Delicious Christmas
Daphne McWhite collects holiday recipes
from England, Germany, Peru, Puerto Rico
and elsewhere. Pagea-B.
?'?
Thirty-Third Yccir, Number 8
>*ni!iufii/|
12/31/qq
12/31/99
HOAG & SONS BOOK BINDERY
r . .*v - -
K> BOX 162
SPRINGPORT
M J 49284
VICIC?
Solid in The Shrine Bowl
Eric Johnson demonstrates what West fans
already knew? he can play with the best of
them. Page2-D.
lino, Thursday, December 22, 1994 50< Per Copy * 44 Pages, 4 Sections, Plus Inserts
APPEAL IS AUTOMATIC
Jury Convicts Cummings,
Sentences Him To Death
BY ERIC CARLSON
After a half century without rea
ching a death penalty verdict, prose
cutors and defense attorneys won
dered if a Brunswick County jury
would ever impose the maximum
punishment on a defendant convict
ed of first-degree murder.
Not anymore.
Daniel Cummings Jr. of Red
Springs was sentenced to die by le
thal injection Friday by the same ju
rors who found him guilty two days
earlier of premeditated murder in the
shooting of Ash store owner Bums
Everett Babson.
Under state law. all death penalty
verdicts arc automatically appealed,
allowing a higher court to jecide if
any errors were made in the defen
dant's trial An appeals court de
fender will be appointed to review
the transcript of Cummings trial and
sentencing. The defender will pre
pare arguments for a reversal of the
verdict. That process is likely to take
several years.
A major issue in the appeal is ex
pected to be Judge Jack Thompson's
decision to let the jury consider evi
dence of another murder Cummings
allegedly committed two days be
fore he shot Babson during a rob
bery last April.
The jury took less than two hours
Wednesday (Dec. 14) to decide that
Babson intentionally selected
Babson 's corner store on Whitcville
Road as an easy target before shoot
ing the 74-year-old man four times
Witt ft 4*?OIberWVOIVeT and mak
ing off with his wallet and bills from
the cash register.
Cummings was found guilty of
first-degree murder, armed robbery
and assault with a deadly weapon
with intent to kill. The latter charge
stemmed from two gunshots
Cummings fired at Babson s wife
before fleeing the murder scene.
In statements made to Brunswick
County Sheriff's Detective Tom
Hunter. Cummings admitted "scop
ing" the store before going inside
and demanding money from
Babson. Cummings statement said
he "heard" four shots go off and ad
mitted stealing the cash and remov
ing a wallet from Babson as he lay
dead on the floor.
Cummings claimed in his state
ments that the shots were fired while
he struggled with Babson over a .38
caliber revolver the store owner kept
near the cash register. A ballistics
expert testified that Babson was shot
with a .44 -caliber weapon that pros
ecutors say Cummings carried with
him. Neither weapon was ever
found.
While his mother sobbed quietly
from her scat in the audience,
Cummings displayed no emotion
when the guilty verdict was read.
Nor did he seem upset by the jury's
decision to have him put to death.
As in the trial, the state's evidence
during the sentencing hearing re
volved around Cummings own
words, made in statements after his
arrest. The 39-year-old defendant
admitted lo police that he broke into
a home in Red Springs and con
fronted an elderly woman before
stealing her purse
"She must have hoard something
or maybe she saw me and turned to
ward me," Cummings said in his
statement "1 said, 'Give me your
money." The lady said. 'Please don't
hurt me. Don't hurt me Don't hurt
me."*
Red Springs Police Detective
E.B. Smith read Cummings' state
ment from the witness stand. Then
he filled in the details He told the
jury how 80-year-old Lena Hales
was found brutally beaten in her
home early on Wednesday morning,
April 20, sftcr an apparent burglary.
She died of her injuries later that
day.
In recommending the death penal
ty to the jury. Assistant District
Attorney Lec Bollinger pointed out
the final words Cummings made in
his statement: "Early Wednesday
(See CUMMINGS, Page 2-A)
m
$TAfF>HdTOBYDOUGlEUut*
Trojans Win
West Brunswick senior Jonathan Fisher (center) looks for breath
ing room during Friday night's high school basketball game
against county rival North Brunswick. The Trojans won 80-76 and
are off to their best start in four years with a record of 3-2. The sto
ry is on Page l-D.
