The ews J oumal If it happened, il's news to m i* No. 27 Vol. 96 Wednesday, September 24, 2003 Awed by Turkey Festival McPhatter to be tried in Cumberland County Balloon power Jawaan Harris, (0, makes sure DeMarial Harris, 3, and DeMorney Harris, 2, don’t go up, up and away with their balloons. The youngsters visited the N.C. Turkey Festival Saturday with their mother, LaKeisha McGeachy, and grandmother Linda Harris. More photos may be found on 8A and IB. ViCIORI \NA Sl'MMKKS Staff writer The upcoming trial of former county manager Bernice McPhatter will not be held in Hoke County. A superior court judge this morning granted a motion by District*Attorney Kristy M. Newton to have the trial moved. Judge Jack A. Thompson also denied a motion by the defense to have Newton barred from prosecuting the trial. Defense attorney Gregory Thompson had maintained Newton's prosecuting the case would have been a conflict of interest. MePhatter's trial will take place in Cumberland County beginning cither the week of October 27 or November 3. Judge Thompson said a change of \'enue request by the prosecution was unusual, hut agreed that pretrial public ity could affect the outcome of the case. Inargumentsearlierthis week, New ton told the judge she wanted the trial mo\ed in "fairness" to all sides. She said itshouldbe movedtoa place "within reasonable proximity "tothe Hokecom- miinity. because of public sentiment. She said this would ensure each side is neither "prejudiced nor harmed” in any way during the trial. "It is a bit unusual for the state to request a change of \enue.” Newton said. "I has e an obligation because there are specific appellate issues involved. " riic Sew's-Jounuil was the primary source of news media coverage,” she said. "Mrs. McPhatter is very well known in the community. This case is very significant to the community.” Newton said some of the Hoke citizens who could be called as potential jurors were actually al leged victims of McPhatter. “The citizens were directly im pacted by the embezzlement,” Newton said. “They were di rectly victimized. She is charged with the theft of public funds (See TRIAL page 7A) * f Bernice McPhatter, former county manager, appears at a court hearing on Monday concerning her upcoming embezzlement trial. McPhatter breaks silence Bv ViriORI \N,A Si MMtRS Staff writer A serene Bernice McPhatter, who resigned as Hoke's county attorney in October 2001 and is charged with em bezzlement. broke her silence on Mon day after almost two years. "God is with me,” she said. McPhatter was arrested in August 2002 after a State Bureau of Investiga tion was completed. She is being tried on four counts of embezzlement and 64 counts of forgery and uttering. Since leaving the employment of Hoke County. McPhatter operated a children’s day care service and is also reportedly serving as a minister. Until Monday, she has never publicly spoken to news media or addressed the allega tions against her. McPhatter. who was not required to testify as a witness, appeared in Hoke Superior Court on Monday. Sitting calmly next to her attorney. Gregory Thompson, she occasionally conferred with him privatel v as he inter face BREAKS SILENCEpage 7A) Isabel was kind to Hoke page ;iA Bucks gobbled up in Turkey Bowl page .SA United Way campaign kicks off page 7A Fayetteville can't annex us |wge 7A Calendar 4B Classifieds 6B Deaths 6A Editorials 2A Legals 4-5B Religion 6A Schools 2B Socials 3B Sports 4-5B Hoke’s top stories are on the web; send us stories, subscribe www.thenews~journal.com Building inspector fired over repairs in South Hoke By Victoriana Scmmrrs Staff writer Hoke’s building and permit inspector. Mike Sands, was fired yesterday by County Manager Mike Wood, apparently over substandard housing in South Hoke. Wood reportedly took the action after a tour of Shirley Bullard’s home off Gainey Road, and after consulting with County Attorney Neil Yarborough. Building and Zoning Administrator Linda Revels and Wood determined that a number of permits had not been submit ted to the county’s inspection's depart ment before work w as begun at the home. Raw sewage oozing into a stream and into the Bullard's pond, a septic tank w ithin 10 feet of the pump used for the drinking water, and an electrical box in side the house with live wires mangled and installed against building code were among many hazards found in a home where children reside. The tour took place after substandard housing w as reported by Lumbee Native American Elisha Dial. He sought the help of Commission Vice Chairman Charles Daniels and Commissioner