Winston-Salem Journal from Winston-Salem, North Carolina • 19

IRST EDITION MAKE OVER Winston Salem Journal Local News Wednesday April 20 Page 13 Obituaries Classified Today Nearby Js rm Journal Staff and Wire Roports Lawyers in Probe May Practice LEXINGTON Two Lexington lawyers who are under investigation for a possible conspiracy to bribe three officials may continue to represent clients pending a review of allega tions against them Judge Lester Martin Jr said last night However the lawyers Calvin Cunningham and Carroll Wall Jr will continue to be barred from court sessions conducted by Judge George uller of Lexington until complaints to the State Bar are resolved Martin said Martin is the senior resident district court judge in the 22nd Judicial District Cunningham and Wall are accused in complaints filed with the State Bar of soliciting $5000 from an Ohio woman last week in order to get a favorable ruling for her husband on 13 charges which uller was scheduled to hear in his court 't sources close to the case said District Attorney Zimmerman Jr said yester that both lawyers are also being investigated by the State Bureau of Investigation for possible conspiracy to commit bribery of certain public based on the complaints Zimmerman said that the other officials include a county officer and a probation officer whom he declined to identify But investigators and sources close to the case named the officials as Deputy Hampton of the Davidson County Department and Betty McCrary daughter of Sheriff Paul McCrary 'i Responses Surprise USDA DURHAM An assistant secretary of the Department Jof Agriculture said yesterday that his department was not prepared for a reaction from North Carolin ians to the proposed sale of federal lands were surprised to the extent of the reaction from North John Crowell said recognize that a large part that was because we had identified all of the Uwharrie National orest which is a small national forest but nonethe less important" Crowell is assistant secretary of agriculture for naturalresources and the environment Under a proposal by the Reagan administration the Sorest Service a branch of the Department of Agriculture has "been studying the disposal of about six million acres of federaland nationwide Crowell said that the forest service go any further with the proposal because legislation has not yet been introduced cool get too excited about this assets manage ment Crowell said got a long way to go before going to result in sales of land in North Carolina or i Grand Jury Continues Probe WINSTON SALEM A federal grand jury resumed its investigation yesterday of the deaths of five Communist dem onstrators in Greensboro on Nov 3 1979 but it recessed without considering any indictments Daniel Rinzel who heads the criminal section of the Justice civil rights division said that the grand jury will meet again today He would not say when the grand jury will finish its business The grand jury was empaneled 13 months ago to investigate what took place before the Communists were killed The demonstrators were shot to death during a clash with Ku Klux Klansmen and Nazis prior to a Communist sponsored to the march The Justice Department assumed jurisdiction in the case 18 months after a Guilford Superior Court jury acquitted six Klansmen and Nazis of the murders of the Communists and related state charges were dismissed against an additional 16 Klansmen Nazis and anti Klan demonstrators NCSU Dedicates Vet School RALEIGH Controversy marked its inception but that will be in the past today when State University dedicates its new $32 million School of Veterinary Medicine before an expected crowd of 1000 When planning for the school began in the early 1970s advocates ran into opposition from people who argued there was no need for another veterinary school in the state But backers insisted that the school on a 150 acre pasture for Holstein cows would boost agricultural production benefit farmers and provide continuing education for veterinarians already in practice NCSU to Study Spotted ever RALEIGH A study to pinpoint regions of North Carolina with high incidences of Rocky Mountain spotted fever will be conducted this summer at State University North Carolina led the nation last year in fatalities from the disease which is caused by bites from infected ticks Twelve people died and 213 cases were reported in 1982 The study will concentrate on testing dogs which can con tract the disease but cannot transmit it to humans think the dog represents a barometer for the disease in said Dr Richard ord associate professor of internal medicine know that ticks which carry the disease are capable of infecting humans and dogs Our goal is to try to diagnose the disease in dogs to characterize the distribution of the disease in numans It 7Z Be a Race for a Parking Place riday Night By Ann Corrigan Staff ft apart Downtown Winston Salem is usually a pret ty dead place on weekend nights Motorists usually can pick any parking space that suits their fancy Not so this weekend The grand opening of the Roger Stevens Center for the Perform ing Arts will bring thousands of theatergoers and their cars downtown on riday Saturday and Sunday Meanwhile teen agers will be downtown for dances and proms And a Bible college will be having its annual banquet nearby Tex Leonard assistant manager of the Ben ton Convention Center said that he has been working with the Winston Salem Police De partment to coordinate activities with the Ste vens