ford include Nich
olas Lavoir Smith, 17, Kevin Ken
yatta Mitchell, 18, Victor Conway
Randolph, 22, Anthony Alex Smith,
19, and Archie Lee Williams Jr., 17,
all of Bolivia, and Jessica Lucille
Stancil, 17, of Ocean Isle Beach.
Also facing murder charges in the
killing are Byron Henry Knowles,
25, of Wilmington and Terrance
LaQuinn Jones, 19, of Randolph
ville Road, Bolivia. Knowles al
legedly fled the country and is be
lieved to be in the Bahamas. Jones is
being held in Brunswick County Jail
SBI AGENT Kelly Moser explains the questioning that led Frank
Lenail Ford to confess to his involvement in the killing of Charles
Wayne "Butch" Davis last November. Moser testified at a pre-trial
hearing Monday morning.
Teachers' Group Endorses
Six School Board, Two
BY SUSAN USHER
Six of 10 candidates for school board and two of 10 candidates for
county commissioner have won endorsement of the Brunswick County
Association of Educators.
Meeting Sept 13 association representatives approved the recom
mendations of the group's Political Action Committee for Education
Candidates in four of five school board races earned endorsements,
with dual endorsements for the District 4 and District 5 seats.
Endorsements were as follows: juvenile services officer Olaf "Bud"
Thorsen Democrat, District 1; retired educator Clara Carter, Democrat,
District 2; both retired educator Pat Brown, Republican, and CP&L em
ployee Bryant Pergcrson, Democrat, District 4; and Federal Paper Board
Co. employee and incumbent school board member Yvonne Bright,
Republican, and parent activist Glenda Browning, Democrat, District S.
Nine out of 10 school board candidates participated in the Sept 12
forum at Brunswick Community College. District 2 Republican candi
date Eugene Hewett, who didn't participate, was not endorsed. Neither
were Republican hopeful Rozell Hewett of District 1 and Democrat Billy
Carter and Republican Beth Osiek of District 3. Candidates fielded ques
tions reflecting educators' special concerns, from discipline measures
now in use in the schools and teacher tenure and personnel policies to
site-based management and local funding of the schools.
Among the criteria considered in endorsements were candidates'
commitment to education, past record, electability and answers to ques
tions posed at the forum. In each race, one or both candidates could be
endorsed, or none, said PACE Chairman Christy Judah, a guidance coun
selor at Shallotte Middle Scho9l.
To her knowledge this is the first time BCAE has endorsed opposing
candidates. ''We're breaking new ground to make dual endorsements,"
Two challengers ? and no incumbents ? won the teachers' endorse
ment tor election to the Brunswick County Board of Commissioners.
The group endorsed only District 2 Democrat Alfooza Roach and
District 3 Republican Leslie Collier. Both participated in the candidates'
forum, along with challenger Bill Sue, Democrat, District 5, and
Chairman Eton Warren, District 1 incumbent and Democrat
In addition to its political action committee, BCAE, a professional
organization for teachers, is active cm other fronts, according to
spokesman Kathleen Thompson, a Sooth Brunswick High School
teacher. The local chapter recently voted to send six interested teachers
to a fall instruction workshop on the state testing program and national
board certification, to send a $100 donation to the Georgia Association
of Education disaster relief fond, and to donate a tree for a reading gar
den at Union Elementary School in memory of the late Martha Russ,
who taught second grade.
Schools Cautious After SMS
Student Says Gun Pointed
(Continued From Page 1-A)
the main entrance. Guidance person
nel already monitoring the front hall
are now watching outside the build
ing, and hall monitors are on duty as
in the past.
Several parents have volunteered
to serve as silent sentinels, parking
their vehicles in unobtrusive loca
tions to monitor the grounds.
In the afternoons 13 to 14 teach
ers are already on bus duty while
their students hoard buses Home.
"We believe we're handling it
properly," said Robinson. "We're
trying not to get the community up
at arms, but providing extra security
measures. With our society as it is
today, we have to be as pro-active as
Established Nov. 1, 1962
Published Every Thursday
At 4709 Main Street
Shallrrfte NT 984*0
IN BRUNSWICK COUNTY
One Year $10.36
Six Months $5.55
EI ,SE WHERE IN
One Year $14.86
Six Months $7.90
ELSEWHERE IN U SA.
One Year $15.95
Six Months $8.35
Second class postage paid at
Shallotte, N.C. 28459. USPS 777
780. Postmaster, send address
P.O. Box 2558,
Shallotte, N.C 28459-2558
Friday morning students were re
minded to use ilic proper doors
when arriving at school. Students
whose parents drop them off at
school on the circle drive are to en
ter through the main entrance and
students arriving by bus are to enter
through the end door at the bus area.
