Vol. 87 No. 8
Thursday, February 19, 1987
Chandler Retrial Moved To Buncombe
Junior Chandler
. . .faces retrial
By BILL STUDENC
Editor
Andrew "Junior" Chandler will
travel to Asheville next month to
stand trial on charges that he sexual
ly abused seven Madison County pre
school children.
After a three-hour hearing in
Madison County Superior Court on
Friday, Judge James A. Beatty Jr.
ordered the retrial of Chandler, 29,
moved to Buncombe County.
The retrial is scheduled to begin the
week of March 30, according to a
spokesman in the office of the Bun
combe County Clerk of Superior
Court.
Beatty cited rumors of weapons be
ing snuck into the Madison cour
troom, frequent contact between
jurors and trial participants and
other security problems as the
reasons for moving Chandler's retrial
out of Marshall.
Beatty presided over the two-week
trial of Chander, charged with seven
counts each of First-degree sexual of
fense and taking indecent liberties
with a minor and two counts of crime
against nature.
Beatty declared a mistrial Feb. 2
when a seven-woman, five-man jury
reported it was hopelessly deadlock
ed, with no hope of reaching a ver
dict.
Chandler's attorney, Talmadge
Penland of Asheville, argued that the
prosecution had asked for a change of
venue because it was not satisfied
with the outcome of the first trial.
Penland said the prosecution's mo
tion reminded him of "the little boy
who wants to play baseball but
doesn't like the way the game is go
ing, so he takes his ball and goes
home."
"We don't want Buncombe County
handling Madison County business.
This is a Madison County matter. The
history of this country and the history
of the American judicial system says
a man is entitled to be tried by his
neighbors in his neighborhood,''
Penland argued.
"This young man ought not be haul
ed out of Madison County and tried
somewhere else," he said.
Assistant Attorney General Ellen
Scouten, who asked that the retrial be
moved for security reasons and
because of the amount of publicity
generated in Madison County by the
first trial, argued that the prosecu
tion has the same right as the defen
dant to a trial by "a fair and impar
tial jury." Such a jury would be dif
ficult - if not impossible - to find in
Madison County, Scouten said.
Scouten called Chief Deputy Dal
Peek of the Madison County Sheriff's
Office, 24th Judicial District J.
Thomas Rusher and Line Sgt. Robert
Walsh of the N.C. Highway Patrol to
testify about complications that arose
in Chandler's first trial.
Peek testified that he received
several reports of "rumors of people
spotting what appeared to be
weapons in the courtroom." Beatty
ordered authorities to use a metal
detector to search courtroom spec
tators during the final days of the
trial. Several auxiliary deputies and
state Highway Patrol troopers were
called to provide additional security
at the trial.
Peek also testified that having
three of the county's four deputies
tied up in the courtroom prevented
them from doing their regular duties.
Rusher testified that Madison
County Superior Court has a backlog
of cases because of renovation work
on the courthouse last year. Holding
-Continued on back page
Talmadge Penland
argues against move
BILL STUDENC PHOTO
Winter weather just seems to want to keep
hanging around Western North Carolina, as
evidenced by these icicles on a rocky out
cropping on U.S. 25-70 in Marshall.
All Of The Above
Mother Nature Dumps Snow, SleeV Rain On WNC
[7 ; .. ?? ir
By ANNE KITCHELL
Staff Writer
Once again, the weather made
the news all over Western North
Carolina this week as Mother
Nature could not decide if she
wanted snow, sleet or rain.
She opted for "all of the above,"
dumping two inches of ice, sleet,
snow and freezing rain on WNC.
Monday's onslaught of gloppy
slush restricted motorists and
closed schools and businesses in
Madison and Buncombe Counties.
Nearly 4,000 Madison County
residents were without power for
up to two hours as ice-caked limbs
fell under the weight of ice and
snow, snapping power lines.
According to Iverson Bradley,
district manager of French Broad
Electric Membership Corpora
tion, local crews worked
throughout the night Monday to
correct a problem at the substa
tion at Walnut.
"A tree went down out in Walnut
Creek causing outages all over the
area," said Bradley.
"Bald Mountain was hit the
hardest," Bradley said. "They
had nearly an inch of ice on the
timber, felling a lot of trees and
branches."
Power was restored to most
areas by Tuesday afternoon. 1
Burlin Coates of the N.C.
Highway Department said road
crews worked round the clock
Monday and Tuesday to clear and
salt main and paved secondary
roads.
By late Tuesday, most of the ice
had been cleared and driving con
ditions were good, said Coates.
"We're just waiting for the next
storm. We'll be ready," Coates
said.