Center events Once people maneuver their cars through unusually heavy traffic be faced with scrounging for a place to park are going to have to walk two or three blocks (from their parking spaces) Tm Leonard said Tickets for all performances at the Stevens Center except for about SO for riday night are sold This means that 1380 people not including those involved in the performances will be downtown just for events at the the ater a sample of what is happening ri day: 7:30 to 9:30 pm the gala opening of Ste vens Center which is at ourth and Marshall streets Afterward the crowd will move to the upper level of the Benton Convention Center at ifth and Cherry streets for dinner 7 to 9:30 pm Winston Salem Bible Col annual banquet in the lower level of the Benton Convention Center About 700 people are expected 7:30 to 10 pm a teen dance at Winston Square Park between Marshall and Spruce streets The park is half a block away from the Stevens Center 8 pm to midnight the annual prom for North Davidson High School at the ice skating rink below the Cherry Marshall park ing deck About 700 people are expected Suzanne Lufkin of The Arts Council Inc which is sponsoring the teen dance with the Winston Salem oundation said that the coun cil is recommending that teen agers come as early as possible Parking may not be that much of a problem for the teen agers because the park is south of the Stevens Center she said It is one of the weekly dances that will be held at the park during the year she said The first one was rained out and the second snowed out so they decided to go ahead with the third attempt Ms Lufkin said Bob Haverkos business manager for Win ston Salem Bible College said that the college hopes to be finished with the banquet before the Stevens Center crowd gets to the conven tion center for dinner Their main problem will be parking be cause the banquet starts shortly before the See Difficulties Page 2 Sheriff Says Deputies Acted In Good aith SUH Photo by BUI Ry Training JHftW4 I The helicopter carrier Guam steamed ahead Carolina based Marines participated in routine near Morehead City over the weekend as North training exercises By Kenneth Haynes Journal Surry County Bureau DOBSON Sheriff WR Hall of Surry County denies that members of his department illegally arrested five men after using an inva lid search warrant to raid a house during a poker game In a suit filed eb 15 in Surry Coun ty Superior Court a total of $1492528 in damages is sought from Hall Miller a detective Sgt Lonnie Jack son Georgia White a dispatcher and deputies Gary Brown and Robert McMillian Hall denies all allegations in the suit except that Miller struck Charles Ray Gray of Galax Va one of the men seeking damages But that was done in self defense Hall says in the answer filed April 8 The suit was by Gray Rex Dale Hawks of Dobson Rt 1 and Da vid Lee Daughenbaugh Vern Delies Daughenbaugh and Lowell Vern Daughenbaugh all of Lowgap The suit says that the five men were illegally arrested last July after Hall and his deputies used an invalid search warrant as grounds for forcing their way into the residence of Vern Delles Daughenbaugh in Lowgap The five men playing poker were arrested for gambling the an swer says They were temporarily jailed before posting bond According to Surry County court records gambling charges brought against the five as a result of the raid were voluntarily dismissed by the state last October in Surry County District Court Judge Jerry Cash Martin sup pressed all evidence obtained in a search of the house after ruling that Brown did not have sufficient evi dence to draw the warrant In making the ruling Martin con cluded that the warrant was drawn on information supplied in three tele phone calls by unidentified individ uals and that Brown failed to say in the warrant if he saw any illegal ac tivity or any contraband while looking through a window of the residence See Sheriff Page 2 Man Says McCray Used Gun to orce Oral Sex By Gary Terpening SUH Roportor A 25 year old Winston Salem man testified yesterday that Kevin McCray a co captain of the Winston Salem State University basketball team forced him to have oral sex at gunpoint last fall McCray 21 of 705 Anson St is charged with kidnapping and first de gree sexual offense Paul A Weinman an assistant district attorney prose cuting the case said that McCray faces a life sentence in prison if be is convicted Michael Palmer of 1741 Aberdeen Terrace testified in orsyth Superior Court that he met McCray while walk ing on Anson Street about 10:30 pm on Nov 22 1982 Palmer said that he was not sure about the time and that he had never seen McCray before McCray asked for a light Palmer said and then began walking with him McCray asked him to come into his apartment for a beer Palmer tes tified Palmer said that at first he hesitat ed because he wanted to go home and sleep But McCray appeared to be drunk and persisted he said so he agreed to avoid any further argu ment I said a free Palmer said The two men went to apartment Palmer said seemed to be fairly he said But Palmer said that he became a little leery when McCray locked the door from the inside with a key let him know in a physical man ner I go for Palmer said gesturing with both hands in a side ways push Later during his testimo ny he demonstrated the push on attorney Michael A Grace McCray left the room and returned with a shotgun Palmer said and stood between him and the door tried to talk my way out of he said He said that