While fire regulations don't allow
the school to tppn fhp door locked,
students are not to use the middle
front door that leads directly into a
section of classrooms, said Rob
Robinson said staff members are
being supportive of the girl who re
ported the incident. "The rumors are
what we'll have to help her with,"
Is In Forecast
Normal temperatures and rainfall
amounts are expected over the next
few days in Brunswick County as
the season officially changes from
JUUUIIVI IU toil.
Shallotte Point meteorologist
Jackson Canady said Tuesday tem
peratures will range from the mid
60s at night to the mid-80s during
the day. The area should receive
about three-quarters of an inch of
rain in the next week.
For the period Sept. 13-19,
Canady reported that the average
nightly low temperature was 66 de
grees and the daily average high was
86 degrees. The daily average of 76
degrees was about normal for this
time of year.
The maximum high reading dur
ing the period was 90 degrees on
Sept. 16, and the minimum low was
59 degrees on the 1 3th.
Canady said he measured 1.39
inches of rain.
Volunteers Sweep Brunswick Beaches
BY DOUG R UTTER
Brunswick County beaches are a lot cleaner
this week thanks to the efforts of hundreds of vol
unteers who gave up their Saturday morning to
take part in Big Sweep.
Coordinators at Sunset Beach, Ocean Isle
Beach and Holden Beach reported that approxi
mately 400 people helped pick up cigarette butts,
aluminum cans, plastic bottles and other litter.
Folks also bagged debris Saturday at Long
Beach, Yaupon Beach, Caswell Beach, Southport
and Bald Head Island as part of Big Sweep, an
annual statewide cleanup of beaches, lakes and
Organizers in the South Brunswick Islands said
support this year was the best it's ever been.
Estimates on the number of volunteers included
175 at Holden Beach, 150-plus at Ocean Isle and
more than 100 at Sunset.
"I was very, very excited and favorably im
pressed by the turnout we had. It was biggest
turnout we've ever had. All in all I think the re
sults were great," said Sunset Beach coordinator
"People came from near and far. There were lo
cal residents from nearby communities. Sunset
Beach residents and 25 kids from a fraternity at
N.C. State in Raleigh."
Volunteers collected about 15 bags of trash on
the strand and another 10 bags elsewhere on the
island. A half-dozen people picked up enough lit
ter on Bird Island to fill two trash bags.
"The beach was already in pretty good shape
thanks to people who carry trash bags when they
walk the beach on a daily basis." Waldmiller said.
Waldmiller said the most common types of lit
ter found Saturday were cans, diapers and ciga
"One thing I can safely say is there were 1(X)
people here who would never throw a cigarette
butt on the beach after what they saw Saturday,"
One of the more encouraging things
Waldmiller noted was that volunteers only found
two plastic six-pack rings. "That's way down
from previous years," he said.
Waldmiller said the Big Sweep was a commu
nity effort, l^ocal merchants helped provide a hot
dog roast after the cleanup, and town employees
picked up full trash bags that were left beside the
At Holden Beach, an estimated I7S volunteers
turned out to clean up the strand, marshes, water
way and other areas of the island.
"It went really well. We had a big turnout,"
said Pat Sandifer, co-chairman of the Holden
Beach Bcautification Club's Beach Sweep pro
"People really worked hard. We cleaned up ar
eas that before have been passed over," she said
"We had a lot of folks from the mainland come
over. We had a lot of young people helping which
I was glad to see."
Common finds at Holden Beach included bot
tles. cans, plastic bags, construction material and
other debris that had been scattered on the island
during recent storms.
"Cigarette butts were just everywhere,"
Coordinators aren't sure how much litter was
collected at Holden Beach because many people
deposited their trash bags in dumpstcrs at the fish
ing pier. Campground By the Sea and town recy
"We gave out about 350 bags. Wc gave out
everything wc had." Sandifer said
The bcautification club is trying to organize a
cleanup every six weeks. Sandifer said the next
one will probably be held in early November after
the N.C. Festival By The Sea
Island Owner Wants
Tax Value Change
(Continued From Page 1-A)
Plans drafted tor development of
the island have evolved in answer
ing regulators' questions about
"what could happen to the island in
the future" and in determining what
"we would be allowed to do."
Poag is in the second year of what
he estimates will be a four-year per
mitting process; so far no agency
has either issued or denied a permit.
Both state and federal agencies
have said they will require a full en
vironmental impact statement (E1S),
at a cost Poag estimates will run
$250,000 to 5350,000. He believes
an assessment, which would cost
about $10,000, is more appropriate.
