The
ews
Journal
happened, it's news
50(t
No. 39 Vol. 96
Wednesday, December 17, 2003
Spouse seeks compensation for McPhatter
County says no to $46,000 in annual leave, sick days for convicted embezzler
B-* ViCTORIANA Si MMI RS
Staff writer
Malcolm McPIiattcr, husband of
former count) manager Bernice
McPhatter. asked that she be compen
sated more than $46,()()() from the county
for annual leave and sick days. This
despite her conviction last month of
embezzling $269,()()() from the county.
The Hoke board of commissioners
unanimously voted to den\ the request
after a brief closed session.
“Mrs. McPhatter had the nerve to
think the county owes her money after
she stole from the taxpayers.” Commis
sion Vice Chairman Charles V. Daniels
said prior to the meeting. "It is ridicu
lous.
“I recall when I would ask her to
spend more time in the office because
you could never contact her when she
was needed.”
McPhatter is serving a 6-8 year sen
tence in Central Prison, a maximum-
security facility in Raleigh.
She was the highest-paid county
employee. Within six years, her salary
increased from $25,524 in 1995 as
Hoke’s deputy finance director to more
than $85,000 as county manager.
Malcolm McPhatterclaimedthe sum
due to her included unpaid annual leave
and sick days she had accrued. He in
structed County Manager Mike Wood
to send the check directly to him at their
home in the 1200 block of Philippi
Church Road. Mrs. McPhatter, who re
signed in October 2001 under suspi
cions of embezzlement and forgery, did
not sign the letter requesting the reim
bursement.
“The case i.s 'settled, and there is no
legal reason to continue holding her
money.” Malcolm McPhatter wrote in
his letter of request. “Based on the last
pay voucher she received, Hoke
County owes her for 240 hours annual
leave and 1,000 (plus) hours of other
unpaid leave.
“Remit payments as soon as possible
in order that I may bring closure to
several pending matters.”
MePhatter’s husband said if county
officials had any questions, they could
contact her attorney, Gregory Thomp
son. However, Thompson, who de
fended McPhatter in the criminal case,
indicated he is no longer representing
her.
Amount unknown
During MePhatter’s trial, prosecutor
Hoke District Attorney Kristy M. New
ton told the court that some Hoke finan
cial records were missing. Gaps existed
in 1994, almost all of 1995 and part of
1996, rendering it impossible to know if
(See $46,()()() SOUGHT, page 3A)
State drops tax fraud charges
against former county manager
B'l Vk'IORINNA SlMMURS
Staff writer
After more than I.4 months of com
plications from trial postponements, the
state income tax-dodging case against
ex Hoke county manager Bernice
McPhatter has I'/een dismissed.
Rudy Rcnfer, state attorney assigned
to prosecute the case, filed the request
for dismissal on December 8. A subse
quent dismissal was granted inthe Wake
Superior Court on December 15. can-
celingfour counts of alleged income tax
evasion against McPhatter.
Renfer indicated the reason for the
dismissal was MePhatter’s 6-8 years
“actixe” sentence for embezzlement,
which was based on the same evidence
he would have been using to prosecute
her.
He declined to comment further on
his decision to drop the case. However.
Noelle Tally, assistant public informa
tion officer for the N.C. Attorney
General’s office, elaborated.
“Bernice McPhatter wasalready con
victed on more serious charges of em
bezzlement,” Brooks said. "If the
charges had been consolidated or tried
together and a conviction was obtained,
the sentences would likely have been
served concurrently.
“It would not have resulted in her
receiving more time in prison.”
Last month, Hoke District Attorney
Kristy M. Newton convicted McPhatter
before a Cumberland County jury.
McPhatter was convicted on four counts
of embezzlement of $269,000 of Hoke
County money, and 68 counts of forg-
(See TAX FUAUD, page 8A)
so
East-Wesj Contest ^
Andre Burgess skies high above the rim in attempt to tap in the basket. Burgess
scored 11 points for the East Hoke Eagles in a five-point win over West Hoke. See
more photos and related article on page 7A.
Townsend honored
for life of service
Dr. Smith to head
physicians' group
page- 3 A
Eight athletes make
all-conference
Coat campaign
is ongoing
\ HA
Births 5B
Business/Fcirm 5A
Calendar 2B
Classifieds 7-8B
Deaths BA
Editorials 2-3A
Legals 5-6B
Religion 5A
Schools 4B
Socials 3B
S|)6rts 6-7A
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www.thenews-journal.com
Partnership with Fort Bragg emerging from buffer plan
Hoke group says grants, park, roads, money for schools being explored in negotiations
By Victorian y Summi-.rs
Staff writer
Because of the efforts of the Hoke
Preservation Program, the controversial
Fort Bragg/Popc Air Force Base Joint
Land Use study could be transformed into
a separate, local partnering initiative with
Fort Bragg officials.