he could not and then offered McCray the $22 or $23 that he had in bis wallet tried to buy my way out of it with what I he said McCray took the money but gave it back Palmer said fear of my life I performed oral sex on Palmer said When they were finished Palmer testified he thought McCray was go ing to kill him See Man Page 16 Would Death Penalties Rise? Senator Calls Injections More Dignified Way to Die RALEIGH (AP) Supporters of a bill to usefethal injections instead of the gas chamber (or executions in North Carolina said yester day that the injections are more humane but opponents said injections would make capital punishment more acceptable to juries Sen Robert Davis Jr Rowan intro duced the bill to change the method of punishment He told the Senate Judi ciary III Committee that the gas chamber archaic method which was used to kill diany many thousands and perhaps millionsof Jewish people in World War jj He said lethal injections would be less pain ful more dignified and less expensive than the gas chamber being put to death should be al lowed to die with as much dignity as possible in spite of the crimes they may have commit Davis said But William Crumpler a Raleigh lawyer that no method of execution is humaneand that the bill would lead to more execu Mtions want to sugar coat for juries exactly what he said killing them making it more palatable to the public and in turn more palatable to the The committee took no action on the propos al bill would replace the gas chamber with injections of a fast acting barbituate and a paralyzing agent It would apply to people who receive the death penalty after July 1 but would allow those already sentenced to decide whether to die in the gas chamber or by lethal injection At least four other states use the procedure for executions North Carolina used the electric chair from 1901 until 1935 when the gas chamber was adopted The last execution occurred in Octo ber 1961 but there are 30 people 29 men and one woman now on Death Row 1 Davis said that death by cyanide gas could take more than eight minutes while the con demned person suffered dizziness pain and convulsions before succumbing to aspbyxia See Senator page 16 Planners Revising Screen Rule By Ann Corrigan Staff Reporter The branch of irst Union National Bank on Peters Creek Parkway have any i neighbors when it was built 10 years ago I But recently a Libby Hill Seafood restau i rant opened next door and the bank and restaurant suddenly fell prey to a fluke in the zoning ordinance This fluke requires the restaurant to put up a fence to screen itself from the bank The reason is that the bank is technically in I a residential district and the restaurant is I in a business district The bank worried that a fence would 9 give robbers a place to hide has asked that its zoning be changed I This the only time that the fluke in the zoning ordinance has caused problems according to planners In fact the staff of the City County Plan ning Board is reworking a part of the zon ing ordinance to prevent problems like this I one Paul A Birkner an assistant director of the staff said that he hopes to present his recommendations to the Planning Board at its informal meeting on April 28 in City Hall The bank is in a high density district that Ridge Bill Vote Delayed in Senate By Art Eisenstadt Journal Raleigh Bureau RALEIGH Lt Gov James Green delayed a final vote in the state Senate yesterday on a bill regulating mountaintop buildings after a senator proposed an amendment making it harder for local governments to withdraw from the provisions Green said he sent the bill back to committee only for procedural reasons just want to have it so that you know what talking about and I do said Green the presiding officer of the Senate The bill was assigned to the Senate Judiciary I Committee for the third time Sen Julian Allsbrook Halifax chair man of the committee said his panel would review the amend ment by Sen Robert Swain Buncombe on Thursday and try to have it back on the Senate floor for its third reading riday amendment would require local governments to decide whether they want to withdraw from the bill within 120 days after it is enacted they ought to know by then whether they want out or Swain said The ridge bill sponsored by Sen Thomas Henderson was approved 44 0 on its second Senate reading Thursday The proposed law prohibits buildings more than three stories See Amendment Page 16 permits offices and high rise apartments It is called and is considered residential was designed as a supporting dis trict for the center Birkner said was where you would have offices and possibly high rise apartments adjacent to the center city and within walking dis tance of But the only residential uses of that zon ing district have been for a handful of high rise apartments for the elderly and for projects on small pieces of property The main use of that district has been for offices throughout the county Birkner said What Birkner is trying to do is create a separate designation for offices and for institutions such as hospitals and schools he said has been a lot of discussion over the last five or so years about separating the offices from the and to establish an office and institutional Birkner said The bank received unanimous approval from the Planning Board last week in its request for special business zoning The Board of Aidermen must approve the zon ing change With business zoning for the bank the restaurant would not have to put up a fence.