Asheville Citizen-Times from Asheville, North Carolina • Page 15

TUESDAY, MARCH 14, 2000 B5 ASHEVILLE CITIZEN-TIMES NORTH CAROLINA Local news online: High court hears arguments in DWI murder appeal By Estes Thompson THE ASSOCIATED PRESS RALEIGH Supreme Court justices peppered lawyers with questions Monday in the landmark case of a driver convicted of murder for killing two college students when he crashed after taking painkillers and drinking beer. The appeal, which the court will rule on later, may determine the future of tough laws to punish drunken drivers who kill others. Thomas Richard Jones' attorney said if the court upheld Jones' conviction, murder charges could be filed in more ordinary traffic cases. A state attorney argued Jones' conviction was what the Legislature intended. Jones was the first person in "(Thomas Richard Jones) intentionally drank, he intentionally took drugs, he intentionally drove.

He intentionally did everything up until he hit the car and then he said, 'Oops, I didn't mean to kill them." IKE AVERY, special deputy attorney general the nation to face a possible death sentence for deaths caused in a traffic wreck. His car collided with a vehicle filled with six Wake Forest University students in 1996; two died, and three were seriously injured. Jones was sentenced to life in prison after being convicted of murder in 1997. On Monday, the victims' photos were displayed on a poster in the courtroom. The small spectator section was packed with students and other onlookers.

Chief Justice Henry Frye asked whether people driving over the speed limit on Interstate 40 could be charged with firstdegree murder if they cause a fatal accident by intentionally speeding. "It's difficult because the person can be subjected to the death penalty," Frye said. Associate Justice Franklin Freeman, a former prosecutor, said he was troubled by the argument that someone who wasn't drunk, but guilty of killing someone else in a crash, could be subject to the death penalty. Jones took painkillers and drank beer, but he wasn't charged with driving while impaired because his blood alcohol was below the legal limit. "It's black letter law," said Special Deputy Attorney General Ike Avery, arguing that each case have to be judged on its merits.

"We're just applying the law the Legislature passed. This case is one that falls under the felony murder rule." At Jones' trial, prosecutor Vince Rabil argued that he used his pickup truck as a deadly weapon and that, by injuring four other students, he committed other felonies at the same time he killed Maia Witzl and Julie Hansen, both 19. He charged Jones with four counts of assault with a deadly weapon with intent to kill, which Davidson sheriff's in-your-face law enforcement tactics spawn imitators THE ASSOCIATED PRESS LEXINGTON Sheriff Gerald Hege has become such a household name throughout the North Carolina's Piedmont that residents in other counties often refer to Davidson County as "Hege Country." Hege's personal product line, his pink jail, his weekly talk show on cable television and his tough talk have gotten him attention far surpassing that of ordinary sheriffs. Other law-enforcement agencies are adopting some of Hege's policies. The military-style fatigues that Davidson County deputies began wearing in 1994 have been adopted by other sheriff's departments in the Triad.

Hege's relentless road checks are now common practice for deputies in Rowan, Rockingham and Yadkin counties. Sheriffs throughout the Triad said Hege has been instrumental in shaping their approach to law enforcement. Rowan County Sheriff George Wilhelm was elected in 1998 with the help of Hege, who campaigned for Wilhelm against an incumbent sheriff. Shortly after he was elected, Wilhelm pulled television sets out of the county jail and suspended coffee and cigarette privileges for inmates trademarks of Hege's approach to incarceration. Rowan County deputies also switched to a blue utility-type uniform and increased the number of road checks.

Wilhelm said the department's new look and aggressive attitude are paying dividends. "Drugs are the root of most crimes, and drugs are transported over the roads," Wilhelm said. "The more stops we do, the greater chance we have of catching criminals." Hege traveled to Rockingham County to campaign for Sam Page, a former Eden Police Department investigator. Adopting a campaign style similar to Hege's, Page unseated one of North Carolina's longestserving sheriffs, Bobby Vernon. Page also yanked television privileges from inmates and banned smoking in the county jail.

Then, he painted two of his THE ASSOCIATED PRESS Sheriff Gerald Hege talks to DARE graduates from Southwood Elementary School in Davidson County on Thursday. Hege has become a household name throughout the North Carolina Piedmont that residents in other counties often refer to Davidson County as "Hege Country." Hege's personal product line, his pink jail, his weekly talks show on cable television and his tough talk have gotten him attention far surpassing that of ordinary sheriffs. cells pink with polka dots. Page said he puts inmates in those cells when they become disruptive. "It sends a message that if you act like children, you'll be treated like children," he said.

