The Herald-Sun from Durham, North Carolina • A4

4A HERALD-SUN THURSDAY JULY 21 2022 After six months of lim- bo, the Supreme Court of North Carolina has agreed to take up a case that could determine the future of dozens of the child sex abuse lawsuits. A lawsuit filed in 2020 by three former East Gas- ton High School students demands financial damag- es from the local board of education that oversaw a predatory wrestling coach. It is one of several lawsuits now on hold due to a legal dispute about the validity of a 2019 law allowing such cases. In 2020, the state SAFE Child Act opened a two- year window that tempo- rarily suspended the statu- te of limitations for child sex abuse lawsuits, allow- ing survivors of any age to sue until the end of 2021. Other states have done the same, some for longer periods.

Many dozens of people did sue, targeting the University of North Carolina School of the Arts, the Roman Catholic Diocese of Charlotte and more NC institutions. But they found themselves stalled last December by defense attorneys who argued that the measure violated their con- stitutional rights. A three-judge panel ruled in December that the revival law essential to the Gaston County lawsuit was unconstitutional. Parties in all cases filed during the opening of a temporary lookback win- dow are watching for the final outcome in the Gas- ton County case to gain insights into how their own lawsuits can move for- ward, attorney Bobby Jenkins said. THE GASTON CASE Associate Supreme Court Justice Sameul Ervin IV signed an order July 5, granting the Gaston Coun- ty petition that the highest court hear their challenge to the December ruling.

Jenkins said he expects the court to hold a hearing before mak- ing a decision, which could take many months. While the civil lawsuit is in a holding pattern, a criminal court convicted the Gaston County wres- tling coach in 2014. Gary Scott Goins, 54, was found guilty and sentenced to a minimum of 34 years in prison for 17 child mo- lestation charges. Three victims said in their testimony and com- plaint that Goins routinely used his position as a wres- tling coach to weasel him- self into private rooms with them, molesting them and pressuring them to keep quiet. heard various officials were alerted about problems and nothing was Superior Court judge Jesse Caldwell said when sentencing Goins.

He also said abuse violated trust hopes, public schools (that) tax- payers support and in pub- lic In their civil lawsuit, three victims charge the school with ignoring the concerning aspects of public-facing rela- tionships with his under- age charges. The Charlotte Observer generally name sex abuse survivors. Before their cases can proceed, thes state Su- preme Court must decide whether they have a right to file a lawsuit at all so long after the abuse stopped. THE SAFE CHILD ACT Until 2019, survivors of child sex abuse generally file lawsuits over their abuse in North Car- olina after they turned 21. That changed when a bipartisan team of law- makers, joined by North Carolina Attorney General Josh Stein, added a few sentences to a sweeping bill aimed at curbing child sex abuse in the state.

After some back-and- forth advocates at one point aimed for a perma- nent extension of the deadline to the 50th birthday but it was whittled down to age 28 both House and Senate joined in a rare unanimous vote to ratify the SAFE Child Act. In 2020 and 2021, doz- ens of plaintiffs filed new lawsuits against people they accused of sexually abusing them as children, as well as the institutions that oversaw them. attorneys have pointed to that wave of legislative support when arguing for their right to sue organizations that otherwise been safe from such litiga- tion. But defense attorneys fought back, saying the constitution forbade law- makers from retroactively eliminating their rights to a standard statu- te-of-limitations defense. In December 2021, with just days left before the two-year lookback window slammed shut, a three- judge panel sided with the defense.

And with that, dozens of survivors, abus- ers, schools and churches were thrown into a holding pattern. A ruling in one child sexual abuse case filed during the temporary look- back window auto- matically decide the others. But the state Su- preme ruling in that case could influence others, Jenkins said, as attorneys cite the high decision to judges in their own cases. But no one expects a ruling soon. Any deliber- ation from the Supreme Court of North Carolina is bound to take several months, Jenkins said.

