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|?THE CAROLINA INDIAN VOti H
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M _ "Building Communicative Bridges I DnflFRAM /VV
I t PEMBROKE. N.c J/? A Tn-raqal Setting." RUgfcSmW UUL |
B >, DtXJEMBER W, 1987 J
ZABF1VSKYFAMILYATTORNEY SAYS
REALPROBLEM
ADMINISTRATION OF JUSTICE
by Eddie Halrher & Cortnee Rmubov uumiiuiwri. "So. Kddie Hslfher claimed a stake-out" with
Al ter nearly 11 hours of testimony Friday, a jury of six found
Sheriff s Deputy Mark Lucklear acted in self defense in the
shooting death of Pembroke resident Edward "Doodlebug"
Zabilosky.
The three men, three women jury also found that Pembroke
Police Ulfice Graylin Locklear, 22, is innocent of any
wrongdoing.
Testimony began shortly after 9 a. m. when District
Attorney Joe Freeman Britt called his first witness, Phil Ellis
Strickland of Pembroke.
Britt calmly asked Mr.Strickland if he had seen or talked
with the victim, Edward Zabilosky on the night of the
shooting. Mr. Strickland stated that he had seen Edward
about three different times on the night of the shooting and
that Edward had approached him in the parking lot of the Busy
Bee, a Pembroke convenience store, and "laid a .357 pistol in
his lap and asked did he (Strickland) know anybody who
would be interested in buying the gun. Stickland also testified
lahl later that evening he saw Edward and Edward stated that
he was going to "f---lhe law up."
Unlike the witnesses testifying on behalf of Edward
Zabitoskey, Brill didn't inquire into Strickland's past
convictions, if any. Britt claimed proof of credibility in
questioning criminal records of witnesses offering testimony
contract to that of law enforcement and the State Bureau of
bivesUgalion.
Bill Kansome, the prisoner who was being transported to
Ute county jail when the shooting occurred, was brought from
the holding ceil to the stand. After only a few questions by
Unit and Pembroke attorneys Arnold Locklear and Ronnie
SuUon who represented Ifeputy Mark Locklear and officer
(Jraylin locklear. respectively, Ransome was questioned by
Barry Naked, attorney for the Zabilosky family.
Kansome stated that several law officials came to his house
and arrested him for allegedly shooting into his house.
Hansome further slated that Deputy Locklear had threatened
beaung him with his flashlight and said he, (Deputy Locklear)
was going to "knock the g-d - hell out of him." Ransome also
staled that Deputy Locklear "called me a punk and said he
ought u> beat the hell out of me."
After questioning by Nakell, Britt again quesuoneo
Hansome. only to read all of Kansome's past conjvictions,
elaborating on each for the "jury," Attorney Naked stood and
objected only to be over ruled by Coroner Chalmers Biggs.
"Before the objection is heard" questioned Nake)l. After
Naked presented grounds for the objection. Biggs a^ain over
ruled the objection.
Testimony for the slate concluded after Lee Aljen, SBI
Agent, read page after page of conversations he had bad with
Mac logerton, Director of Center for Community Action, and
Vernon Blackhorse, a Pembroke resident. With objection after
objection being over ruled by Coroner Biggs, Britt continued
to allow Allen the open forum in which to read the rumors.
Allen read a statement made by Eddie Hatcher wherein it
was slated the Pembroke Police had heavily patroled Blaine
Street in Pembroke the night of the shooting. Edward
Zabilosky had reportedly left a residence on Blaine Street
prior to Deputy Locklear tailing him and subsequently
shooting him.
During the reading of Hatcher's statement by Allen, Britt
Allen replying, "Well, Mr. Hatcher said he had seen more
police activity that night than the entire six months he had
lived on blaine Street."
Hatcher later stated, "Allen knew he couldn't say I had
claimed a slake-out He knew that I had my statements on tape
and he had better not lie about what I said." Hatcher also
said, W hen the SB1 called me and wanted to talk with me, I
met them with a tape recorder in my hand. They asked me
why 1 wanted to record, and I told them I didn't trust them.
And that 1 did not want my statement twisted. After what I
saw Friday, 1 am glad I did tape my conversation."
Nakell called several witnesses for the family who were
present during or immediately after the shooting.
Derena Kay Chavis testified that she asked Deputy Locklear
immediately after the shooting had he shot Edward and he
said no. She then asked Officer Locklear had he shot Edward
and he said, "I did or yes," she couldn't remember which.
