Thursday, September 28, 2000 KINGS MOUNTAIN Vol. 112 No. 39 Since 1889 Coach faces sex charges, tree on $50,000 cash bond By GARY STEWART Editor of The Herald It could take months before the sex charges against Kings Mountain High School teach- er/coach David Ballenger come to trial, according to Assistant D.A. Steve Kaylor, who last week brought 21 charges . against Ballenger for alleged in- appropriate sexual contact with a student. Ballenger is charged with two counts of statutory sexual of- fense against a person who is 13, 14 or 15 years of age, three counts of crime against nature, two counts of indecent liberties with a child, and 14 counts of County zoning hearing Tuesday BY ALAN HODGE Staff Writer Folks interested in voicing their opinion on countywide zoning in Cleveland County will have their chance Tuesday, October 3 at a public hearing. Tobe held at the 6 p.m. meeting -of the Cleveland County Board of Commissioners, the public hearing could be immediately followed by a vote to approve zoning. For people living in the Kings Mountain ETJ, any zoning that comes from the county should in most cases not pose a dis- ruption. “Our zoning is very similar,” said County Planning Director Bill McCarter. “It should be a seamless process.” Anyone interested in seeing how the county could be ar- ranged can view a map of the layout at the County Administrative Building at 311 E. Marion Street, Shelby. The map is one the first floor out- side the Planning and Zoning office. . There are eight different zones that could be used by the county if zoning is approved. A pamphlet of the zones and their uses is also available to the pub- lic at the Planning and Zoning office. : Zones and examples of their uses include Restricted Residential (RR) which permits single family homes and modu- lar homes but not manufac- tured homes; Residential (R) which allows single and multi family homes as well as manu- factured homes; Manufactured Homes and Parks (RM) which permits most types of homes in- cluding manufactured home See County, 3A RADAR WATCH W.......... nn Kings Mountain Police will be running radar at the follow- ing locations during the week of October 2-6. Monday - W. Mountain St. Tuesday - E. King at Canterbury Road. Wednesday - N. Cleveland Ave. Thursday - Phifer Road. Friday - Highway 74 at Food Lion. indecent liberties with a stu- dent. The charges were filed late Wednesday afternoon, and Ballenger was arrested by Kings Mountain Police Thursday af- ternoon. He was jailed overnight in the Cleveland County Detention Center and released Friday on a $50,000 cash bond. Contacted at his home in Spartanburg, Ballenger simply said “I'm innocent,” and de- clined further comment. According to Kings Mountain “Police, a 16-year-old KMHS stu- dent gave Lt. Derek Johnson an incident report on September 12 claiming that Ballenger had as- Excellent! i BY ALAN HODGE Staff Writer East is East and West is West, and those Kings i Mountain elementary schools are two of the best i in North Carolina. That's the message brought i from Raleigh last Wednesday when N.C. State i School Superintendent Mike Ward came to town i and presented both schools with banners pro- i claiming them “Schools of Excellence.” In addi- i tion to School of Excellence honors, East was i! named one of the Top 25 Most Improved K-8 {schools in the state. i In ceremonies held at 11:30 a.m. at East and one hour later at West, Ward was joined by prin- saulted her during school hours. An investigation resulted in warrants being issued on al- leged charges dating back to the 1999-2000 school year, when the student was 15 years old. The two most severe charges - statutory sexual offense against a person who is 13, 14 or 15 years old - were amended from original charges of first degree forcible sexual offense. According to Lt. Johnson, the original charge deals with sexu- al intercourse, but “there was no intercourse. It engages sexu- al act other than vaginal inter- course.” According to Assistant D.A. Steve Kaylor, the magistrate who drew up the warrants mis- understood his instructions. “The charges are essentially the same thing,” he said. “The legislature has just broken the old statutory sex offense down to two different charges, essen- tially on the age of the victim and the age difference between the victim and the defendant.” The incident report filed by Lt. Johnson stated that on September 12 at 2:50 p.m., the student had returned to school and went into Ballenger’s class- room. She stated when she en- tered the door and closed it, it was locked. She said she See Coach, 3A ALAN HODGE/THE HERALD Last Wednesday saw East Elementary in Kings Mountain honored for being not only a North Carolina School of Excellence but also one of the Top 25 Most Improved K-8 schools in the state. Taking part in the presentation, from left; State School Superintendent Mike Ward, Kings Mountain District Schools Superintendent Dr. Bob McRae, East principal Jerry Hoyle, state Sen. Walter Dalton and Rep. Jim Horne. East, West Elementary schools honored for success in State ABC testing program David Dimuzio helps KMHS students celebrate