Other factors could come into play in these lawsuits. In May, for example, the North Carolina Court of Appeals ruled that two men sued the Ro- man Catholic Diocese of Charlotte in 2014 use the window to revive their earlier claims, which a judge dismissed dismissed because of the statute of limitations. The Supreme decision gave plaintiffs Jenkins said. Plaintiffs dealing with (this legal argument) with emotions and feelings that have been brought back to life in a very real way after two years of trying to suppress Sara Coello: 704-218-9350, ETHAN HYMAN Attorney Christian Ferlan, center, speaks as judges Martin McGee, left, and Imelda Pate listen at the Wake County Courthouse in Raleigh, Oct. 21, 2021.

Judges McGee and Pate are part of a three judge panel who listened to arguments Thursday about the constitutionality of temporarily suspending the statute of limitations for child sex abuse lawsuits. NC Supreme Court will decide whether child sex abuse survivors can sue decades after abuse BY SARA COELLO OXFORD A deputy in Granville County was justified in fatally shooting an armed 23-year-old man in February, the district attorney has ruled. But Michael Waters, the DA for Granville and oth- er counties in the 11th Prosecutorial District, also said the incident shows law enforcement must do more to de-escalate vio- lent situations with people in a mental health crisis. Makari Jamel Smith, 23, who struggled with mental illness, would not drop a shotgun when instructed by deputies. He was shot and killed by an deputy who returned fire after Smith fired at officers.

The name was not released. unfortunate series of events leading to death should rein- force the need for contin- uing efforts of law en- forcement to find more effective avenues to help defuse volatile situations that may arise during a mental health Waters wrote in his review of the case, released Tues- day. 911 CALL IN OXFORD Authorities had re- sponded to a domestic disturbance call after 5 p.m. at a home on Reavis Road in Oxford. Smith was an armed services veteran who had recently begun to have mental health issues, which the evidence shows the responding deputies did not know about, Wa- ters said in his review of the case.

The case was investigat- ed by the State Bureau of Investigations, which is routine when law enforce- ment shoots a person. After a Granville County emergency operator re- turned a hang up call from the Reavis Road resi- dence, Smith said on the phone in a 24-second call that he was having a break- then hung up. Text messages to his mother that morning at 5:18 a.m. suggested suicid- al thoughts. Valerie Smith-Ragland, mother, previously told WRAL that her son had post traumatic stress disorder and schizo- phrenia and a lot of while in the Army.

She previously called the police after Smith left the military in April 2020, she said. Waters said that the most important piece of in the investigation was the 43-minute footage from the involved body camera, which he said captures the interac- tions between Smith and the officer. JUST DROP THE After the initial 911 call, Smith called again to tell an emergency operator that everything was fine. A woman, identified as mother, was heard in the background yelling that everything was not OK, according to the in- vestigation. Minutes later, a call about a domestic disturb- ance was made from the residence.

Several law enforcement officials arrived and were told that Smith had left with a shot- gun and had assaulted his mother and was mentally ill. Officers searched for Smith, who had fled into the woods, but did not find him. Officers were on the scene for about 40 minutes and were advised that Smith was armed and had prior military experi- ence. mother left the scene to get a restraining order and an involuntary commitment order, ac- cording to Waters. Officers returned before 6:30 p.m.

when they re- ceived a report that Smith had returned to the home with the shotgun. An officer arrived to find Smith, who was armed and refused to obey commands to drop the weapon. The deputy who fired at him was heard saying before just drop the and want to do in body camera footage, Waters wrote. Smith raised his weapon and fired at one of the deputies during the stand off. The deputy returned fire with three rounds.

Deputies rendered med- ical aid to him after he was shot. Emergency medical services personnel were called to the scene. Smith died at Duke University Medical Center later, Granville Sheriff John Hardy said previously. No officers were injured in the incident. Considering video and electronic evidence, state- ments taken during the investigation, and evi- dence including numerous records and reports, is apparent that the Subject Deputy shot Smith after the Subject Deputy rea- sonably believed that Smith would shoot Waters wrote.

