10/31/07

Man flung from car, run over in wreck

Wednesday, Oct. 31, 2007

By Marcie Young
Charlotte Observer Staff Writer

A Minnesota man died Tuesday night after he was flung from his car onto the highway and run over by another vehicle, authorities said.

Peter Yang of St. Paul, Minn. was driving a 1994 Honda west on Interstate-40, less than a mile from Valdese, shortly before 10 p.m. Tuesday and was merging into another lane when he lost control of the car and slammed into the guardrail, said First Sgt. J.G. Duckworth of the N.C. Highway Patrol.

Yang was going about 90 mph in a 65 mph zone, Duckworth said, when he hit the barrier and veered back onto the highway and into a 1995 Lexus driven by Edgar Gamez of Hendersonville.
Yang was thrown from the Honda onto the highway before the car came to rest near the side of the road, Duckworth said.

About a minute later, he said, a 2006 Chevrolet sports utility vehicle headed west on the interstate ran over Yang's body, which was still lying in the roadway.

"Did he die because of the first collision or because of being run over in the second?" Duckworth asked. "That's a question we'll probably never be able to answer."

Two passengers in Yang's car and one other person in Gamez's vehicle received minor injuries in the wreck. The driver of the SUV, Walter Labbett of Fletcher, was not hurt.

Duckworth did not know the ages of anyone involved and said that no one will be charged.

All content © THE CHARLOTTE OBSERVER and may not be republished without permission.

Man robs Hickory bank, flees with cash

Wednesday, Oct. 31, 2007

By Marcie Young
Charlotte Observer Staff Writer

Police in Hickory are looking for a man who walked into a bank Wednesday afternoon, told the teller he had a gun and fled on foot with cash.

Shortly before 1 p.m. Wednesday, a man walked into the First Citizens Bank on U.S. 70 in Southeast Hickory and handed the teller a note saying he had a gun, said Hickory police Capt. Clyde Deal.

Authorities said the man did not show a gun during the robbery but fled from the bank on foot with an undisclosed amount of cash.

Anyone with information is asked to call the Hickory Police Department at 828-324-2060.

All content © THE CHARLOTTE OBSERVER and may not be republished without permission.

10/30/07

Man charged in Newton stabbing

Tuesday, Oct. 30, 2007

By Marcie Young
Charlotte Observer Staff Writer

Newton police have charged a man in last week's stabbing of another man, who fled in a car for help and was spotted driving erratically by police.

Horace Eugene Bost, 24, of Newton was charged with assault with a deadly weapon with intent to kill, inflicting serious injury; and armed robbery, both felonies, said Detective Spencer Cline.

On Thursday night, officers stopped Stephen Lewis Norman, 32, when they noticed his burgundy, 1996 Oldsmobile Cierra swerving through Newton's streets, authorities said.

Norman twice ran off the side of the road, hitting an embankment, mailbox, fire hydrant and a home. When police approached Norman, who was still in the car, they discovered that he had been stabbed in the abdomen.

Norman told police, authorities said, that he had been robbed by two men at E-Z Way Food on East D Street. Newton police are still trying to identify the second man involved in the robbery, Cline said.

Norman was at Catawba Valley Medical Center Tuesday and in critical condition. Bost was being held at the Catawba County Jail on a $200,000 bond.

All content © THE CHARLOTTE OBSERVER and may not be republished without permission.

10/29/07

Man killed during home invasion

Monday, Oct. 29, 2007

By Marcie Young
Charlotte Observer Staff Writer

A Valdese man died early Sunday morning after a botched home invasion at a neighbor's apartment, authorities said.

Joseph Jay Durkee, 35, was stabbed six times in the chest and the back and died shortly after midnight at Valdese General Hospital, said Chief John Suttle of the Valdese Police Department.

Henry Jackson, 59, told officers that he and his wife were sleeping in their Valdese home at about 11:55 p.m. Saturday when they heard glass shatter and found someone climbing into their apartment through a rear bedroom window, Suttle said.

Jackson and the man, who was wearing a stocking mask and gloves and was carrying a knife, Suttle said, began fighting and moving from one room to another.

"It was evident that there was a significant struggle," Suttle said.

Jackson told police he grabbed the mask off the man's head and recognized him as Durkee, who moved into the neighborhood from Florida a few months ago, Suttle said.

During the fight, Suttle said, Jackson grabbed the knife and stabbed Durkee several times. Durkee was taken to Valdese General Hospital, where he died.

Jackson received a few minor cuts on his hands during the altercation, Suttle said, and his wife, who called police during the break-in, was not injured.

Police have not charged anyone in the death and have turned their investigation over to the District Attorney's Office, Suttle said.

All content © THE CHARLOTTE OBSERVER and may not be republished without permission.

10/25/07

Rains cause another Hickory sinkhole

Thursday, Oct. 25, 2007

By Marcie Young
Charlotte Observer Staff Writer

Rain that has pounded Hickory for three days caused another sinkhole to open Wednesday afternoon.

The Hickory Fire Department was responding to a call at a southwest Hickory business on U.S. 70 when they noticed the sinkhole in the parking lot of a neighboring building, said Capt. Farrell Duplain.

The hole was already at least 10 feet wide, Duplain said, and the pavement was giving away around the tire of a car parked in the lot.

The owner of the building, Duplain said, was in the parking lot and had called a tow truck to pull the car away from the sinkhole before it was swallowed.

Within hours, Duplain said, the hole had grown to at least 15 feet in diameter and was surrounded by another 5 feet of loose pavement that looked unstable and ready to collapse, he said.

He was not sure how far into the earth the hole went but said it was several feet deep. He recommended the building owner contact an irrigation or plumping company to pump water out of the hole.

"I told him it was not safe to put anyone near the edge of it at all," Duplain said.

Rain began falling in Hickory Monday evening and was expected to fall through Friday, according to the National Weather Service.