Holiday Closings Manned
Most government offices, financial institutions and some businesses
will be doced in otaervtpce of the Christmas and New Year's Day holi
days. Some of those clonings are as follows:
ShallottelWa Hall .Dec. 26; Jan. 2
Soaset Beach Town Hall Dec. 26 only
Oceaa Isle Bcack Tbwn Had .Dec. 23,26; Jan. 2
Calabash Ibwa Hall .Dec. 23, 26; Jan. 2
HiJA. tum+i, TVv-= ?.n n- 23, 26, 27; J? - 2
County Government Center Dec. 23, 26; Jan. 2
Financial institutions .Dec. 26; Jan. 2
The Brunswick Beacon Dec. 23, 30
Brunswick Community College Reopens Jan. 2
Brunswick Coaaty Schools Reopen Jan. 2
Shallotte Post Office (including South Brunswick Station) Dec. 24, 31,
windows close 1 p.m.; Dec. 26; Jan. 2 no route delivery or window
service.
Rep. Hill Finding His Niche Among Fellow
Conservatives In GOP-Dominated House
BY SUSAN USHER
Rep. Dcwcy Hill of Lake Waccamaw returned
from a Dec. 8-12 national bipartisan conference of
conservative legislators in Washington, D.C., excit
ed about what he anticipates will be a very produc
tive 1995 session of the North Carolina State Leg
islature
Hill was one of five Democrats among the 24
North Carolina state representatives participating
in the conference held by the Washington-based
American Legislative Exchange Council, also
known as ALEC. Hill said he joined the council
approximately a y ear ago. Members share a com
mon interest in advancing a conservative political
agenda.
5uiA.iuaiuuai vtiu
wm
Conference topics included gubernatorial veto
power, health care reform,
downsizing of government,
and workman's compensation
among others, he said. "We
had an exchange of ideas;
things we want to accomplish
for our states."
In addition to attending
conference sessions he found
"very useful," Hill had an op
portunity to "do a little work
ing on the upcoming session" HILL
with Republican Harold J. Brubaker of Asheboro,
speaker-elect of the N.C House of Repre
TJ
A Cookie For Me, Santa?
Union Elementary School "Dolphin Buddies" welcome a surprise visit from Santa Claus Friday dur
ing a hay ride at Indigo Farms , as he gives cookies to everyone, even Guidance Counselor Gail Novello
(right). Waiting their turn are (from left) Jessica Scott, Crystal Leonard and Ebony Fauntleroy.
sentativcs, and other legislators. Brubaker is the
outgoing national president of ALEC.
A Columbus County resident whose varied
business interests include Hillcrest Corporation
and Dewey Hill Enterprises, Hill was elected to
the House in 1992 to fill the second seat of an ex
panded 14th District. The other seat is held by
Rep. David Redwine of Ocean Isle Beach.
Redwine will serve as a Democratic minority
whip during the 1995 session.
Under Brubaker *s direction. Hill indicated, the
House will operate during the 1995 session not
only under a new order, but new rules aimed at
making it easier to get bills through the chamber.
(See HILL, Page 2-A)
Sheriff Hears
Support, No Vote,
For Five Deputies
BY ERIC CARLSON
Citing spiral ing costs for overtime
pay to keep his office open around
the clock, newly elected Sheriff
Ronald Hewett asked the Brunswick
County Commissioners on Monday
to fund five new deputies for his de
partment.
A 24-hour open-door policy was
one of Hewett's primary campaign
promises. But staffing the office
from 5 p.m. to 8 a.m., when it used
to be closed, has required him to
pull patrol deputies off the road and
pay expensive overtime salaries.
About $7,000 worth of overtime
has been paid in the past two weeks.
Hewett said that figure is higher
than normal because many deputies
put in extra hours due to state-re
quired firearms certification testing.
Hewett asked the commissioners
to allocate $76,000 to equip and pay
five new officers for the next six
months. Their permanent salaries
would be included in the depart
ment's annual funding request.
The new deputies could use older
cars already owned by the sheriff's
department until July, when "at least
10 more" vehicles are likely to be
requested. Hewett said most of the
older BCSD patrol cars have more
than 100,000 miles on them.
Last month, the outgoing county
board appropriated $162,000 for 10
new sheriff's department vehicles.
Commissioners' Chairman Jerry
Jones said at the time that due to the
mileage requirements for deputies'
vehicles, the board traditionally
funds 10 to 12 new cars each year.
Former Sheriff John Carr Davis's
request for the vehicles was cut from
the 1993-94 budget by Interim
County Manager Charles McGinnis.
Hewett said hiring five new
deputies would allow him to assign
one extra patrol officer per shift.
Currently there are six deputies on
the road during most hours. But be
cause one officer is now assigned to
desk duty each night, only three are
available cover the county between
2 a.m. and 7 a.m.
"I want to thank you for opening
the sheriff's department 24-hours a
day," Jones said. "That's something
I've wanted for a long time and I ap
preciate it."
While other commissioners also
spoke in support of Hewett's efforts,
the board was hesitant to grant his
request without more detailed infor
mation.
