$8 million awarded in wrongful death case

By JERRY LANKFORD

Record Editor

A jury this week awarded $8 million to the families of two young men killed in a pickup crash three years ago. The families of Michael Shane Spicer and Daniel Steven Wyatt were awarded $1 million each in compensatory damages and $3 million each in punitive damages, according to attorney Greg Brewer, who represented both families in the wrongful death case. The ruling came around 12:30 p.m. Tuesday in Wilkes Civil Superior Court. Spicer’s mother, Rebecca, and Wyatt’s mother, Vicki Davis, seemed relieved with the outcome, Brewer said.

“I think there was some relief and vindication,” Brewer told The Record shortly after the end of the jury trial. “They are thankful to the jury that they did the right thing and sent this message.” The estates of Spicer and Wyatt sued Joshua Freeman, who was driving the pickup at the time of the deadly accident, which occurred on Feb. 22, 2000 on Speedway Road in North Wilkesboro. Spicer and Wyatt had been riding in an older model pickup, with Freeman, which overturned and caught fire, Brewer said. Freeman apparently broke a window and escaped the burning vehicle, Brewer said, adding, “The other two boys burned.”

Spicer was 16 at the time of the wreck. Wyatt was 22. The cause of death was ruled as smoke inhalation, Brewer said, adding that Wilkes County Coroner Howard Laney testified to that. Dr. Ward Zimmerman of Boone also testified about the economic losses to both the dead men’s estates. Both mothers testified about their sons’ relationships with them and other family members, Brewer said. Brewer said that, based on testimony, Freeman was intoxicated at the time of the accident. Freeman did not appear in court during the trial, which began on Monday, and was not represented by an attorney, Brewer said. “We tried to do a deposition from him a few weeks ago,” he said. “We subpoenaed him and he didn’t show up.” Freeman was never charged by law enforcement authorities in connection with the accident. “When this all happened, both the families were so grief stricken, they didn’t want to pursue criminal charges,” Brewer said. “Freeman was in the hospital. The decision was made not to do anything at the time.”

 

 

Say what?

Racy sign an advertising ploy

 

By JERRY LANKFORD

Record Editor

An X-rated store coming to Wilkesboro? Well, not exactly. The racy sign — complete with two silhouetted, provocatively posed female figures — hanging on the former Midway Classics building on Main Street has some motorist rubbernecking. The sign reads: “Coming Soon X-Rated Store.” Wilkesboro Mayor Norman Call has received calls about the banner sign. After Call investigated, he learned what the sign is all about.

During a Monday morning interview with The Record, Call said that there is no adult book or video store moving into the location. The forthcoming business will be a used car lot. “From what I hear, maybe it (the sign) is just to get people’s attention to that area,” Call said. And that appears to be the case. Tim Harrold, the manager at Empire Chrysler-Dodge-Jeep in Wilkesboro said the sign has nothing to do with pornography. “The X (in the sign) is for extreme,” Harrold said. The business, which will be a satellite lot of Empire, will be called Xtreme Cars and Trucks. The business is expected to open in early April.

Harrold said the primary reaction he’s received toward the sign is “concern that it may mean pornography.” He added, “It’s primarily an attention-getter.” When asked what gave him the idea for this brand of advertisement, Harrold said, “I was in Las Vegas at a dealer meeting and there was a company there that used Xtreme, like X-rated. I picked it up from them. It’s all advertising, that’s all it is.” And, from the attention the sign is getting, it’s working. Several people called The Record on Monday with questions about what the sign means. That’s good, Harrold said. “It’s doing exactly what I want it to,” he said, adding, “I hope no one gets their feelings hurt or is offended.”

J.C. Faw, the owner of Empire, is in the process of buying the property where the new sales lot will be located. Barry Bush, director of real estate for Faw Companies, said the sign also surprised him when he saw it over the weekend. Bush said he called Harrold to make sure “no one was playing a joke on us.” Harrold explained the intent of the sign. “I thought it was very clever,” Bush said. “When I first saw it, it got my attention.”

 

Arrest made in highway ‘horseplay’ death

By JERRY LANKFORD

Record Editor

A Watauga County man has been charged in connection with the death of an Appalachian State University Student injured on U.S. 421 in Wilkes. Jeffrey Scott Cooper, 22, of Blowing Rock was arrested last Thursday in connection with the death of Michael Curry, 22. Curry died on Jan. 21 after he was found unconscious on U.S. 421 west of Wilkesboro.