Hickory gained national attention in 2002 when two huge sinkholes, about a mile from the hole discovered Wednesday, opened up in restaurant parking lot and swallowed a new Corvette. Three other sinkholes in the Catawba Valley opened in 2005.

All content © THE CHARLOTTE OBSERVER and may not be republished without permission.

Teens charged with making bomb threat

Thursday, Oct. 25, 2005

By Marcie Young
Charlotte Observer Staff Writer

Two Catawba County teenagers were charged Wednesday with making a bomb threat at their high school, authorities said Thursday.

Brett Aaron Lytton, 16, and Spencer Logan Belair, 17, were charged Wednesday afternoon after school officials found two teenagers in a boys' bathroom at Bandys High School, Reid said.

One of the teens was writing a threat on the bathroom wall, Reid said, while the other watched to make sure no one walked in.

Lytton and Belair were charged with making a false bomb report, which is a felony. No bomb was found.

Bandys High School has initially suspended the teens for 10 days, said Catawba County Public Schools spokeswoman Carleen Crawford, and Superintendent Tim Markley will decide if the students will be suspended for longer.

Markley could not be reached Thursday but has said he'll impose the maximum penalty -- a year-long suspension -- for students caught making bomb reports, Crawford said.

"We take these bomb threats or copycat bomb threats very seriously," Crawford said.

Lytton and Belair were released to their parents' custody on $1,500 bonds.

All content © THE CHARLOTTE OBSERVER and may not be republished without permission.

Rural family, developers at Wal-Mart site work together

Living in the shadow of The Great Wall

Thursday, Oct. 25, 2007

By Marcie Young
Charlotte Observer Staff Writer

GRANITE FALLS --Kathy Keller wakes up early every morning to feed apples and hay to the 29 miniature horses she and her husband, Danny, keep on their Caldwell County farm.

Six dogs might be yapping behind her, while a cat or two watch lazily from the back porch and a half-dozen chickens and roosters cluck around a fenced-in portion of the yard.

"It's like you've gone back in time," Kathy Keller said of the family's 42 acres tucked into a secluded valley off U.S. 321. "There are so many leaves, and the holler slips below the highway some ... It's wilderness back here."

That's true, Keller said, even as the land has been leveled to make way for a shopping complex and Wal-Mart Supercenter being built behind their garden, woods, pond and long stretches of pasture.

Here, Caldwell County's economic future and its rural past have collided and are learning to co-exist.

And "the great wall of Wal-Mart," as Danny Keller calls it, is the divider.

On top of the 800-foot, concrete-block retaining wall that towers nearly 50 feet above the Kellers' garden and pond, bulldozers clang, giant trucks haul in loads of construction materials and workers build the 280,000-square-foot shopping center.

But on the other side of the wall, seven cows take refuge in the shade of a juniper tree, snakes slither along the parched fields, raccoons capture and kill poultry during the night, grandkids play with the horses, and dogs trot behind the Kellers when they take walks through the property.

"It looks like two worlds," said 61-year-old Danny Keller, who was raised on the farm and has lived on the property most of his life.

Last spring, a national commercial development company announced that it had bought the land adjacent to the Kellers' property and would transform the rolling hills and woods into a shopping complex and later add single-family homes.

"We were just scared to pieces when Wal-Mart first said they were coming," Kathy Keller, 60, said. "No one would choose to have an industry behind them when they're used to having other houses. But how can you pick up a farm and move it?"

And while news of a new Wal-Mart often brings with it opposition and controversy, the Kellers said none of that has been true in their case. Instead, they said, they are learning to co-exist with economic progress.

The development company has been good to work with, the Kellers said, and has adjusted building plans to accommodate some of their requests. The company rerouted the pipes when the Kellers said they were worried about drainage from the complex and the 1,800-spot parking lot seeping onto the their property.

And the company waited until the blue herons, crane-like birds and their chicks migrated before tearing down the oak trees holding the beach-ball-sized nests and leveling the land.

"There have been no cross words whatsoever," Kathy Keller said. "The privacy is gone, but they've been kind ... and have done everything they possibly could to adjust."

Though construction has caused rush-hour traffic jams and the new complex will increase the flow of cars and trucks near the Kellers' home, they say the congestion isn't a problem.

"The traffic light is a godsend," Kathy Keller said. "It used to take me 10 minutes to get onto the highway (from our driveway). Now it takes me five."

The wall, the Kellers said, is higher than they thought it would be and say it's a relief they can't see the trucks moving across the construction zone or see the buildings.

"We hear the boom, boom, boom. It's a racket," Danny Keller said. "But the wall is so high, we can't see much."

Mostly, the Kellers said, they're sad to see urban sprawl encroaching on the country way of life they've always known.

They've noticed a little more litter -- beer cans and empty chip bags -- at the base of the giant wall, have heard the clanging of construction for months and have noticed that there are more deer, snakes, raccoons, rabbits and other wild animals making their way onto the Keller land.

"They don't have anywhere else to go," Kathy Keller said. "There isn't much land left for them."

They understand the need for progress, she said, but hope that they can keep this sliver of country just as it is for as long as they can.

"Until the last Keller is alive, this will still be a farm," she said. "It's in their blood."


All content © THE CHARLOTTE OBSERVER and may not be republished without permission.

Johnson begins his challenge for McHenry's seat

Ex-Wake prosecutor, a Hickory native, known for saving fellow sailor

Thursday, Oct. 25, 2007

By Marcie Young
Charlotte Observer Staff Writer

Daniel Johnson, a Hickory native and former Navy ensign who made national headlines in 1999 after he lost his legs trying to save a fellow sailor, said Wednesday that he'll challenge U.S. Rep. Patrick McHenry next year.

Johnson, 31, resigned three weeks ago from his job as an assistant district attorney in the Wake County District Attorney's Office and moved back to Hickory, in part to run for Congress, he said. He said he was in job negotiations with a law firm in Hickory.

He said Wednesday that he's running against McHenry, a Republican, because he's "tired of the partisanship and divisive politics" on Capitol Hill.