Rockingham County has also adopted Davidson County's relentless road blocks to catch more offenders, and Page has taken to wearing fatigues and packing an M-16 ARENA: Smoke owner wants new sports arena Continued from B1 "That's kind of the key that we bring to the table is that we are here," Wilhelm said. "Our goal is that we'll be here forever, but I just think (the arena) is a need that needs to be addressed." A newer arena could offer the modern features at the same cost or cheaper than upgrading the 25year-old Civic Center, Wilhelm said. Catering, modern concession booths and open-skating facilities, could draw additional revenue from events like wrestling, concerts, ice shows, the symphony and arena football. "Now you've got a truly community center that's multiuse and multi- purpose," he said. "I tell everyone this isn't an Asheville Smoke issue, it's a Western North Carolina issue." Wilhelm said his project would fit a proposal to pursue an arena, performing arts center and convention center together or separately.

boosted the two murder charges to first-degree. "Mr. Jones' conviction was not based on a DWI," said Jones' attorney, David Freedman. "If the court affirms that conviction, it cannot limit (it) to a DWI." Under the prosecution's approach, a person who ran a red light because he was late for work and killed someone would be guilty of first-degree murder, Freedman said. Jones was charged with murder under the felony murder rule.

The rule says a person can be charged with first-degree murder and be eligible for the death penalty if they use a deadly weapon to commit a felony that results in a death. the students' path. When they Jones' vehicle, swerved into tried to turn into a side street to avoid him, his car rammed into them and rode over the students' car. "He intentionally drank, he intentionally took drugs, he intentionally drove," Avery argued. He intentionally did everything up until he hit the car and then he said, 'Oops, I didn't mean to kill them." Juries in two other cases also have convicted drunken drivers of first-degree murder.

The state Court of Appeals upheld Jones' conviction in June, but the case was sent to the state's highest court because the three-judge panel didn't reach a unanimous decision. North Carolina now is one of six states with laws allowing prosecutors to seek the death penalty against drunken drivers who kill, according to the National Traffic Law Center. CAPITOL LETTER Carteret bond vote may have impact on beach renourishment ent COM I "It's an exciting time for law enforcement." Not everyone is a Hege fan. His four opponents in the 1998 election each took issue with least one of the sheriff's unorthodox methods. But for now, Hege and his inyour-face law enforcement tactics remain in vogue.

"We've got to take some chances," Page said. "Being aggressive is not that bad." State legislator indicted on sexual abuse charges THE ASSOCIATED PRESS LENDLY AUTO 5 assault rifle as his personal weapon. Hege carries an M-2 submachine gun. "Most high sheriffs have their own weapons they can use to blast their way out of a situation, if need be," Hege said. Page readily acknowledges Hege's influence.

"Sheriff Hege opened up a lot of doors where some sheriffs never went before," Page said. KANNAPOLIS State Rep. Richard Moore was indicted Monday on sexual abuse charges stemming from an investigation into allegations involving a 16- year-old former student. A Cabarrus County grand jury indicted Moore on five counts of crimes against nature and one count of attempted second-degree forcible sexual offense. The state attorney general's office had been investigating the allegations against Moore, D- Cabarrus, that forced him to leave his teaching job and announce in January he wouldn't seek re-election this year.

He now is a youth minister at a Kannapolis church. "I am saddened and distressed at these charges," said state House Speaker Jim Black in a statement. "Richard must decide whether he can effectively represent the people of the 90th District, and do what is best for his constituents and for himself." Moore resigned Aug. 25 from would pay 64 percent of the cost," he said. "Bogue Banks account for 1 percent of the county's land mass, but provides 43 percent, of the county's property And if the tourist industry disappeared, tax rates for mainland residents would have to increase 50 percent to maintain services, he said.

Those who want more state money for sand may face as much trouble in Raleigh if the bond issues passes as they would if it fails. With a tight state budget expected this year, and no stomach for tax increases in an election year, legislators could just as easily point to a winning bond issue as a method for well-off beach communities to finance their own improvements. Levin and other renourishment supporters say it is a myth that sand pumped onto beaches just washes away and has no long-term effects. They point to Wrightsville Beach and Carolina Beach, where renourishment programs have been used for more than 30 years. But Stan Riggs, aEast Carolina University coastal geologist, doesn't hold out much hope for long-term preservation of the state's barrier islands.