Consisting of community leaders and
local volunteers, the Hoke Preservation
group is studying ways to improve land
use and other opportunities for residents.
“We are in direct negotiations with
Fort Bragg officials,” Raeford attorney
William Fields, a member of Hoke Pres
ervation, told county commissions on
Monday night. “The discussions arc go
ing well, and they are opening up a whole
lot of possibilities.
“Fort Bragg officials have applied for a
$2.5 million grant for Hoke County, which
would help to create a park system in the
western part of the county with public
access for hiking and hunting,” he said.
“There could also be a $500,000 grant
to fund a land use study for Hoke.”
According to Fields, the land use study
would not be limited to use of Hoke land
to protect military training. It would pro
vide a method for Hoke officials to per
ceive where development is occurring
and the infrastructure that is needed to
sustain it. It would be also be a means of
coexisting with Fort Bragg, he added.
“Colonel Al Aycock, U.S. Army garri
son commander at Fort Bragg is helping
us to obtain these potential grants,” Fields
said. “However, there are still noconcrete
plans yet.”
Commissioners will hold a special
meeting on January 5 at 6 p.m. for the
public to hear additional updates on the
local joint land use preservation projects.
Fields will serve as the keynote speaker at
the event.
The original, regional JLU plan pre
pared by the N.C. Department of Com
merce is expanding. It will include indi
vidual plans from surrounding counties
who opposed some of the restrictions on
land use. One of the most debated issues
was the proposal of JLU that would limit
one dwelling per 19 acres, affecting al-
mo.st 2I.()(K) acres of land in western
(See PARTNFRSHIP, page 3A)
N.C. Bar sets trial date,
seeks to disbar lawyer
Southerland denies allegations of misconduct
By ViCTORIANA Summers
Staff writer
The N.C. State Bar is press
ing for disbarment of Raeford
attorney Harry Southerland. The
organization filed allegations of
misconduct against him, accord
ing to Root Edmonson, legal
counsel for the Bar.
Edmonson said a trial date
v\ as scheduled last week for Feb
ruary 20 after Bar officials com
pleted an extensive investiga
tion on Southerland. At issue is
whether Southerland’s conduct
as an attorney reflected “ad
versely on his honesty, trust
worthiness, or fitness” as
claimed by the state agency.
Southerland indicated he has not
done anything improper and re
quested the complaint be dis
missed.
Edmonson filed the complaint
against Southerland on October
8.
The
State Bar
regulates
the pro
fessional
conduct
and eth
ics of
lawyers
who are
licensed
Jarry Southerlanc
by the agency. Appointed by the
organization, adisciplinary com
mission consisting of
Southerland’s legal peers will
preside over the hearing in Feb
ruary.
“I will serve as the prosecutor
at the trial, which will be held in
Raleigh in the courtroom of the
N.C. State Bar,” Edmonson said.
“My objective will be to seek
Mr. Southerland’sdisbarment as
a lawyer. This will be the only
hearing held.
“It will determine whether he
{See NC BAR, page 7A)
V "
xm
)*•-
'■ *' .d! I •
Sgt. George Vera and Sgt. Major Richard Holman observe
Lake Rim firefighter john Gerber extricate a parachute from
the tree tops at Raeford Aviation.
Winds sweep
skydivers
into treetops
Military jumpers not hurt
By Vktorixnx Summers
Staff writer
The dragon, the popular name dubbed
for the unpredictable wind at Raeford
Aviation, struck on Monday morning at
the airport. Three military skydivers
performing a routine training exercise
were swept into trees on both sides of
the Raeford airport, but no injuries oc
curred.
A quick response from the Tylertown
Volunteer Fire Department, Hoke Res
cue Squad, medics from FirstHealth
EMS, and the Lake Rim Volunteer Fire
Department in Cumberland County con
tributed to the successful rescue mis
sion, according to Captain John Chaplin
of the Tylertown fire unit.
“There were two men and one female
who got caught in the trees, but no one
was hurt,” Chaplin said. "This happens
quite frequently so it is not unusual.”
(5ec SKYDIVERS, page 6A)