"When a person is elected as a representative in Congress, they aren't elected to represent a party," he said. "They need to be focusing on the problems people are facing in this area of North Carolina."

The biggest issues in the 10th District, he said, include economic growth, health care and veteran care.

Johnson, a Democrat, was a Navy ensign when he lost his legs below the knees while helping to free another sailor who had become entangled in a rope on the USS Blue Ridge in August 1999. The Navy gave him the Navy-Marine Corps Medal, its highest peacetime award for bravery.

"There's not a lot of people in Congress right now who have a lot of military experience, yet they make the decisions about war," he said.

McHenry, also 31, would be running for his third term next year.

All content © THE CHARLOTTE OBSERVER and may not be republished without permission.

Police seek bank robber who left crime scene on foot

Thursday, Oct. 25, 2007

By Marcie Young
Charlotte Observer Staff Writer

Hickory police are looking for a bank robber who fled on foot Wednesday after demanding money at a BB&T branch.

Shortly after 12:30 p.m. Wednesday, a white man with dark eyebrows, mustache and goatee walked into the BB&T bank on Springs Road in Hickory and handed a teller a note saying he had a gun, Hickory police said. He did not show the teller the gun, authorities said, but demanded money.

The man, dressed in a black, hooded rain jacket and jeans, was carrying a green, military-style bag, police said. He left the bank on foot with an undisclosed amount of cash.

Anyone with information is asked to call the Hickory Police Department at 828-324-2060.

All content © THE CHARLOTTE OBSERVER and may not be republished without permission.

Police: Collision with truck kills woman who ran red light

Thursday, Oct. 25, 2007

By Marcie Young
Charlotte Observer Staff Writer

A Newton woman died Wednesday when she ran a red light on U.S. 321 and collided with a tractor-trailer, authorities said.

Martha Ann Cook, 56, was driving a 1999 Subaru north on U.S. 321 shortly before 8 a.m. Wednesday and drove through a red light at the intersection of Second Avenue S.W., said Capt. Clyde Deal of the Hickory Police Department.

A tractor-trailer driven by Robert Swingle of Maryland was turning east onto Second Avenue from the highway and slammed into the driver-side door of Cook's car, Deal said. Cook was taken to Frye Regional Medical Center in Hickory, where she died.

Neither Swingle nor a passenger in Cook's car were injured.

All content © THE CHARLOTTE OBSERVER and may not be republished without permission.

10/20/07

13 years for fatal crash

Catawba man accused of DWI, speeding in wreck that killed Hickory woman

Saturday, Oct. 20, 2007

By Marcie Young
Charlotte Observer Staff Writer

A Catawba County man charged with driving drunk through downtown Hickory was sentenced Friday to at least 13 years and five months in prison in connection with a crash that left a woman dead.

Jurors deliberated for five hours before deciding to find 21-year-old Enrique Cardenas Zavala guilty of second-degree murder in the Sept. 29, 2006, death of 55-year-old Rena Moore. Her husband, 59-year-old Jerry Moore, was critically injured.

Attorneys on both sides said they agreed on the facts -- that Cardenas Zavala had gone to Hickory High School's homecoming football game and decided to drink alcohol. Afterward, they agreed, he stopped at a convenience store and bought some beer.

He was speeding through downtown Hickory's streets, going 62 mph in a 25 mph zone, when he drove his 1997 Pontiac Grand Prix through a red light and slammed into the Moores' pickup truck.

A blood test showed that Cardenas Zavala's alcohol level was 0.13. The legal limit in North Carolina is 0.08.

Cardenas Zavala, then 20, was also charged with assault with a deadly weapon inflicting serious injury, driving while impaired, driving by a person less than 21 years old after consuming alcohol and failure to stop at a stop light.

It was the second time Cardenas Zavala had been charged with DWI in less than 14 months. In August 2005, he was charged with DWI in Catawba County, but the charges were dismissed when he pleaded guilty to a lesser charge. He served 30 days in jail and paid a fine.

Defense attorney Dan Fulkerson asked jurors to find Cardenas Zavala guilty of involuntary manslaughter, he said, because there was "no malice involved."


All content © THE CHARLOTTE OBSERVER and may not be republished without permission.

10/18/07

Authorities on lookout for burqa-wearing bank robber

Thursday, Oct. 18, 2007

By Marcie Young
Charlotte Observer Staff Writer

Authorities in Alexander County Wednesday were looking for a robber who wore a burqa during a hold-up at a Hiddenite bank.

Shortly before 3:45 p.m. Tuesday, a robber dressed in black pants, a long-sleeve, black shirt and burgundy burqa -- a waist-length wrap covering the body, head, nose and mouth -- walked into the Peoples Bank on N.C. 90 in Hiddenite, authorities said.

The robber pointed a handgun at a teller, said Chief Deputy Chris Bowman of the Sheriff's Office, and demanded bank employees put cash into a black plastic bag.

The robber left the bank and a burgundy sport utility vehicle or similar type of truck was waiting, Bowman said. The vehicle had a white license plate with black letters.

Anyone with information is asked to call the Alexander County Sheriff's Office at 828-632-4658.

All content © THE CHARLOTTE OBSERVER and may not be republished without permission.

10/16/07

Trial in fatal DWI case begins

Tuesday, Oct. 16, 2007

By Marcie Young
Charlotte Observer Staff Writer

Jurors heard opening statements and witness testimony Tuesday in the trial of a Catawba County man charged with murder and drunken driving charges after a fatal car wreck last year.

The trial against 21-year-old Enrique Cardenas Zavala started Monday in Catawba County Superior Court with opening statements and testimony by responding officers, said Capt. Clyde Deal of the Hickory Police Department.

Cardenas Zavala is charged in the Sept. 29, 2006 accident in downtown Hickory that killed 55-year-old Rena Moore and critically injured her husband, 58-year-old Jerry Moore.