On cross examination. Brill hounded Ms. Chavis about her
past convictions. '' That has nothing to do with this case,"
replied Chavis. Britl continued to press her past convictions
when Ms. Chavis stated: "Get Garth Locklear up here and ask
him, if you want to know." After continuing that line of
questioning, and several objections by Nakell being over ruled
by Biggs, Ms. Chavis with a raised voice said, "O.K. You
want to know what I was convicted for. I was convicted for
taking a bag of cocaine that belonged to Garth Locklear's
nephew out to a car. They took me out of school and put me in
Women's Stale Prison in Haleigh, but they didn't take Garth
Locklear's nephew out of school."
Garth Locklear, Director of Homecide for the Sheriffs
Department, is seeking election to the North Carolina House
of Representatives.
W hen Nakell called Sheriff Hubert Stone to the stand, he
was informed that Stone had left the courthouse. Nakell
reminded Coroner Biggs that Stone was under supena and it
may be necessary to issue a warrant for the Sheriff s arrest for
failing to appear under supena power. Coroner Biggs ordered
a recess until 7 p.m. at which time Nakell asked if Stone would
be in the courtroom by then. Biggs replied, "yes."
W ith Stone finally taking the stand, Nakell made requests
for the policies which cover officer conduct within the Sheriffs
Department. Each request was objected to by Britt and
sustained by Biggs.
Deputy Locklear and Officer Locklear refused to take
the stand to invoke the Fifth Amendment According to
Nakell, a knowledgeable law professor at UNC Chapel Hill,
the officers did indeed have the right to invoke the Fifth
Amendment however, "they must take the stand to do so."
Contacted in Chapel Hill, Nakell stated: "There is a real
problem with the administration of justice in Robeson County.
T here was a need for the citizens to make sure the inquest was
thorough. Evidence showed the officer, if he had more
experience and belter judgement could have avoided the
situation. Since he was in it, he probably acted in self
defense." And he continued, "I think the community has
shown justifiable concern and has set a new standard for these
matters. 1 think there is more room for improvement Hie
Coroner tBiggs) should not have let the D.A. (Britt) run the
proceeding. And the D.A. should not have been so abusive.
But this was a strong step forward for the community."
WHATEVER HAPPENED TO...
David R. Dowry Sr.
by Barbara Bruyboy-bocUear
Special to the Carolina Indian Voice
Most eighty-year-olds today are enjoying a rest on their
laurels; yet some prefer to wait awhile. David R. Lowry, Sr. is
among those waiting. "No! I've never retired. I can't catch up
long enough to do that," laughs the 81-year-old Lumbee
Indian. "Lord, I've always worked, and I don't plan to quit
intii 1 absolutely have to."
Until about 12 years ago, Lowry farmed in Robeson County,
?t had been a way to support his nine children born to him and
his wife, the former Hearther Monroe. As the children left
home, he began to give thought to leaving the vocation he'd
known all his life.
"Farmwork had become hard at times, and I just didn't
have enought help at home to continue fanning," he says. He
says he especially misses being in the fields and being a part
of nature. The family farm is now rented by a neighbor.
When Lowry lay down his farming implements, he picked
up a welding torch and began work as a welder's helper with a
Fayelteville firm. One day when work got behind, he was
asked if he could weld. His answer was, "1 can't, but TU toy."
Consequently, he has been working as a welder for the past
wn joui.
Mornings for the great-grandfather begin about 5 o'clock
when he rises, dresses and has breakfast enroute to his 7:30
a.m. job in Aberdeen. He owns two driver's license- one for
automobiles, one for motocycles. And when he wishes, he puts
on his helmet, gets on his 12-year-old Harley Davidson Efoctra
ilide and rides to his work. "I got my first motorcycle 58 years
igo, and I've been riding motorcycles every since," he says,
lie adds that he prefers the Hariey Davidson over other bikes
decause it's the best-riding of the bikes on the read today.
"It's not the speediest bike, but it's heavy and rides better.
I've had it up to 100 m. p. h. one or two times since Tw had it,"
he chuckles. An absolute rule of the bike owner Is that
nobody, except himself, rides his bike. "Every Tim, Dick and
Harry will keep it torn up, so I let nobody rids It."
Lowry prefers to ride on the open highway singiely and
says, "Hiding partners get in each other's way." A bike
accident once landed him in the hoeptial for a three-weeks'
stay, but it didn't break his spirit for riding bikes. He ia quick
to deny being a dare devil.