Poag said he thinks the agencies feel
pressured to seek the EIS because of
efforts by preservationists to block
development of the island and to
promote its public purchase and ac
Asked if there was any intent by
the state to "take" the island through
condemnation, Poag icpiicd, "I think
they arc effectively trying to do that
through the permitting process. I'm
sure we will have to face every ob
Most recently Poag and Price's
engineering and legal consultants
have asked the Sunset Beach Town
Council to amend the zoning of the
island to allow a more cost-effec
tive, higher-density development, up
to 60 single-family residences, dou
ble that now allowed.
The Coastal Resources Commis
sion recently endorsed Bird Island
Preservation Society activists' nomi
nation of the island as a coastal
complex area of environmental con
cern (AEC). A field evaluation has
confirmed that the area qualifies for
the special protection. The next step
is for the Office of Coastal
Management to develop proposed
site-specific use standards and/or a
management plan for the island. The
CRC will receive the final report at
its November meeting.
Meanwhile Society representa
tives have asked the N.C.
Department of Environment. Health
and Natural Resources to consider
denying Price's application for a
permit to build a bridge to the is
land. a key clement in plans for de
velopment of the island
The basis for their request is the
CRC's previous designation of Mad
Inlet as an "inlet hazard area" con
sidered unstable for most develop
ment because of its history of migra
tion. "Structures" larger than 5,000
square feet cannot be built there
The N.C. Coastal Federation, which
is the umbrella organization lor the
society, has estimated the proposed
bridge would be 120,1**1 square
Brunswick County Tax Admin
istrator Boyd Williamson said the
board would probably discuss the
request either this week or next. A
decision will be given within two to
Brunswick Not Selected
For 'Smart Start' Grant
Brunswick County's Partnership
For Children didn't make the fund
ing cut Tuesday for a $1 million
Smart Start grant.
"Thousands of selfless hours by a
lot of different people went into this.
We are deeply saddened, but we're
going to keep on plugging," said
Chairperson Lorraine (Lori) Bates.
"They said the applications were re
ally strong this year. I don't know
how we ranked."
Though Bates had "had no doubt"
Brunswick County would be select
ed, a committee had drafted a con
tingency plan of activity in the event
the application wasn't funded.
"TTiere are at least 30 things we
can do without funding. It's just a
matter of us prioritizing them," said
Bates. That process could begin
when the group's board of directors
meets next on Oct. 5. The activities
include compiling and circulating a
directory of services available to
children, preparing "kindergarten
readiness kits" of summer learning
activities to give to each youngster
who registers for kindergarten in the
spring, and continuing fund-raising
and public education efforts.
It was the second year the coali
tion of parents, agency and commu
nity groups had sought the state
funding to improve services and ed
ucational opportunities for young
children in the county.
TWelve applicants were chosen
last year and another dozen this
week by the N.C. Partnership For
Children, (he organization that allo
cates the state funds. Proposals were
funded this year for Duplin,
Durham, Person, Pasquotank, Nash
Edgecombe, Lenoir-Greene, Cata
wba, Forsyth, Chatham, Avery, Ashe
and Wilkes partnerships.
On Sal* At
ATEX GAS STATION
THE BRUNSWICK BEACON
eaSI uAic SuiiAne
HANDY HUGOS EXXON
KIRBVS STEAK HOUSE
MARGIE S RESTAURANT
OCEAN PALMS EXXON
SHADY PARK EXXON
Quick Action Is Sought
On School Funds Appeal
(Continued From Page I -A)
submit the ease record and the coun
ty's assignment of error to the ap
peals court by Oct. 1 and their writ
ten briefs by Oct. 15. They arc waiv
ing the right to present oral argu
ments to the three-judge panel that
wiii be assigned to review the case.
The agreement won't apply if ei
ther party decides to appeal tlte pan
el's decision to the N.C. Supreme
After Judge Thompson refused to
set aside or reduce the July 2 K jury
verdict, or to grant a new trial,
Rnin<:wirk County Commissioners
voted unanimously to appeal. The
county claims the trial judge erred in
not allowing the jury to consider the
county's overall spending needs and
ability to pay before reaching a deci
sion on the binding controversy.
The county had allocated S9.2
million as its share of the board of
education's 194-94 budget of $43
million, a decision that prompted the
school board to successfully take the
commissioners to court seeking an
other $4.6 million. Commissioners
say the increase, if upheld on appeal,
will require adding 10 cents to the
county's property tax rate.
While the funding dispute is on
appeal, the county will provide the
school system the same amount of
money from local sources it had to
operate on last year, $9.4 million.
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