Cardenas Zavala was indicted on several charges, including felony murder, felony assault with a deadly weapon inflicting serious injury, driving while impaired, driving by a person less than 21 years old after consuming alcohol and failure to stop at a stoplight.


All content © THE CHARLOTTE OBSERVER and may not be republished without permission.

Anderson's friends offer reward for information about her killing

Tuesday, Oct. 16, 2007

By Marcie Young
Charlotte Observer Staff Writer

Friends of Emily Anderson, a Caldwell County woman found shot to death in January 2006, are offering a $3,500 reward for information that leads to a conviction in her killing.

A Web site was created in September to solicit more information about her death Friends increased the reward by $1,000 last week.

Anderson's best friend, Patricia Thorpe of New Jersey, has said people wanting to make donations to the reward fund can contribute through the Web site at www.emilygriffittanderson.com or by visiting any Wachovia branch.

Emily Anderson was last seen alive Dec. 29, 2005. Ten days later, her Chevrolet Silverado pickup truck was found in an S.C. restaurant parking lot, about 100 miles from Caldwell County. She had been shot twice, and her body had been crammed into the truck bed's large tool box.

Her husband, Jerry Anderson, was charged with first-degree murder, but a judge declared a mistrial in July after a Gaston County jury could not reach a unanimous verdict.

Anyone with information about Emily Anderson's death is asked to call the Caldwell County Sheriff's Office at 828-758-2324.

All content © THE CHARLOTTE OBSERVER and may not be republished without permission.

10/15/07

Death of man Tasered probed

SBI investigating case in which man hit head after police shocked him

Tuesday, Oct. 16, 2007

By Marcie Young
Charlotte Observer Staff Writer

The State Bureau of Investigation is looking into the death of a Morganton man who died Sunday morning after two police officers shocked him with Tasers.

Donald Clarke Grant, 54, fell and hit his head Saturday night after two officers from the Morganton Public Safety Department tried subduing him with Taser shocks, said Chief Mark Tolbert.

He was first taken to Grace Hospital and, about 10:40 p.m., was taken to Mission Memorial Hospital in Asheville, Tolbert said. Clark died in Asheville about 9:45 a.m. Sunday.

Grant, authorities said, had been pounding on a neighbor's door about 8:15 p.m. Saturday and had made several threats toward other neighbors.

When officers arrived at the Morganton neighborhood, near Logan and South Matthews streets, they asked Clark to return to his home, but he refused, Tolbert said.

Clark charged at the officers several times, Tolbert said, but would back away before reaching them. The officers told Clark they were going to arrest him for communicating threats and resisting and delaying officers, Tolbert said, but Clark would not listen to the officers' instructions.

"They tried to get him to go into the house, so they could leave," Tolbert said, "but he continued to charge and retreat."

Clark did not threaten police with a weapon, Tolbert said.

When Clark charged at the officers again, Tolbert said, two of the four police officers shocked him with their Tasers. The force of the shock caused Clark to fall and hit his head, Tolbert said.

The four officers involved, including the two who shocked Clark, have been put on administrative leave with pay until the SBI has finished its review of the incident, Tolbert said.

Tolbert would not name the officers involved.

The SBI's report will be turned over to the district attorney's office for review.


All content © THE CHARLOTTE OBSERVER and may not be republished without permission.

10/13/07

Leg custody battle to hit reality TV

Pair go to Chicago to film episode of reality court program

Saturday, Oct. 13, 2007

By Marcie Young
Charlotte Observer Staff Writer

It was probably inevitable -- the custody battle over an amputated legis headed to reality TV.

Shannon Whisnant and John Wood were in Chicago on Friday, filming an episode for "Judge Mathis" -- a reality court program where cases are decided by a television judge, Greg Mathis.

This week, the show featured the legal battles of former best friends ripped apart by drugs and two other women in a bitter love triangle.

Producers at "Judge Mathis" confirmed that Whisnant and Wood were inChicago on Friday filming the episode, scheduled to air Nov. 1 onWYMT-TV (channel 55).

Whisnant found Wood's amputated leg -- the foot, five toes, ankle and most of the calf -- in a barbecue smoker he bought earlier this month at a Maiden auction, and the men have spent the last two weeks vyingfor ownership of the appendage.

Wood's leg was amputated after a plane crash three years ago. He had been keeping it at a Maiden storage unit with his other belongings, but after he failed to pay $550 in rental fees, the owner of the facility auctioned off his belongings.

Though Whisnant has said he was initially sickened by the leg, which he handed over to law enforcement because he "thought it might have been part of a missing person or someone's ex-wife," he started seeing things differently when newspapers and television networks from around the world started running the story.

He began charging a few bucks for people who wanted to see the smoker and was hoping to get the leg back and charge admission fees -- $10 for adults, $5 for seniors, $3 for kids and nothing for amputees -- to see it.

Whisnant wouldn't say how the case was settled but said he was "having a hell of a time in Chicago" and was looking forward to having a few cocktails at a fancy nightclub after leaving the television studio.

Wood could not be reached by phone Friday, and his brother-in-law, Tom Lytle, said that Wood no longer has a number where he can be reached. During an interview with the Observer last week, Wood said he didn't want Whisnant to "profit off finding my leg."

But even without the world knowing how Mathis ruled in court, Whisnant said he has plans to make some cash off his discovery.

When his Web site is ready, he said, he'll be selling black T-shirts with a picture of his face flanked by a leg on either side and the words, "I am friends with the foot man."

"They'll be $15.95 plus shipping," he said. "(But) they're beautiful shirts, they really are."


All content © THE CHARLOTTE OBSERVER and may not be republished without permission.

Routine recount for ballots cast in early voting in Morganton

Saturday, oct. 13, 2007

By Marcie Young
Charlotte Observer Staff Writer

The Morganton Board of Elections held a routine recount Friday of the ballots cast during the early voting period before Morganton's city elections, which were held Tuesday.

The recount, required by the state Board of Elections, was held to guarantee the hand count of votes matches the machine count. It has been part of every primary and general election since the beginning of 2006, said Don Wright, general counsel for the state board.