During good weather, he can be sean riding through the
daddletree community where he Mvea. Lowry says his wffo
s166 years does not share his iateeset in bike-riding, but he
does have an older brother who eecngfoeally rides wtth hfaa.
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Alter he puts in a 40- hour work week. Lowry spends FYidays
and week-ends "messing" around his house and at Mt Olive
Baptist Church where he serves as a deacon. During the past
six years, he has donated hundreds of hours in helping care for
and clean the church he has attended his entire life.
He no longer takes part in outdoor hunting and fishing
activities and says. "Td rather dig stumps than go fishing. I
never did like the idea of throwing a hook in the water and
couldn't see a fish right away." He says'he'd rather buy fish
than try to catch them.
Lowry says he didn' thave the opportunity to go to school as
a young boy. "I got my education in the field of hard woifc.
The young generation is laay," he laments. "A few yean
down the road if they don't learn to work, they're going to
perish to death."
His philosophy on having too much work to do is, " Just take
your time. What you can do, do it What you can't do. just let
it go."
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Adolph Dial Announces Candidacy
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For N.C. House of Representatives
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PEMBROKE BTATE UNIVEBim^Jj
m Dr. Adulph Dial Itikoum in front of Old Main, Pembroke State
University's campus landmark.
Adulph I Hal announced on Friday that he would file
January 4, 1988 as a candidate for the N.C. House of
Representatives for the ltith Judicial District. This District is
composed ol Hobeson, Hoke and "most of" Scotiand
Counties. He made his announcement at a press conference
held at Old Main, the only historic building on the PSU ,
campus.
Dial was introduced by Earlie B. Maynor. In hit
introduction, Maynor reminded the audience of the
significance of Dial's announcement at the historic tile.
Dia s grandfather, W ,L Moore, was the first principal and
teacher of the L'roatan Indian Normal School, established in
186.. The Normal School was the forerunner to Pembroke
Stale University,
Dial said if he were going to list his concerns according to
prion ties, education would be first- "Most problems," he
staled, "can be solved with education...I will support literacy
education to attract employment opportunities."
Another concern has is health service. If he is elected, he
said, "I will promote health services. I am concerned about
the growing health costs just to stay alive."
Dial is very definite about the need for economic
development. "Everyone," he said, "must have a job.
Industry is important, but not at the expense of our
environment. 1 am opposed U) GSX. I don't want to see the
lumber Kiv.*r which runs through our counties polluted."
Dial said that he is a man of common sense. This attribute
along with his varied experiences, he felt, would be useful to
Lhe people of the 16th District Having spent 40 years in
education. Dial feels confident about his understanding of the
needs of education. He has been a farmer, and is concerned
with the problems in agriculture. He stated that he would Ulm>
o see this area do more produce farming. "We should grow
hose vegetables," he said, "that supply the need at Campbell
imp."
"Being a businessman," Dial said, "I feel assured that I
could offere valuable assistance in the area of industry."'
Dial is presently serving as Chairman of the American
Indian Studies Department at PSU.
An author, lecturer, businessman, and educator, Dial said
that he would be a candidate for all the people. "Dial for tha
People" is his slogan. He concluded hie speech by saying,
" Let us sail together into the port of victory where there is ad
prejudice and no greed."
Dial announced also plans for a tri-racial and tri-'
county committee for his campaign.
LOCAL HAPPENINGS
PLATE SALt: PLANNED
A plate sale will be held on Friday, December 18, 1987.
The sale ol barbecue and chicken plates will be held at the
former LKDA Annex in Pembroke. (The building is now called
Walktng the Sumr Ptith, hu\ Plates will sell for $3?nd the sale
will begin at 11 a.m. and last until....
INDIAN MINISTERS ASSOC. SEEKING CONTRIBUTIONS
The North Carolina Indian Ministers Association is seeking
contributions for the needy to be distributed during the
holiday season. You are asked to please make your
contribution at the Baptist Building, across from Pembroke
State University, or call Rev. James Dial at 321414(5 for more
information.
Thus far $128.00 has been raised. Please make your
contribution so that others may benefit.