Aaron (919) 297-8162, No charges for NC deputy who shot armed man BY AARON WASHINGTON Rep. Alma Adams thought back Wednesday morning to July 2013, when she stood on the House floor in North Car- olina with a coat hanger in hand. She said her colleagues then were debating and she wanted them to un- derstand what would hap- pen if they limited access to abortions. stood on the floor with my coat hanger, be- cause where going back Adams said. who need this care will find a way to get it, and what really breaks my heart.

will die who have to, all because of this unruly rule that this Supreme Court passed Adams, 76, a Democrat who now represents the Charlotte area in Congress, was speaking to reporters Wednesday morning less than 24 hours after being arrested for protesting a decision from the U.S. Supreme Court that overturned two landmark cases that had ensured abortion rights. Adams marched with about 50 others, including fellow members of Con- gress, from the steps of the U.S. Capitol to the Supreme Court. The dem- onstrators sat down in the middle of First Street NE, which separates the Capi- tol grounds from the courthouse, to protest the decision.

Capitol Police gave them three warnings to move before arresting 35 people, including 17 mem- bers of Congress. colleague, Rep. Dan Bishop, a Republican who also lives in Char- lotte, called on Capitol Police to treat his col- leagues as they did the rioters who stormed the Capitol on Jan. 6, 2021. they be sent to the DC gulag with the J6 pris- Bishop tweeted.

is fair, More than 10,000 riot- ers stormed the Capitol in an attempt to stop the election certification of President Joe Biden. The insurrectionists used vio- lence to break into the building. think just trying to take away from the awful things that hap- pened on Jan. Adams told reporters in response. want to talk about Bishop tweeted again as Adams and other law- makers returned to the House floor late Tuesday to vote on a bill that en- sures same-sex marriage.

there be a dual standard of he asked. Mr. Bishop will remember that there are a women and girls in his district who care about this Adams said in response. think that a double stan- dard at all. And, you know, I expect any more from my Republican colleagues than to say things like ABORTION RULING Adams said con- cerned for her constitu- ents in North Carolina.

The state has a 20-week abortion ban in place, which House Speaker Tim Moore and Senate leader Phil Berger have vowed to ensure is fully enforced. Neither House nor Sen- ate took up legislation on abortion before adjourn- ing this month, but Moore said it would be a top priority next year, WRAL reported. Adams said she worked with the lawmakers in North General Assembly and she believes not the type of people that she can expect to do the right thing. deserve nothing less than our bodily auton- omy and our freedom to access Adams said. is a law that was in effect for almost 50 years, and thinking about turn- ing back the hands of time, because exact- ly happening, I never thought see it in my Adams said that deci- sions made about a wom- body need to be left between the woman and her health care provider, not the government.

She said critical to speak out against the Supreme decision. Supreme decision was fundamen- tally Adams said. continue to believe that, so going to continue to put my body on the line and record my votes in the House in defense of abor- tion Adams left the Capitol Tuesday anticipating her arrest. She said she made the decision to march to stand up for those who feel unheard. Tyler Lee, her Repub- lican opponent in Novem- election, said in a fundraising email that arrest was a cry for attention and encour- aged lawlessness.

This first arrest. In the 1990s in Greensboro, she was ar- rested protesting low wag- es. She said she has warned her family about possible arrests throughout her career. may see your mother on the news, or get arrested, or that kind of thing, but it be because of the wrong Adams said. think you have to stand up for what is right whenever you have an opportunity to do that.

what done all my Officers charged Adams with crowding, obstructing or incommoding Tuesday. you have to get in the Adams said. was good trou- ble, if you Adams said the arrest- ing officers were respect- ful to her, because she treated them with respect. back to comment about Jan. 6, we do any of that, and so they made sure we had water because it was very hot, so I thought they were very respectful and I ap- preciate that very Adams said.

Adams has 15 days to pay $50 as a result of her arrest, though she said she was prepared to pay the money at the time. She thanked constitu- ents who reached out and offered up bail. Danielle Battaglia: Danielle Battaglia After abortion rally arrest, NC lawmaker to to put my body on the BY DANIELLE BATTAGLIA.