"This is routine," Wright said Friday. "No one has protested the results of the election, and there is nothing that indicates that (any one candidate) didn't get a fair shake."

The state board orders such site checks after all elections and notifies local boards which votes - including which race and whether the board needs to recount ballots cast early or votes cast on Election Day - should be audited, Wright said.

Morganton, the only N.C. municipality that holds its own elections, was told Wednesday morning that the votes cast for mayor in early, or one-stop, voting would be recounted, Wright said.

All content © THE CHARLOTTE OBSERVER and may not be republished without permission.

10/12/07

Fines will double for violators of city's water restrictions

Friday, Oct. 12, 2007

By Marcie Young
Charlotte Observer Staff Writer

Morganton officials Thursday increased the penalties for violating the city's water restrictions, city officials said.

Morganton implemented stringent water restrictions earlier this month, including bans on lawn watering, residential car washing and running ornamental fountains. On Thursday, officials said fines will double for violations.

The city decided to increase the fines to prepare for what officials predict will be an equally dry winter, City Manager Sally Sandy said in the release.

"We must make every effort to conserve our water until we receive enough rain to replenish our lakes and rivers," she said.

First-time violators will be fined $100, followed by $200 for a second violation and $400 for a third offense.

All content © THE CHARLOTTE OBSERVER and may not be republished without permission.

Patient's death will not result in criminal action

Staffer sat on man's torsi; incident helped lead to funding cuts

Friday, Oct. 12, 2007

By Marcie Young
Charlotte Observer Staff Writer

No criminal action will be taken in the February death of a Broughton Hospital patient who died of asphyxia after a staff member sat on his torso.

The death of 27-year-old Anthony Lowery, a patient at the mental health hospital in Morganton, was one of the incidents that led the federal government to stop Medicaid and Medicare payments in August.

On Monday, the district attorney's office that serves Burke, Caldwell and Catawba counties said in a letter to the State Bureau of Investigation that it will not charge the staff member who restrained Lowery in the death.

According to the letter, witnesses told SBI investigators that Lowery tried biting the staff member during the altercation.

"The evidence that Mr. Lowery was violent and that physical restraint was justified is uncontradicted," Chief Assistant District Attorney Eric Bellas wrote in the letter.

One witness said she saw a staff member put his hands around Lowery's neck, but several others said they did not see anyone's hands around his neck, according to the letter.

Lowery's death prompted the federal government to look at the hospital. While officials were finishing their investigation, another patient was injured on Aug. 19.

The state is working to improve supervision, communication and training at Broughton to prevent the kinds of problems that led to the funding cuts.

All content © THE CHARLOTTE OBSERVER and may not be republished without permission.

10/10/07

Man dies in fiery motorcycle wreck

Wednesday, Oct. 10, 2007

By Marcie Young
Charlotte Observer Staff Writer

A Lincolnton man died Tuesday afternoon after he lost control of his motorcycle, hit a ditch and crashed into several fence posts in Catawba County, authorities said.

William Elijah White, 23, was riding a Suzuki sports bike south on Lowrance Road near Toy Campbell Street in southeast Catawba County shortly after 12:30 p.m. when he lost control of the motorcycle, said Trooper C.M. Trouille of the state Highway Patrol.

No other vehicles or people were involved in the crash, he said.

Family told authorities that White has been at lunch with his father and brothers and was returning to the job site where they were all working, Trouille said.

Witnesses told Trouille that the driver lost control of the motorcycle after riding on the back wheel, he said. When the bike's front wheel hit the road, witnesses told authorities, the bike crossed the center line and hit a ditch.

The bike hit several fence posts, which flung White off the motorcycle, and caught fire, Trouille said.

White was flown to Carolina Medical Center and died shortly after 4 p.m.

All content © THE CHARLOTTE OBSERVER and may not be republished without permission.

DA to decide on charges in shooting

Wednesday, Oct. 10, 2007

By Marcie Young
Charlotte Observer Staff Writer

The district attorney's office will decide whether a Conover man will face charges in the Saturday shooting death of an acquaintance, authorities said Wednesday.

Raymond Lee Weathers, 36, of Newton was shot and killed Saturday afternoon during an altercation with John Kenneth Hedrick, 73, said Maj. Coy Reid of the Catawba County Sheriff's Office.

Weathers had been shot at least three times -- in the neck and shoulder -- with a revolver, and Hedrick had "visible injuries" to his upper body and head when the men were found in the yard of a Newton home, said Capt. Roy Brown of the Sheriff's Office.

The Sheriff's Office investigation has been turned over to the district attorney's office, which will determine the charges, Reid said.


All content © THE CHARLOTTE OBSERVER and may not be republished without permission.

Hickory skeleton likely a murder victim

Wednesday, Oct. 10, 2007

By Marcie Young Charlotte Observer
Staff Writer

Police think the skeleton found nearly three months ago behind a Hickory shopping center may be the victim of a murder, authorities said.

Lt. Thurman Whisnant of the Hickory Police Department said Wednesday that authorities are waiting on the final autopsy report and want to make sure the have correctly identified the skeleton before they confirm the death as a murder.

In July, construction crews were surveying land behind the Lowe's and Wal-Mart stores along U.S. 70 when one worker noticed a partially buried skeleton beneath the leaves and dirt.

Police did not want to discuss the details of their investigation before it was complete.


All content © THE CHARLOTTE OBSERVER and may not be republished without permission.

Mayor wins rough race for 10th term

Official says he's still angry over tone of rival's campaign

Wednesday, Oct. 10, 2007

By Marcie Young
Charlotte Observer Staff Writer

MORGANTON --Mel Cohen easily won his 10th term as Morganton mayor Tuesday, beating former community college president Jim Richardson in a contentious and sometimes nasty race.
Cohen won with 59 percent of the vote, compared with Richardson's 41 percent, according to unofficial returns.

While Cohen said he was pleased with the victory, the divisive campaign left him "angry," he said.

