The ews I oumal 'If it happened^ it's news to us' No. 31 Vol. 91 50 cents Wednesday, November 4,1998 See us at www.dicksonpre5s.com Unofficial Election Results 8A •r4f, Church Homecoming Page 1B Births 4A Calendar 2B Classifieds 9-1 OB Deaths 4A Editorials 2-3A Engagements 3B Legals 8B Public Record 4A Religion 6-7A Socials 3B Sports 9-1OA TV listings 6-7B Weddings 3B Around Town By Sam C. Morris Contributing Editor The weather has been nice for the past week. We have finally gotten away from the 90 degree temperatures. We could have used some rain. It seems that it was about a month ago since it rained. As I write this column on Monday after noon, the weather report im plies that we could have some rain tonight or Tuesday morn ing. 1 hope so. The forecast for the remain der of the week, Wednesday through Saturday, calls for cooler weather. The highs for the period will be in the 5()s and the lows in the 40s or high 30s. There could be some rain on Thursday. ♦ * ♦ ♦ * The participants of the Leadership Hoke will start work on Thursday. The day is known as History Day and they will travel over the county and be informed at many places about the history of Hoke County. The program is sponsored by the Raeford- Hoke Chamber of Commerce and Sandhills Community College. Once again I will give the (See AROUND, page 5A) Raeford #5 sweeps Davis into office 1 By Pat Allen Wilson Staff writer At 10:30 p.m. last night, Wayne Gardner was leading Jim Davis by 344 votes in the race for sheriff. One precinct, the pre dominantly black Raeford # 5, was yet to come in, and, for Gardner supporters, that was the killer. At 10:40, the precinct chief judge arrived and gave the vote count to an election official. With eight votes for Gardner and 544 for Davis, the victory went to Davis. The final count was Davis, 3,748; Gardner, 3,556. If the un official vote stands, Davis will become Hoke County’s first black sheriff when he takes of fice on December 4. Yet to be counted are more than 200provisional votes.These are ballots that will be held until the voters are verified. Elections officials will begin verification at 4 p.m. tomorrow. Davis won the Democratic primary in May, defeating in cumbent Sheriff Wayne Byrd by (See DA VIS, page 12A) 98 Election Davis wins Al !'k V " V 'i- lit" . 'W I't ^7i -I' t By a margin of approximately 200 votes, jim Davis defeats Wayne Gardner in Hoke County’s most watched contest. Judge drops charges against Hicks in Sivak case By Pat Ai.len Wilson Staff writer Because he had been delayed by accidents on Aberdeen Road, Sheriff Wayne Byrd almost missed Superior Court Judge Jack Thompson’s announcement in Sanford that Deputy Frank Hicks, 42, was“justified in using deadly physical force” when he shot David Michael Sivak, 32, to death on Labor Day weekend in 1997. Byrd, who has supported Hicks and kept him on staff duty even after he was indicted on voluntary manslaughter charges almost a year ago, had not missed a day of the trial that lasted just over a week. The judge ruled first thing Tuesday morning to dismiss the charges against Hicks after his attorneys motioned fordismissal late Monday. The trial was held in Lee County after a change of venue was granted when Hicks’ attorneys said a fair trial could not be held in Hoke County be cause of adverse media public ity. When the judge’sdecision was made. Hick’s attorneys, Neil Yarborough, J. Michael McGuinness and Randy Gre gory, patted Hicks on the back and shook his hand. Hicks’ wife and mother, sitting behind him, hugged each other. Byrd received congratulations from members of state law enforcement organi zations that had been following the proceedings closely. Sivak’s family sat silently in the listeners’ area. Only as people were filing out of the courtroom did David Sivak’s widow, JoAnn, shed tears as she hugged his aunt, Lucille Brooks. “Dav id was wronged,” JoAnn Sivak said. “He (Hicks) hasn’t gotten away from it. We’ll all be judged someday.” Sivak’s mother, who had cried often during proceedings, agreed. “David wouldn’t hurt anybody. We know David.” ’’We’re not saying David was right, but he did nothing to get killed for,” Brooks said. At the request of attorneys, Hicks’ weapon that had been held as evidence, was returned to him, Otherevidence wasordered tem- (See HICKS, page 12A) t Locklear, Smith, Pilkington win school boarci seats Jl \\ Morehead nominees A dinner honoring the 1998-99 Morehead nominees from Hoke and Moore counties was held last Wednesday at the Pinehurst Resort Club. Hoke County nominees include Alicia Del Carmen Raymond (front row, third from left), Saralyn Smith (back row, left) and Aaron Locklear (not pictured). All nominees were introduced by Morehead and N.C. Merit Awards Selection Committee member Harold Gillis, who attended the event with his wife, Peggy- Tom Howell and his wife. Selection Committee member Kim Howell, also attended. The nominees experienced the first round of interviews last Friday and will learn later this month whether they advanced to the next round. (Knight Chamberlain photo) From staff reports Teddy Locklear, Russell SmithandTom Pilkington edged Leo Salzer and John Harry in Tuesday’s election to become Hoke County’s newest school board members. Unofficial results show Locklear with 2,955 votes. Smith with 2,346 and Pilkington with 2,056. Salzer tallied 2,025 and Harry got 777. In other election results: • Democrat John Edwards took Hoke County by an almost 2-1 margin over Republican Lauch Faircloth, 4,395 to 2,202, enroute to winning Faircloth’s U.S. Sen ate seat. • Democrat Mike Taylor de feated Republican Robin Hayes by more than 2,000 votes in Hoke County, 3,867 to 1,847, but Hayes won the overall election to take the 8th Congressional District seat left vacant by Bill Hefner. • The Clean Water and Natu ral Gas referendums were also overwhelming winners, clean water winning 2,645 to 635, and natural gas winning 2,212 to 910. Commissioners take next step toward ecxrnomic development .. _ By Pat Allen Wilson Staff writer Monday night, Hoke commis sioners took another step toward economic development in the county by voting unanimously to rezone to Highway Commer cial approximately 140 acres in the vicinity of U.S. 401 Busi ness, U.S. 401 By-Pass and Club Pond Road. The Hoke Planning Board had recommended ap proval of the rezoning. The property, in four tracts, belongs to Duncan McFadyen 111, Nash Johnson & Sons Farms (Marvin Johnson, president), William J. McNeill and Mr. and Mrs. James R. Riley. McFadyen, an attorney, spoke for the landowners. He said his property is zoned RMH and the other properties are zoned RA- 20. He said the land is “a prom ising area for commercial devel opment.” No one else spoke either in favor of or in opposition to the request. The land is in one of three areas approved by commission ers at an October 19 meeting for sewer service extension as major capital projects to encourage in dustrial and business develop ment. The Highway Commercial zone allows for businesses such as convenience stores, fast food restaurants and motels. In other busines.s, commis sioners approved a rezoning re quest from RA-20 to R-15 for a 95-acre tract of land located on Hobson Road. The Planning Board had recommended ap proval of this request. Firefighters at the scene of a trailer fire that is believed to have been deliberately started. (Pat Allen Wilson photo) Arson suspected in trailer fire setting the fire. Several neighbors said they heard an explosion just prior to the fire in the trailer in Roscoe’s MHP at the intersection of Blue Springs and Old Maxton toads about five m iles south of Raeford. Owner Roscoe McCollum said (See FIRE, page I2A) By Pa I' Ai len Wilson Staff writer The owner of a vacant mobile home that was burned the night of Octobti 26 is offering a $5,000 reward for information leading to the arrest and conviction of the person or persons responsible for