"How does your department com
pare with Columbus County as far
as the number of employees?" asked
Commissioner Tom Rabon.
Hewett estimated that Brunswick
probably has about 10 more sheriff's
department employees than Colum
bus County. He said Brunswick
County has different law enforce
ment needs because of its large land
area and a summer population that
often swells to 300,000.
(See REQUEST, Page 2- A)
Sheriff Denies Charges Of
Race-Based Staff Changes
BY ERIC CARLSON
"The Concerned Citizens for
Equal Justice," a group described as
"a committee of Afro-American tax
payers," on Tuesday announced a
press conference for Wednesday
night (Dec. 21) to discuss alleged
racial discrimination in the Bruns
wick County Sheriff's Department.
A press release submitted to the
Beacon by Calabash physician Dr.
George Saunders said the group was
formed because of "persistent ru
mors" that newly elected Sheriff
Ronald Hewett plans "the removal
of all Afro-Americans in the depart
ment within six months."
In an interview Tuesday night,
Hewett said he "categorically de
nies" allegations made in the re
lease. "I have already met with them
once and explained that they were
untrue," he said.
Listed as representatives of the
committee are Dr. Saunders, former
school board member Thurman
Gause, the Rev. Sam Flowers, Willie
Fullwood and Bernest Hewett.
The statement said the rumors
were fueled by "the demotion of the
highest ranking Afro-American in
the Department" and the "apparent
clustering of Afro American
deputies in much less desirable jailer
positions preparatory to forcing re
tirement and/or resignation."
The release apparently refers to
Hewett's reassignment of former
Chief Deputy John Marlow to the
position of jail supervisor. Marlow's
rank dropped from major to captain
in the sheriff's restructuring of his
department. However, his salary re
mained the same.
Marlow was a candidate against
Hewett in the Democratic Primary
and lost in a four-way race against
retired highway patrolman Jerry
Dove and Long Beach Police Sgt.
Bill Sisk.
The press release includes a list of
findings by the CCEJ that Hewett
said are fraught with inaccuracies.
"There are no Afro-Americans in
the detectives," the statement
(See HIRING, Page 2-A)
Charges Pending In Deadly Bolivia Gunfight
BY ERIC CARLSON
Investigators believe the victims
did ail the shooting during a gun
fight in Bolivia Friday night.
One man was killed and two oth
ers were seriously injured after a
dispute over a woman erupted into a
shoot-out at a home off Old Ocean
Highway.
Investigators on Tuesday were
still unsure what charges will be
filed in the incident, pending further
interviews with victims and witness
es, Brunswick County Sheriff
Ronald Hewett said.
At about 9:45 p.m., police arrived
I at the home of Warren Davis Evans
on Friendship Loop Road and found
Larry D. Brown, 34, of Old Ocean
Highway, Bolivia, dead and two oth
ers suffering from gunshot wounds,
Hewett said.
Brown was apparently killed by a
single bullet to the chest, probably
from a ,45-caliber pistol recovered
? nearby.
Also injured were the victim's fa
ther Bobby Gardner of Bolivia, and
Willie Cleve Powell of Ft. Meyers,
Fla., Hewett said. Both men were
taken by ambulance to New Han
over Regional Medical Center in
Wilmington.
Gardner also appeared to have
been struck in the torso by a .45-cal
iber bullet. Powell reportedly suf
fered wounds from a .22-caliber pis
tol and a .38-caliber revolver.
Investigators believe at least eight
shots were fired during the incident.
Powell was in stable condition
Tuesday after being removed from
the hospital's trauma unit, said
Detective Zelma Babson, who is
heading the investigation into the
case. Gardner was released from the
hospital Sunday.
"We're still doing interviews and
reviewing our information to deter
mine what charges will be filed,"
Babson said.
The investigation so far suggests
there were at least nine people at the
Evans home when the shooting took
place. The one-story wooden house
is a popular Bolivia gathering spot
located in the woods down a dirt
road about 500 yards from U.S. 17
business.
Powell apparently went to the
house and got into an argument with
Brown about a woman, investigators
say. When the dispute grew more
heated, both men pulled out guns
and fired at each other. Brown stum
bled inside and collapsed in the bed
room. Powell reportedly came in
shooting and was hit by another gun
that may have been wielded by
Gardner.
An investigation by the sheriff's
department and the State Bureau of
Investigation is continuing.
Inside...
Birthdays JB
Business News 8-9A
Calendar ..8B
Church News
Classified 1-9C
Crime Report 9C
Court Docket??n.HlO-IlC
C ,Olf 13
Obituaries ~10A
Opinion 4-5A
People In The News ._7D
Plant Doctor ^.^.SB
Television ????????????????a ..6-7B