Bill Cameron. Bullard said her home was rehabili tated by the Lumbee Tribal government, but was not completed safely nor satisfac torily. "I am calling for an audit from the Inspector General’s Office at the federal Housing and Urban Development agency in Washington,” Dial said. "Native Ameri cans cannot be treated this way by their own people, and be taken advantage of this way. This is a misuse of public funds.” According to the county offices, Bullard's home will likely be condemned unless repairs are made in compliance with Hoke County building codes. “I would assume the personnel action came as a result of our visit to Mrs. Bullard,” Revels said today. "I did not directly discuss this w'ith Mike Wood because I was not here yesterday.” Sands admitted he was aware of the situation at Bullard’s home, but said he w as not required to enforce regulations if the repaircrews had never sought permits to begin with. Daniels disagreed with this assump tion. “It was Mike Sands’ responsibility,” Daniels said. “He is supposed to uphold the standards of this county so people can (See INSPECTOR, page 6A) West Nile Virus found in Hoke horses, is now ‘everywhere By Pat ALLt-.N Wilson Editor The West Nile virus is so prevalent in North Carolina it could be in any county, says Debbie Crane of the state Dept, of Health and Human Services. In Hoke County, one blue jay has been found to have the virus, and three horses became infected and are being treated. As yet, no Hoke human residents have been diagnosed with West Nile. The fi rst confi rmed case i n North Caro- lina was a bird found in Chatham County on October 20.2000. This year, 14 human cases have been confirmed in the state — one a fatality. West Nile virus (WNV) originated in Africa, west Asia and Europe. It is carried by mosquitoes which feed on infected birds. In addition to birds, horses and people, mosquitoes may also infect sheep, cattle, cats, dogs and other animals. WNV was first detected in New York City dur ing the summer of 1999. N.C. Health Director Leah Devlin is sued a public health w arning in early June of this year. As WNV made its way down the eastern seaboard and across the state, the focus had been on dead birds. “Then we were tracking the virus and seeing where it was going.” Dr. Devlin said. “But, now we know it is here and our focus has changed to one of prevention.” The first cases this year in North Caro lina were detected in a chicken flock in Brunswick County in January. Later WNV turned up in a Macon County crow. “It’s here,” said Hoke County Health Dept. Director Don Womble. He said two cases of WNV in horses were in western Hoke, another in eastern Hoke. Womble warned citizens to be cau tious. He advised using the “common sense we have heard over the past 100 years about mosquitoes. “When yo go outside, wear long sleeves and long pants legs whenever outdoors, use DEET (no more than 30 percent DEET on children) insect repel lent and stay inside at dawn and dusk (See WEST NILE, page 4A) rrhe News-! loumal News Other stuff \ Mil/ By Ken MacDonald General Manager The wind speed indicator high atop the News-Journal office building has apparently been needingsome attention for a few weeks but I didn’t really pay it any nevermind until Thursday morning when Hurricane Isabel approached. When I opened the office door and was blown in side by a gust from the north, I glanced at the indicator and it read, “0.” It’s imperative for us weather lovers to know exactly what is happening second-by-second, and a malfunctioning anemom eter in a hurricane does not cut it, so 1 immediately borrowed a 16- foot PVC pipe, w'alked to the back of the building, reached up to the post on tlie roof, and gave the w ind cups a few good w hacks (See OTHER STUFE, page 8A) Missing Raeford woman found dead By Victoriana Summers Staff writer Raeford native Cheryl Baxley Ashburn was found dead on Satur day afternoon in south Hoke after being reported missing by her hus band, Odell Ashburn on Septem ber 16. “We were racing to save her,’' Mr. Ashburn said. “1 am heartbro ken that we could not get to her in time. She had bogged me to find her w hen 1 called her on her (See MISSING WOMAN, page 6A) Cheryl Ashburn SBI charges CruU with assaulting Hoke High student By Victoriana Summers Staff writer Robert Wayne Crull, a former Hoke County High School safety of ficer, has been charged by the State Bureau of Investigation with assault on Hoke High senior Lamar Crawford. CruH’s trial is scheduled for Sep tember 30. According to Special Agcui Jaiiie (See OFFICER CHARGED, page 7A)