Cooper was charged by investigators with the Wilkes Sheriff’s Department with involuntary manslaughter, felony hit and run and driving while license revoked, according to Capt. Steve Cabe. Cabe, who oversees operations at Wilkes Detention Center, said

Cooper was released on $100,000 bond on Friday evening. According to reports, the death occurred as the result of horseplay. Curry, apparently was attempting to ski outside a moving vehicle which is believed to have been driven by Cooper, reports state. Cooper then apparently left the scene of the accident after Curry was injured, according to reports. Alcohol may have been a factor in the accident, according to Wilkes Sheriff’s Department officials. Investigators in Wilkes and Watauga counties, along with the State Bureau of Investigation, investigated the fatal accident.

Curry, of Boone, had been taken to Wilkes Regional Medical Center after he was found around 7 p.m. on Jan. 21. He died a short time later. Wilkes Coroner Howard Laney said that a puncture wound to Curry’s head was believed to have been the cause of death. Other, less severe injuries included a broken jaw and broken ribs, he added.

 

 

Dooley auditions Monday, Tuesday

Dooley hopefuls, get ready. Auditions for the 2003 season of Tom Dooley: A Wilkes County Legend will be held Monday and Tuesday. Tryouts begin at 6 p.m. on the main floor at Benton Hall at 300 D Street, North Wilkesboro. Although the play doesn’t open until July 9, the cast must be finalized early because of pre-show performances at MerleFest.

Like last year, the courtroom scene from the show will be presented at MerleFest at Wilkes Community College. Those performances will be held at the Pit Auditorium and Student Center on April 25 and April 26. The courtroom scene depicts Dooley’s 1868 trial for the murder of Laura Foster. The Elkville String Band —which will provide music for this year’s show — will perform music before and after the scene. In addition to the show’s four-week run, the play will be performed at the Ashe County Civic Center in West Jefferson on Aug. 8 and Aug. 9.

Actors will be paid for the first time this year — but for performances only, said Karen Wheeling Reynolds, who wrote and directs the play. “We are advertising auditions for the show in Wilkes and surrounding areas this year and have also been listed in Backstage (a theatrical magazine) in the southeastern part of the United States,” Reynolds said. “Ideally, we would love to have a good mix of cast members from the last two years and new talent. We’ve had a lot of interest.” Understudies will be cast to study the roles of Tom Dooley, Anne Melton, Laura Foster and Perline Foster, Reynolds said. The understudies will perform at least twice during the run of the show at Benton Hall. Auditions for the play will be held in the Great Hall on the main floor of Benton Hall at 300 D Street in North Wilkesboro. For more information call Reynolds at (336) 838-PLAY.

 

 

Mayor’s ruling may be ‘moot’

By JERRY LANKFORD

Record Editor

Steve Foster says he has removed four members from the Wilkes Regional Medical Center Hospital Authority Board. But, since the board no longer exists, Foster’s action may be a “moot point,” he said. The action comes following a Jan. 6 hearing where Foster heard “evidence” from several town officials regarding the removal of Gaither Keener, Neil Cashion, Jr., Gerald Lankford and Richard Brame from the WRMC Authority Board. Foster’s action against these board members — along with Don Jarvis, who wasn’t served papers in time for the hearing — came after a Dec. 3 meeting of the North Wilkesboro Town Board of Commissioners. During the December meeting, the board voted 4-1 to take away Foster’s lone appointing power to the Authority Board. Mayor Pro Tem Faye Cox cast the opposing vote. Commissioners Bert Hall, Robert Johnson, Mary Cashion (Neil’s mother) and Phillip Keener (Gaither’s brother) voted for the change. The four also voted to change the Authority Board to the WRMC Operating Board, rendering the Authority Board non-existent.

Foster told The Record that his attorney, Greg Brewer, has filed an appeal with the N.C. Secretary of State’s office in regards to the dissolving of the Authority Board. Foster said during an interview with The Record, “What this does is remove them from the Authority Board even though it doesn’t exist any more. It’s a matter of principal.” He added, “It does not affect the Operating Board. Technically, it was a moot point because the Authority Board was dissolved. It’s a matter of principal. They were technically removed from a non-exist board.” But if the Secretary of State’s office upholds the appeal, the four hospital board members could them be removed from office. Foster’s action is based on six points. They are, according to a document prepared by Brewer and signed by Foster: Inefficiency and neglect of duty, both because the four Authority Board members “willfully failed to supply in a timely manner a list of nominees and an alternative list of nominees for appointment by the mayor of the Town of North Wilkesboro. Foster also cited the four with misconduct in office because they “willfully voted to receive and/or received and/or acquiesced in the receipt of by other board members, a 25 percent discount of hospital services at Wilkes Regional Medical Center as a form of compensation, which is strictly prohibited (by state law).”

