The News-Tournal
Established 1928 ? - - -
Hoke nursing home
delayed until at least 1987
The earliest construction could
begin on a nursing home in Hoke
County would be the spring of
1987, a spokesman for one of the
two firms fighting to build the pro
ject said Tuesday.
A hearing date for an appeal of
a state ruling filed by Brithaven
Inc. has been set for October 1986,
firm spokesman Kathy Matthews
said Tuesday.
The earliest a decision would be
rendered would be January, 1987,
and if no further appeals are filed,
construction could start in the
spring when weather permits, Mat
thews said.
"We want to get started here,
but the process is slowing us
down," Matthews, who was in
Raeford Tuesday, said.
Brithaven filed the appeal after
losing the last round of a state cer
tificate of need application process
to Autumn Care Corp. last March.
Both Autumn Care and
BrithaVen filed applications for the
62 beds approved for Hoke Coun
ty over a year ago, and it could be
another two years before the mat
ter is resolved in the court system,
Matthews said.
A hearing which is set for next
week on an appeal of a Caswell
County ruling could set the tone
for other appeals, Matthews said.
"We may find out then how
long the appeals process takes,"
she said.
The Hoke County case is being
delayed because of over 35 appeals
which have been filed over nursing
home beds.
Decisions by the state on every
county where nursing beds were
opened for construction is being
appealed, Matthews said.
"There are only a handful of at
torneys who are competent to han
dle long term care appeals, and
there are only a handful of hearing
officers to go around," Matthews
said.
Although Hoke County was
awarded beds earlier than some
other counties, the local case has
been delayed towards the end of
the hearing schedule.
"There is no reason to the
scheduling, other than case
loads," she said.
"Some good might come out of
Hoke County's delay in construc
tion," she said, noting that state
laws might be streamlined to
facilitate speedy decisions in
awarding beds.
A spokesman for Autumn Care
said recently his firm was ready to
begin construction on their nursing
home here.
Although Autumn Care was
awarded the project by the state,
nothing can be done until the ap
peals process is completed.
A decision from the October,
1986, hearing could be delayed un
til January, 1987, because at
torneys must file legal briefs and
transcripts must be prepared
before hearing officers can rule on
the case, Matthews said.
If Brithaven is able to overturn
the state's decision, then Autumn
Care could appeal to the state
Court of Appeals, which would
delay construction further.
"We feel badly about the delay,
but we feel strongly that we are
right," Matthews said.
Although Autumn Care would
like to see Brithaven drop its ap
peal, Matthews says that move is
unlikely.
"If we did not think we were
justified, we would not be appeal
ing," she said.
If the circumstances were revers
ed, Autumn Care would not drop
their appeal, Matthews said.
"They have got just as much at
stake as we do," she added.
Another downfall
Heavy rains washed over Hoke County on Tuesday. The deluge came
on the heels of last week's 4.5 inch downpour. According to Hoke
iPhnio Mrphen Hlt\t
C ounty observer Robert Gatiin, about an inch of rain fell on Tuesday,
giving this downtown Raeford scene a reflective finish.
'Jailhouse' suit
targets sheriff
A "jail house" lawsuit has been
filed in federal court asking for
$1.1 million in damages against
Hoke County Sheriff Dave Barr
ington and three other local law
enforcement officers.
The suit, which was filed in early
August, but not served on local of
ficers until late October, seeks
damages on behalf of Sherwood
McLean.
McLean, who is currently serv
ing a 25-year sentence in the
Caledonia Correctional Facility in
Tille'ry for a 1983 armed robbery,
filed the action himself.
In the suit, McLean claims he
was severely beaten by Barrington,
Deputy J.W. Jones, De?. Ed Har
ris and Jailer Ralph Tindall while
he was confined in the Hoke Coun
ty Jail.
The assault allegedly occurred
after McLean's conviction on the
armed robbery charges and before
he was transported to Central
Prison in Raleigh.
In addition to the assault,
McLean, who is an epileptic,
claims the defendants in the case
disregarded his medical condition
and subjected him to "unnecessary
pain and suffering."
The actions taken by the defen
dants violated his rights under the
United States Constitution,
McLean says in the suit.
Although Hoke County At
torney Duncan McFadyen could
not comment on the suit, McLean
says the defendants claimed the in
juries he sustained were caused
when he fell against a soda
machine while having an epileptic
seizure.
The attack on McLean allegedly
occurred on May 18, 1983, the day
he was convicted by a jury and
sentenced to 25 years by Superior
Court Judge Robert L. Farmer for
the armed robbery of Jack Tucker
on March 2, 1983.
In an emotional outburst follow
ing the verdict, McLean, aka
Popeye, swore "not to waste the
taxpayers' money" by going to
jail.
"1 won't take my seizure
medicine, and that way I won't
waste the taxpayers' money,"
McLean said in court, tossing a
handful of capsules on the defen
dant's table.
McLean complained to Judge
Farmer, that his case was a
"miscarriage" of justice, and that
he was innocent of the charges.