"I knew when I entered this race, it would be dirty," he said. "He managed to accuse me of adultery and stealing. ... I wouldn't have been surprised if he had accused me of kidnapping the Lindbergh baby."

Richardson did not attend his campaign party, and supporters said he was at home with a fever. Messages left on his cell and home phones were not returned.

His supporters said they were disappointed in the election results, but that they hoped interest in the race would increase involvement in city politics. "We've lost the battle but we won the war to get people to come out and be involved in government," said Gresham Orrison, one of the supporters at the party.

Though both candidates said they didn't want the race to get dirty, it was heated from the beginning. Supporters on both sides said they heard allegations of unethical behavior and campaign techniques by the candidates.

Publicly, Richardson, who led Western Piedmont Community College for 25 years, questioned Cohen's involvement in keeping and maintaining the Historic Morganton Festival's financial records.

Cohen, who is president of the festival board, and members of the board responded angrily, saying the finances were handled appropriately and that Richardson was making unfounded implications.

Morganton residents turned out in big numbers this year, with more than 3,500 people casting votes, nearly doubling the number from the last city election, in 2003.


All content © THE CHARLOTTE OBSERVER and may not be republished without permission.

Incumbent, newcomer take open seats

Hot election issues involved jobs, economy

Wednesday, Oct. 10, 2007

By Marcie Young
Charlotte Observer Staff Writer

MORGANTON -- Voters in Morganton's municipal elections ousted one City Council member Tuesday but kept another veteran in office.

Challenger Forrest Fleming, a retired corrections officer, and incumbent Larry Whisnant won four-year terms on the council.

Fleming beat 20-year City Council incumbent and retired warehouse manager Carl Evans Sr. for the open seat in District 2.

Fleming won with 53 percent of the votes compared to Evans' 47 percent, according to unofficial returns.

In District 1, Whisnant, a 12-year incumbent, defeated challenger Rob Gage. Whisnant won with 52 percent to Gage's 48 percent.

While the candidates focused on several issues during the race -- the location of a new Wal-Mart Supercenter, the environment, development downtown and the city-owned cable and electric systems -- the hottest topic revolved around jobs and creating a robust economy.

Whisnant, who served on the council for 12 years, and Evans, who was elected in 1986, argued that their years of experience and knowledge of current projects made them the best candidates.

But Gage, a graduate of Harvard University and UNC School of Law, and Fleming, who attended Western Carolina University and Livingstone College, advocated bringing a fresh perspective to city politics.

All content © THE CHARLOTTE OBSERVER and may not be republished without permission.

10/7/07

Farmers have an ally in hunt for hay

Local woman finds supplier, arranges for bales to be trucked in

Sunday, Oct. 7, 2007

By Marcie Young
Charlotte Observer Staff Writer

LENOIR --The summer's extreme drought and heat baked the land and stifled crops of hay at A.J. Craig's Caldwell County farm, and until last week, he wasn't sure how he was going to feed his 24 cows.

Then he met Linda Haas, who made a few calls and arranged for 637 bales of hay to be delivered Wednesday at the Caldwell County fairgrounds. Haas, a metal inspector for a Lenoir tool and gauge company, had grown up on a Valmead farm and remembered watching her father worry about feeding his animals during bitter winters and dry summers.

Haas hasn't farmed in years and doesn't own horses or cattle. "I just wanted to help people," she said, "because I know what it's like to hunt for hay."

Prices for hay brought into the county have, in some cases, skyrocketed. Several of the farmers collecting the hay said it normally cost $2 a bale but had heard it was selling for as high as $11 a bale.

Haas said she knew that was too expensive for most people trying to raise cows and horses.
So, about three weeks ago, she started to think about what she could do to get some hay to Caldwell County.

She had heard that the some of the northeastern states had good crops of the grass and started calling farmers in Pennsylvania, eventually finding one who told her he had plenty to spare and would sell it to her for $3 a bale.

Then, Haas and her husband, Jim, talked with a nephew who had a contact at Caldwell Freight Lines and arranged for a truck driver to deliver the load for $1.47 a bale.

Haas said she wouldn't take a commission or charge any fees for brokering the hay delivery, and even refunded the farmers 24 cents per bale when she realized the trucking fee was less than she expected.

Haas went to a Cattlemen Association meeting a couple of weeks ago, and within a few days had taken orders from four Caldwell County families requesting more than 600 bales.

The hay was delivered Wednesday near the Caldwell County fairgrounds, and for the first time, Haas met the people -- from cattle farmers to Paso Fino horse breeders -- she was helping.

Craig, 80, and his family, who run two cattle farms in the Granite Falls area, ordered 300 bales of hay and said they don't know how their cows would have survived if Haas hadn't intervened.
"Everybody is just looking for hay," Craig said. "She's a godsend."

Haas, for her part, said she'll keep trying to get hay to Caldwell County farmers as long as they need it.

"We'll keep on truckin'," she said.

Where to Find Hay
Farmers selling or looking to buy hay or find transportation services can get more information through the N.C. Department of Agriculture and Consumer Services' Hay Alert service. For more information, visit www.ncagr.com/HayAlert or call 866-506-6222 weekdays from 8 a.m. to 8 p.m.

All content © THE CHARLOTTE OBSERVER and may not be republished without permission.

10/5/07

Newton's longtime police chief will retire in December

Friday, Oct. 5, 2007

By Marcie Young
Charlotte Observer Staff Writer


After 34 years in law enforcement, Newton police Chief David Dial is stepping down.


The city of Newton this week announced that Dial, who joined the department as a patrol officer in 1973, is retiring.


Dial, 59, was named chief nine years ago and said he's most looking forward to spending more time with his three granddaughters and one grandson. His last day is Dec. 21.


City Manager Todd Clark will start looking for a new chief in the coming weeks, Dial said.

All content © THE CHARLOTTE OBSERVER and may not be republished without permission.