The mayor also said the four committed misconduct in office for: Creating a “conflict of interest by hiring legal counsel and/or conspiring to develop and write a secret resolution which was delivered to, previewed by and/or discussed by certain town officials and selected town board members, without the knowledge of …Faye Cox, or the Mayor, the purposes of which were to undermine the authority of the mayor and circumvent the laws and statutes of North Carolina,” and because the board members used counsel in a dual capacity for the town and the Authority Board. Foster also said misconduct in office was committed by the members because they “willfully politicized the Hospital Authority Board by unreasonably refusing to supply additional nominees.”

 

COMMUNITY HAPPENINGS

 

Clingman Family Resource Center will be offering a Motheread® class starting on Wednesday, January 15, 2003. Classes will be on Wednesdays from 10:30-11:30 a.m. Motheread® is a class for both men and women, parents and non-parents. During the class children's books will be read and discussed, with a focus on four components: reading, writing, speaking and listening. One of the goals of this class is for students to be able to read and discuss children's books with their own children, and will learn to appreciate that value of reading to their children. High School Credit will be given for those who need it. This class is free of charge and free child care is available. Please contact Kina Gilley Crumpton at 336-984-4047 for more information.

Fun Times at Wilkesboro Elementary School February 20, 9:00 a.m. - 10:00 a.m., March 10, 6:30 p.m. - 7:30 p.m., Pre-School screening by appointment on April 30. For more information call 838-4261.

There will be a revival at Middle Cross Baptist Church, 2305 Rock Creek Rd., North Wilkesboro, N.C., March 10-14. 7:00 p.m. nightly: Prayer room, starts at 6:45 p.m. The guest speaker will be Bro. Charles Worley. Special Singing Nightly. For information call Bro. Jason Whitley, Pastor or Bro. Jerry Alexander, Assoc. Pastor at (336) 696-9006

Volunteers for Wilkes Literacy presents Seventh Annual Spelling Bee. April 1, 2003 at the Elks Lodge #1846, North Wilkesboro, NC. Questions? Please call VWL Office, 838-8238. Thank you.

Gospel Extravaganza!!! Sponsored by: Thankful Community Club Boomer, NC. Many special singers performing. Date: Saturday, April 12, 2003. Time: 4:00 p.m. Place: Lincoln Heights School (End of Lincoln Heights Road) Wilkesboro, NC. Cost is $5.00. All proceeds go to the Re-Opening of Thankful Community Club.

C.C. Wright Elementary School on Hwy. 115 South will be holding Funtimes for children who will be five years old by October 16, 2003 and attending kingergarten in the fall. Funtime dates are: Tuesday, March 11 at 6 p.m. and Tuesday, April 8 at 6 p.m. Parents need to bring the child's Birth Certificate, immunization records and Social Security card. Kindergarten screenings will be held on March 27. Children attending Funtimes will receive an appointment by mail. For more information call C.C. Wright at 838-5513.

Blue Ridge Opportunity Commision, Inc. (BROC) will hold a Public Hearing on its Community Services Block Grant (CSBG) for the program Year July 1, 2003 to June 30, 2004. The hearing will take place before the BROC Executive Committee Meeting at 6:30 p.m. on March 13, 2003 at the BROC Alleghany Office in Sparta, 1747 Hwy. 21 North Suite A, Sparta, NC. The proposal will be available for review immediately prior to the public hearing.

Out For Lunch — Clingman Family Resource Center is offering a class entitled "Out For Lunch" on Thursdays, from 9:00 a.m.-12:00 p.m. This is a free class designed to teach students about food, nutrition, food budgeting, and food safety education through a cooperative approach of the North Carolina Cooperative Extension Service and the North Carolina Division of Social Services. Please contact Kina Gilley Crumpton at 336-984-4047 for more information.

TOPS — Take off pounds sensibly. Join us every Monday at 5 p.m. at St. John’s Church Education Building located on C.C. Wright School Road. For more information, call Margaret at 696-2442.

A child passenger safety seat check by Certified child safety technicians takes place the third Wednesday of each month between 12 p.m. and 1 p.m. at the Wilkes County Health Department. No appointment is necessary. You must check in with the front desk receptionist. For more information, call 651-7478.