Riggs, appearing before a legislative commission studying beach renourishment and other coastal issues, showed lawmakers a map of how he sees the coastline 100 years from now. The distinctive strand of barrier islands sheltering the mainland is gone on that map, replaced by a few isolated islands. Riggs said he based his projection on the premise the barrier islands are shaped by ancient river beds and flow patterns to the coastal shelf. And he said his projection could come a lot sooner than 100 years, he said, based on the storm patterns of the last few years. AP News Analysis would pay 64 percent of the EA 101 "I am saddened and distressed at these charges.

Richard (Moore) must decide whether he can effectively represent the people of the 90th District, and do what is best for his constituents and for himself." JIM BLACK, N.C. House speaker in a statement his position at A.L. Brown High School and surrendered his state teaching license. A former student at A.L. Brown told officials in August that Moore had acted in a sexually inappropriate manner with him and another former student, according to state documents.

Cabarrus County District Attorney Mark Speas asked the attorney general's office to as investigate the case because Moore once aided the DA's office. By Dennis Patterson THE ASSOCIATED PRESS RALEIGH For coastal communities that want the state to spend more money on beach renourishment, there is a lot riding on a March 21 bond referendum in Carteret County. County voters are being asked to approve a $30 million bond issue to pump sand onto eroding Bogue Bank beaches. If approved, it would be the first time in this state that a local community financed its own beach renourishment project without federal or state help. The vote, which even supporters admit could go either way, comes just as the North Carolina Shore Beach Preservation Association gears up to seek more state money for renourishment projects.

The organization, formed 18 months ago, includes officials of coastal towns and beach residents who argue that the state is ignoring a vital economic engine by not, putting up enough renourishment money. Joan Altman, the mayor of Oak Island and executive director of the beach preservation group, argues the state ought to do more to preserve beaches for the public. Under state law, land below the mean high tide line belongs to the public. "When you have communities located next to a national or state park, they are not expected to pay for the maintenance of the park," she says. "So why should a town be responsible for maintaining the public beach adjacent to it?" Carteret County is one of three areas in the state the preservation association has targeted for more state aid in beach preservation.

It also supports renourishment projects for Dare County to the north and Brunswick County to the south. Federal plans to renourish Bogue Banks beaches in 2009 just won't work, said Dick Levin, a retired UNC-Chapel Hill business professor who owns a home at Pine Knoll Shores. "We've got no beach at high tide now," he said. "We're not going to last nine years." The local bond issue is supposed to finance a "temporary" renourishment project that will hold the beaches until the federal spending arrives. But what happens if it doesn't pass? Beach renourishment advocates are going to have a difficult time in Raleigh arguing that inland taxpayers with no connection to the coast should pay for renourishment projects local taxpayers won't support.

Levin acknowledged that the hard sell for the bond issue was with county residents who don't live on the beach or on the banks. A tax district formula developed to go along with the bond issue puts most of the burden on beach property owners. But some county residents who don't live in tourist areas could end up paying an average of about $9 a year extra in taxes, Levin said. "Gceanfront property owners OBITUARIES Exactly where to build a arena could be one of the largest question marks. Wilhelm said tearing down the existing facility leaves the Smoke in the cold and more importantly takes the city as a venue off the map for two years.

"Location is always a difficult decision," he said. "It would be great to have it downtown, but at the same time, it's the most expensive option." In his written proposal, Wilhelm has developed a list of 10 general areas where 30-acre lots could potentially be acquired. Those include off Swannanoa River Road and off Interstate 26. Gantt said he's convinced funding will determine location. "I am not wed to any positions on location," he said.

"I think where you get the financing is going to dictate where it's going to go." Contact Lewis at 232-2936 or from page B4 ELVIE CORN CULLOWHEE Elvie Corn, 90, died Monday, March 13, 2000, at AuCare Nursing Home. Moody Funeral Home in Sylva will tumn announce arrangements. LORA A. COOPER ASHEVILLE Lora A. Cooper died Monday, March 13, 2000, in a local hospital.

Morris Funeral Home, 304 Merrimon will announce arrangements. JEAN M. FREEMAN CANDLER Jean Mitchell Freeman, 78, of 485 Hooker's Gap Road, died Monday, March 13, 2000, at the Hospice Solace Center. Groce Funeral Home on Patton Avenue will announce arrangements. ELIZABETH MARYNE ASHEVILLE Elizabeth Maryne, 85, died Sunday, March 12, 2000, in Mountain View Wellness Center.

No services are planned. Groce Funeral Home on Patton Avenue is in charge of arrangements..