1 injured, 2 sought after shooting at apartment complex

Friday, Oct. 5, 2007

By Marcie Young
Charlotte Observer Staff Writer

Several shots were fired at a Hickory apartment complex Thursday night, injuring one man, police said.

One bullet hit a man in the right leg, just below the calf, said Sgt. Mike Beam of the Hickory Police Department. The injuries were not life-threatening.Beam would not disclose the name of the victim, who was taken to Catawba Valley Medical Center.

Police believe the victim and two other men had gotten in an argument earlier Thursday at the Terrance Hills apartments on Second Street Place and 11th Avenue S.W. Beam said witnesses told police that two or more shots were fired by a man standing near a white car.

Police on Thursday night were looking for two males, one with dreadlocks, and the white car, Beam said.

Anyone with information should call 828-324-2060.

All content © THE CHARLOTTE OBSERVER and may not be republished without permission.

$10,000 offered for information in slaying of pit bull breeder

Friday, Oct. 5, 2007

By Marcie Young
Charlotte Observer Staff Writer

Authorities are offering a $10,000 award for information that leads to the conviction of anyone involved in the April death of a Catawba County pit bull breeder.Roy Thomas Melton, a 38-year-old breeder, was found dead on April 16.

He had been shot to death at his home on South Beulah Road and was found by a friend, the Catawba County Sheriff's office said. When authorities arrived at the trailer, they found 30 pit bulls, which were later euthanized.

Investigators found paperwork in Melton's home that mentioned several names that are also listed in the dog-fighting indictment against Atlanta Falcons quarterback Michael Vick, Capt. Roy Brown said last month.

Anyone with information is asked to call 828-464-5241.


All content © THE CHARLOTTE OBSERVER and may not be republished without permission.

10/4/07

Morganton's mayoral race pits 2 strong foes

Cohen, Richardson formidable

Thursday, Oct. 4, 2007

By Marcie Young
Charlotte Observer Staff Writer

It's been a battle.

Morganton mayoral candidates Mel Cohen and Jim Richardson have argued about the city-owned cable system, the location of a new Wal-Mart Supercenter and the length of time a mayor should serve.

They've disagreed about the importance of revitalizing downtown, how new industry should be solicited and the city's involvement the Historic Morganton Festival.

But some Morganton residents say they can handle the tension, especially if it means they have a choice between two formidable candidates in Tuesday's election.

"The competition is great," said 35-year-old Donna Lindecamp, a foreign language teacher at Walter Johnson Middle School. "If there isn't competition, where is the motivation?"

The issues are clearly important to the city's vitality, Lindecamp said, but the candidates' abilities to clearly communicate why they are running is equally important in a mayoral race.

"The biggest issue is that Mel Cohen has a little competition, well, a lot of competition," she said. "Both have an easy platform to read, and that's important. It's helpful for voters to see something that is straightforward."

Cohen, who has been mayor since 1985, has won past elections with crushing margins over his opponents or has been unopposed.

In the last election, Cohen secured his ninth term by defeating challenger Tom McCurry, 920 to 263. In 1999, when he faced what many considered a formidable opponent -- Burke County attorney Dan Kuehnert -- Cohen won with 72 percent of the vote.

Since the beginning, Richardson, who led Western Piedmont Community College as president for 25 years, has made one thing clear -- he thinks it is time for a change in city leadership.

"Someone should not make a career of being mayor," he said. "Twenty-two years is too long for any politician."

Cohen, meanwhile, says that his more than two decades in City Hall could only be considered an asset to the community where he was born and has lived nearly all his life.

"It's a simple platform," Cohen said. "I love Morganton, and I want to make it a better place to work and play and live."

Change, Cohen said, should only happen when leadership has became stagnant and the community is no longer benefiting from fresh ideas and the experience of those in City Hall.

"I have never stopped and rested on my laurels," Cohen said.

Emphasis on Morganton's city center -- an 8-by-10-block downtown grid of leafy trees, stores and offices -- has generated more controversy than other issues.

During his nine-term career as mayor, Cohen said, he has been working to create a vital city center by recruiting downtown business and establishing an appealing lifestyle for residents through recreation and activities.

"Downtown is the front porch of our community," Cohen said, "but we have never concentrated on just downtown. If your downtown is not bright and beautiful and clean, your community is not looking out for its future."

But Richardson and his supporters say that Cohen thinks more about bolstering downtown through concerts and festivals than recruiting new industry to other areas of the city.

"We've got all these people without jobs, but we're still talking about downtown," Richardson said. "That bothers me."

Gary Carswell, a Burke County native, has been following the race closely and said that he's impressed by Richardson's ideas. Carswell, 62, lives just outside the city limits and won't be able to vote but said the issues don't effect just Morganton residents.

"It looks like a sleepy, little tourist town," he said, "and that's not the kind of place where people want to bring big business."

Carswell and his wife, Cynthia, said they worried that their adult children will leave the area in search for better jobs. Richardson's focus on more jobs, they said, is a strong approach.

But Bill Allman, a 74-year-old Morganton native, said Cohen's attention is in the right place and the emphasis on downtown has encouraged businesses to look at moving to the city.

The greenway, sports complex, downtown businesses and festivals, Allman said, help bolster the entire community, not just the few blocks that stem out from the Old Burke County Courthouse.

"(It's) all part of the vision plan for the area," he said. "(Cohen) loves this town so much. ... No one could do what he has done for the town."

Cam McNeely, who has lived in Morganton 15 years, owns a temporary physician staffing business downtown and said that most residents are thinking about jobs and new industry.

He's happy, he said, to see that Cohen and Richardson both have a strong vision for the city.

"We're in a good situation and have two good candidates," he said. "But the town is in a tough spot because of industry leaving, and it's going to take more than one man to fix that."

All content © THE CHARLOTTE OBSERVER and may not be republished without permission.

City council candidates agree: jobs are a priority

Thursday, Oct. 4, 2007

By Marcie Young
Charlotte Observer Staff Writer

The candidates vying for two seats on the Morganton City Council agree on one thing - the community needs more high-paying jobs and a stable industry.