LITHOGRAPHS OF RHODA' STILL A VARABLE
Harvey Godwin, vice-chairman of the Robeson Historical
Drama Association, recently announced that there are still
many prints available of the painting "Rhoda" by Ellis
Sampson. Sampson was commissioned to do painting of Rhoda
Strong Lowry, wife of the Lorn bee folk hero Henry Berry
Lowry, with all proceeds going to support "Strike at the
Wind!" the outdoor drama which chronicles the life and times
of Henry Berry Lowry. The original painting was auctioned &
sold for $9,000 to Pembroke businessman, Adolph Dial. ,
According to Godwin, 260 lithographs were printed and are
being sold for $100 each. Godwin believes these prints would
make a truly unique Christmas gift and urges the public to
help support"Strike at the Wind!" by purchasing one of the
remaining prints.
For more information contact Robert Locklear at the " Strike
at the Wind!" offices at 521-2489 from 9 a.m.-S p.m., Monday
through Friday. Godwin may be reached at 521-2760 or
521 8429.
WILMINGTON CHORAL SOCIETY TO PRESENT CONCERT
The Wilmington Choral Society will present its Fall
Concert on Monday, December 14th at 8 p.m. at St. Pauls
Episcopal Church which is located at 16th and Market Streets
in Wilmington, lhe concert will feature Bach's "Komm,
Jesu, Komm," Vivaldi's "Magnificat" and other short
seasonal choral works. Hie public is invited to this concert and
no admission will be charged for the performance.
CNILDRENS CHOIR TO
PRESENT MUSICAL
The-Children's Choir of
Be res Baptist Church will be
presenting thfe Christines
musical "Getting Resdy For
The Mirsele" by LMda Re
buck end Tbm Fettke, on
Sunday evening, December
20, at 7 p.m. This choir is
under the direction of Mrs.
Felecia Maynor Lochia aT The
performance is free and open
to the public and will be held
at Berea Baptist Chuieh of
Pembroke.
i'. - iW
Suit Filed by Former LREMC
Board Member
by Eddie Hatcher
Special to the Carolina Indian Voice
Attorney Barry Nakell, a UNC- Chapel Hill law professor,
has filed suit in Robeson County Superior Court on behalf of
Reverend Elias Rogers naming Lumbee River Electric
Membership Corporation and Conrad Oxendine as respon
dents.
The petition is seeking to "hold a hearing on this petition
and, upon completion of the hearing, set aside the elertion of
respondent Conrad Oxendinq(to the board of LREMC and
order a new election for that seat."
The petition charges that two members of the Sections and
Credentials Committee for LREMC, which is established
under the LREMC bylaws to carry out the election and "to
pass upon any protest or objection filed with respect to any
Election," were not qualified to serve.
The .petition further stales that, "had they (two members!
not participated on the committee, the result of both the
October 20 and November 3 meetings would have been to set
aside the election,"
The two members in question are Mr. Jimmy Goins who is
nephew by marriage to board member Bradford Oxendine,
and Ms. Janice Bullard who is related by blood and marriage
to board member Gus Bullard.
LKMC bylaws clearly stipulate that Credentials Committee
members must not be "close relatives of existing directors or
known candidates for directors to be elected at the meeting."
Cluse relative is defined within the bylaws as "a person who ks
a spouse, child, parent, grandparent, brother, sister, aunt,
uncle, nephew or neke by blood or in law, for the principle
person."
Jimmy Goins was nominated to the Credentials Committee
by board member Timothy Strickland and Ms. Janice Bullard
Was nominated by board member Qua Bullard.
The suit also charges that "persons acting on behalf a
Conrad Oxendine and with his approval, including Board
President Ward Clark, Jr., paid or offered to pay mors than 40
members of LREMC S3 in exchange for votinv fop maw nrUnt
Conrad Oxendine against petitioner.
The auil continues to charge that'persons acting oa behalf 1
of respondent Conrad Onndine and with Ma approval
including Bond President Ward Clark, Jr., Intimidated and
harassed preventing them from obtaining campaign literature k
supporting petitioner or taking such literature a wartram dwm
if ther did obtain it and preventing than from bearing
campaign appeaia on behalf af petitioner."
Kev. EUaa Rogers was contacted lor mbmH whereupon
ho stated, "The only thing I ashed for was a fair sisction and
they didn't want that eol had no choiae bet to go iaaocanrt."
Rogers further added. "I think they Just ceiled the asrefcd
meeting (Nov. 8) because they had lathnidnled a cenpb af the
And Timothy Suicttand and Gw BuUard appoint^ neteea and
"Tart Clark, Jr. could not he reached far caret set
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