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 Hoke's top stories are on the web; send us stories, subscribe 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)