They may not b? waiting for
long. The weather forecast for
Madison and North Buncombe
counties was calling for more
precipitation - probably in the
-Continued on back page
Businesses May See Sewer
Rates Drop In Mars Hill
By BILL STUDENC \ ? ;
Editor
Business and commercial se^er
customers in Mars Hill may se* l^eir
sewer rates go down, if an or^ K^ng
study of the town's rate strfu$oire
finds a way for the syst^hi to
generate additional revenue, j
The Mars Hill Board of Aldermen
met last week to hear a report from
Hansen, Johnson and Associates, a
Hendersonyille accounting firm, on
? the town's rate structure.
Mars Hill officials are hoping that
the accountants can find some way
for the town to lower its sewer rates
to business and commercial users,
without putting the new, $2 million
sewer system on shaky financial
footing.
"We feel like these rates for the
commercial and business users are
just too high," said Mars Hill Town
Manager Darhy) Boone. "But we're
trying to figure out how we can
reduce their rates, but still have
enough revenue to have a net cash
flow."
Currently, the town charges
business and commercial sewer
according to the following
fate schedule:
the first 3,000 gallons of
i for the next
per tjooo fo? the next 5,000
gallons.
? $4.50 per 1,000 for all usage
greater than 10,000 gallons.
Many Mars Hill businessmen have
told town officials that they simply
can't afford those kind of rate6.
Residential customers pay $10 for
the first 3,000 gallons; $2 per 1,000 for
the next 2,000 gallons; )1 per 1,000 for
the next 1,000; and, SO cents per 1,000
for all usage over 10,000 gallons.
"It (the high sewer rate) is a hard
burden on these business owners,"
Boone said. "The town is trying to
figure out a way that we can generate
revenue some other way to give these
business owners a break, so they
won't get hit with such a big bill."
One possible plan that the ac
couting firm will be looking at is an
increase in revenue from Mars Hill
College. And that could mean an in
crease in the sewer use rates now
charged to the college, which had
maintained its own sewer system un
til tapping onto the town system last
year.
Although Mars Hill College pays
the same sewer rate up to 10,000
gallons usage, the rate for usage over
-Continued on back page
Sheriff Slightly Injured In Wreck
In Tennessee; Chief Deputy Cited
By BILL STUDENC
Editor
Madison County Sheriff Dedrick
Brown received slight injuries in a
three-vehicle accident Saturday
afternoon during an investigative trip
to Johnson City, Tenn., according to
Tennessee police.
Brown's Chief Deputy Dal Peek
was driving the county's blue, un
marked patrol car at the time of the
accident and was charged with
following too close behind another
vehicle, according to the Johnson Ci
ty Police Department
Brown and Peek had traveled to
Johnson City after receiving a tip that
merchandise stolen during a recent
Madison County break-in might be
located there, Brown said Monday
morning.
Brown declined to say what break
in he and Peek were investigating,
saying that the release of that infor
mation could tip off the burglars.
Peek was driving the county's 1985
Ford LTD patrol car when he crashed
into the rear of a vehicle driven by
Judy A. Walker of Johnson City at
about 5 p.m. Saturday, according to
the report of Johnson City Officer
J.A. Harvey.
The impact of that collision knock
ed Walker's vehicle into a vehicle
driven by William H. Schultz Jr. of
Elizabeth ton, Tenn., according to
Harvey's report.
The two vehicles were stopped at
the intersection of North Roan and
East Chilhowie streets for an uniden
tified track which was having
mechanical problems, Brown said.
Walker and Brown were slightly In
jured in the accident, according to the
accident report. Neither required
hospitalization for the injuries, said
Johnson City Police Department
records clerk Christine Whistin.
Brown estimated the amount of
damage to the patrol car at about
$1,000.
County Barely Beats
Insurance Deadline
By BILL STUDENC
and BRENDA PARKER
The Madison County Board of Com
Tnitihmrt. facing the cancellation of
all of the county's insurance
coverage, has agreed to purchase
three separate insurance policies
The county's former policy expired
at midnight Feb. U, after county of
ftciak pleaded for and received a
r
been due for
of skyrocketing insurance
the county has been forced to
unable to give county officials a price
for the coverage, but said it would
come at "standard rates."
Seawell, a company out of
Greensboro, will insure the county
ambulance vehicles, at a cost at
$6,500 a year.
Nationwide Insurance Gs will in
swe the sheriff's vehicles, at a cost of
|i, 01152 a year.
The N.C. County Commissioner's
Association offered to |>r:'' ide all of
the
- a yeai
But the board agree
last w?ek to go with I
.
On Schedule
f a n
tttt3u.s sSiRg
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t at th?
Home say?
a
and s ay that work is proceeding according
elude a Food Lion inccry store, two
h-nk* a tti<g? ret* il *?* and several
by
- ..
Wj>. ..
Aldermen
Take On
New Jobs
By ANNE UTCHELL
Staff Writer
The Hot Spriafl Board of AMarmen
ku given Itaalf additional respon
mm*.
During its regular monthly
Hot SBrioga Mayor Kenny
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