One of the witnesses to the alleg
ed beating of McLean was a c?
defendant in the arm robbery o?
Tucker. .
Alexander McArn, who claimed
he saw the attack from his Hoke
County jail cell, testified that dur
ing the 1983 trial that McLean had
participated in the armed robbery.
During the trial, McLean had re
quested that McArn testify against
defense attorney Phil Diehl's ad
vice.
McArn's testimony apparently
contributed to the evidence against
McLean.
McLean is seeking $250,000
from Barrington and $150,000
from Jones, Harris and Tindall in
compensatory damages.
In addition, the plaintiff is seek
ing $100,000 each from the defen
dants in punitive damages.
No date has been set for the
case.
The suit against Barrington is
the fourth filed in recent months.
In the other actions, the sheriff
is named as a co-defendant in over
time wage disputes filed by
deputies and former deputies.
A defense of McLean's suit will
be covered by Hoke County's
liability insurance, County Man
aged William Cowan said.
Old National Guard Armory listed for sale with state
One of the oldest public
buildings in Hoke County is being
offered for sale as a location for a
prospective industry, members of
the Raeford-Hoke Economic
Development Commission were
told last week.
The old National Guard Armory
on Central Avenue in Raeford is
being offered as an industrial site
for around $200,000, Economic
Developer John Howard said.
A decision was made to sell the
building by members of the Hoke
County Commission during a
closed executive session held Oc
tober 21.
A listing of the available site will
be made with the North Carolina
Department of Commerce so it can
be offered to a wide variety of pro
spective clients.
"The offering for sale does not
negate the use of the building for
other purposes (like a community
center), but priority goes to in
dust rial development," Howard
said.
A sale would include the 12,000
square foot building and 1.4 acres
of land.
The Armory Ball Park would
not be included in the initial offer
ing, Howard said, noting that the
additional four acres could be add
ed if it were needed.
The old armory could be easily
converted for community recrea
tion events, a recent survey of the
building by an engineer from the
state Department of Cultural
Resources showed.
"Its unusual layout, consisting
of a large central open space sur
rounded by smaller rooms, would
lend itself well to community
recreational uses," Restoration
Specialist Peter B. Sandbeck said
in a recent letter to Howard.
Indoor athletic events, exercise
classes and even performances
could be held in the large gym
nasium portion of the building,
Sandbeck said.
The smaller rooms on the side
could be used for offices,
classrooms or studios, the engineer
said.
"The building is a prime can
didate for continued preservation
and re-use as an active community
facility," Sandbeck said.
No evidence of structural
damage was found and the only
evidence of problems was a recent
ly repaired leaking roof.
"Since its construction between
1935 and 1937, the armory has
been well maintained and preserv
ed," the engineer added.
The armory would be suitable
for a "cut and sew" type operation
or for an electronics assembly
plant, Howard said.
Members of the county commis
sion might also consider a lease of
the building at a price of about S2
per square foot per year.
DSS investigating 105 food stamp fraud cases
The Hoke County Department
of Social Services (DSS) is in
vestigating 105 current cases of
suspected food stamp fraud, and
officials hope to recover as much
as $75,000 annually under a new
crackdown program.
A computer hookup with the
North Carolina Employment
Security Commission (ESC) is
helping with the discovery of the
fraud, Hoke County DSS Director
Ken Witherspoon said.
As of Wednesday, local DSS
Fraud Investigator Allison Poole
had 105 cases under investigation,
and has recovered about $4,700
since September, Witherspoon
said.
Many of the cases are being
discovered because of information
obtained from the ESC office,
which shows that food stamp reci
pients have falsified records about
their employment and income.
There is a lag in the information
process, and food stamp recipients
may not be apprehended until they
come up for renewal every six
months, Witherspoon said.
"Sometimes we discover they
are working when they come in to
sign up for stamps, but we do not
catch them for six months," the
DSS director said.
Although about half of the cases
can be handled out of court, DSS
has been receiving convictions in
District Court recently.
Two local residents were con
victed two weeks ago in Hoke
County District Court for fraud
and ordered by Judge Warren Pate
to repay the funds.
Three more cases have been
placed on the court docket for
hearing in the future. ?
Cases are usually handled ad
ministratively when there is some
question about the intent of the
recipient to commit fraud.
"Sometimes there is a gray area
where we can't prove they intended
to fraudulently take the stamps,"
Witherspoon said.
If found guilty, those recipients
are disqualified from food stamps
and made to repay any funds
which are outstanding.
(See FRAUD, page 2A)
Packing cotton
Wheels are turning this time of
ytar at the Oakdale Gin. We
take a look at the county ginn
ing operation on page / of sec
tion B in today's News-Journal.
Around Town
By Sam Morris
The weather Monday seemed as
if summer was returning to
Raeford. The temperature was
near 80? and the sun was shining
bright. Last Saturday morning it
felt like winter. There was a heavy
frost and the temperature was near
the high 30s.
It is forecast for the temperature
to remain warm until Saturday and
then winter will return. ,
(See AROUND, page 2A)