Reademic success S " SORTxxc 002 5A | KMHS teacher/coach David Ballenger leaves KM Police Department for the Cleveland County Jail Thursday after being arrested on 21 charges of al- leged improper sexual conduct with a student. ALAN HODGE / HERALD City sued over video nance. Store, Inc. Bessemer services. Ei AP tina IY chool of Reo bing IIIA CELE Davies said. i tochangeit.? Heath and Attorney Ken Davies of Charlotte filed suit in Cleveland County Superior Court on behalf of Bessemer City Express, Inc., and Mike's Food A game law By GARY STEWART Editor of The Herald Two Kings Mountain businesses have filed a lawsuit against the City of Kings Mountain over its recently-amended video game arcade ordi- City Express, Inc. is owned by Don Johnson, who operates two business in Kings i Mountain (K&M Games and Country Billiards :- and Brew) that offer gaming entertainment in- cluding video poker machines; and Heath owns Lynn’s Gameroom, which provides entertainment in the form of video poker machines and other In short, Davies said, Johnson and Heath feel that their businesses should have been “grandfa- thered” in the ordinance because they had been in business here for years before the adoption of the ordinance on July 25. “If they try to comply with all the restrictions it’s basically putting everybody out of business,” Heath said he is not opposed to the city impos- ing its new policy to keep other gaming business- es out of the city. “If I had just opened my business it would be different,” he said. “But I’ve been here for 15 years. I opened Pete’s Gameroom in 1985 and sold it to Don Johnson in 1989 or ‘90. I bought the (Mike's Food Store) property in 1991 and had it : annexed for General Business. If you've got i something that many years why should you have ” Johnson objected to the plan at a re- : cent public hearing and subsequent Council ac- tion. The ordinance places restrictions on the number of video poker machines a business can : Allen. : cipals Jerry Hoyle and Sherrill Toney, faculty, stu- dents, dignitaries such as state Sen. Walter Dalton and Rep. Jim Horne, Kings Mountain District Schools superintendent Dr. Bob McRae, and Kings Mountain school board chairman Dr. Larry During his respective presentations, Ward : heaped accolades on both schools. ALAN HODGE/THE HERALD West Elementary in Kings Mountain earned the coveted School of Excellence honor for 1999-2000. Displaying the ban- ner presented to the school last Wednesday by State Superintendent of Schools Mike Ward are students, from left; Devin Thompson, Andrew Moss, Samuel Shipp, and Jimmy house (3), and other restrictions such as mini- mum distance from residential, church, and school zones, and minimum distance from other video game arcades. Former Police Chief Bob \ Hayes was the only Council member to vote ) against the ordinance. The suit claims that Council’s decision to adopt the ordinance was “arbitrary and without reason- able basis in view of the established circum- See Schools, 3A By GARY STEWART Editor of The Herald Some Kings Mountain folks got a welcome piece of mail last Friday. Those who had been in con- tact with the U.S. Justice Department about the proposed merger of the three county school systems received copies of a letter written from the Stamey. ty’s merger attorney, Gil Middlebrooks, informing him that the Justice Department would take no action on the merger until Kings Mountain's lawsuits against the county commissioners and the State School Board have run their course in the legal system. The Justice Department had earlier requested additional in- formation from Middlebrooks member board of education for the consolidated school district, . and the schedule for implemen- tation of merger, and said that after receiving that information the Department would act with- in 60 days. Joseph D. Rich of the Voting Section of the Justice Department told Middlebrooks that until the Court of Appeals rules, “merger may not be im- “If or when we receive no- tice...that the stay prohibiting merger has been lifted, the 60- day review period will recom- mence,” the letter said. Neither of Kings Mountain's lawsuits have been scheduled for trial. The State Attorney General has filed papers with Wake County Superior Court asking that the lawsuit against the State Board be dismissed. See Suit, 3A Justice Department delays ruling on school merger Board member Stella Putnam, one of the local citizens receiv- ing a copy of the letter to Middlebrooks, said she has felt all along that KM District Schools will defeat the merger plan and, in her opinion, the let- ter is “verification that the Justice Department knows there are some questions out there that need to be answered here at the local level. 9 © Justice Department to the coun- about the creation of a nine- plemented.” Kings Mountain School See Merger, 3A FIRST NATIONAL BANK Kings Mountain Gastonia Shelby Bessemer City 300 W. Mountain St. 529 New Hope Rd. 106 S. Lafayette St. 1225 Gastonia Hwy. Celebrating 126 Years 739-4782 865-1233 484-6200 629-3906 he lV] PATA BANK Member FDIC

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