On Tuesday, Morganton voters will decide which of the two incumbents and two challengers they think best understands the needs of the city and how to stimulate current industry and attract more jobs.

Attorney Rob Gage is challenging 12-year incumbent and former police Officer Larry Whisnant for the District 1 seat. Carl Evans Sr., a retired warehouse manager and 20-year City Council incumbent, is facing challenger Forrest Fleming, a retired corrections officer, for the open seat in District 2.

Gage, who attended Harvard University and the UNC School of Law, and Fleming, a graduate of Western Carolina University and Livingstone College, have advocated the need to bring to a fresh perspective to the council.

"If you've been in office for 20 years you'll be saying, `Well, it's worked this way so far. Let's keep it as it is,' " Gage said. "If we are complacent and say `It's good now,' then we are missing out on the opportunity for improvement."

But Evans, who was first elected to the council in 1986, and Whisnant, who worked at the Morganton Department of Public Safety for 30 years, say their collective 32 years' experience on the City Council and knowledge of current projects make them the best candidates.
Their long tenures, they agreed, should never be considered a hindrance.

"We don't need change now," Whisnant said. "This city is making progress. You just don't change for the sake of changing."

Other issues the candidates have focused on during the race include the location of a new Wal-Mart Supercenter, the environment, self-imposed term limits, development downtown and the city-owned cable and electric systems.

But the hottest topic, as the city watches the continued exodus of furniture factories, revolves around creating a more robust economy.

Fleming
"We need to see new industry brought into Morganton," Fleming said. "All of our textile and furniture industry is literally gone, and employment is a critical issue."

Fleming, a retired Army National Guard command sergeant major and programs director at Foothills Correctional Institute, said he'd like to see the City Council find new ways to recruit kind of industry and offer incentives, including tax breaks and offering new businesses help finding property.

"We have fewer jobs now than we had 10 years ago," he said. "We need to stop focusing furniture and look toward high-tech industries, like computers."

Evans

Evans, who worked at Morganton Hardware for 44 years, has served on the City Council for two decades and said he wants to help bring more jobs into the city before he steps down.

He wants to offer incentives, including tax cuts and breaks on electric bills, he said, but hopes that businesses looking at Morganton also consider the lifestyle the city offers.

"The people around here are nice and friendly," he said. "(We have) the best recreation in the state, and people want to know what it is like to come in and live here."

Gage
Gage, who left the city government to raise his children after serving two council terms that ended in 1991, said the city needs to start thinking about industry in a way that complements the environment and the natural beauty surrounding the city.

"Presenting a beautiful downtown to potential investors and residents is crucial, but that doesn't mean that all industry needs to be downtown," he said. "The quality of life we offer businesses and their employees is our edge. That's how we're going to win this economic development game."

Gage worked on bringing the Catawba River Greenway to Morganton when he was on the council before, he said. Not only did it help preserve the city's green areas, he said, offering environmentally friendly recreation is what people look at when they are thinking of moving.

"Keeping our city and the surrounding countryside clean and green is important because that's what people want," Gage said. "They come to Morganton to be doctors or health care workers or to run factories, and they make those decisions based on what the city looks like."

Whisnant
Whisnant said the current City Council is working on several projects that could eventually bring hundreds of jobs.

"I hear lots of folks say, `Why don't you bring some industry in?' " he said. "But you just can't pick up the phone and bring in businesses. It just doesn't work that way."

Whisnant, who is on the board of directors for the Foothills Regional Airport Authority, said the council recently recruited an aeronautical engineering company. If government and private contractors follow, he said, Morganton could end up seeing 300 or 400 new jobs.

Whisnant said he would also like the city to consider pairing with the state to build a prison in Morganton.

"Jobs with the (Department of Corrections) are inflation-proof," he said, "and they offer good pay with benefits."

Where to Vote
Early voting is under way in Morganton and ends Friday. Residents can vote at City Hall between 9 a.m. and 5 p.m., today and Friday. The city will hold its general election Oct. 9 at the Collett Street Recreation Center. Polls will be open from 6:30 a.m. to 7:30 p.m. For more information, call City Hall at 828-437-8863.

All content © THE CHARLOTTE OBSERVER and may not be republished without permission.

10/3/07

War of words continues over amputated leg

Each man says leg belongs to him

Wednesday, Oct. 3, 2007

By Marcie Young
Charlotte Observer Staff Writer

MAIDEN -- Shannon Whisnant sees movie deals, book contracts, a museum and just plain ol' bragging rights.

That is, if he can convince John Wood to share his leg.

It's been more than a week since Whisnant bought a barbecue smoker at a Maiden storage facility auction and opened it to find Wood's leg -- the foot, ankle and most of the calf -- wrapped in screen wire, setting off a flurry of media attention that has circled the globe.

Now, each man is saying the leg belongs to him.

Whisnant said he has the receipt -- stored in a fire-proof safe -- showing he bought the smoker and its contents. "I told him I'd share custody of it," Whisnant said. "Kind of like young `uns."

Wood was born with the leg, but it was amputated after a plane crash that killed his father and injured two other family members three years ago. "I want to be cremated as a whole man," he said. "It's nothing macabre."

It's been a rocky road since the men first starting talking about ownership of the leg last week, and their first in-person meeting Wednesday didn't do much to smooth it out.

The two seemed to have conflicting ideas and opinions about the leg and never agreed on how to proceed.

Whisnant said he assumed the leg was being stored at a Maiden funeral home, where police left it for Wood because it was not evidence in a crime.

Wood, meanwhile, talked only cryptically about its location. "There are a lot of uncertainties in my life right now," he said when asked directly if he knew where his leg was being kept.

But Wood's sister, Marion Wood-Lytle, said by phone that her brother picked up the appendage from her home shortly before meeting with Whisnant Wednesday.

"I don't know why he's being so secretive about it," she said. "I said, `John, just take it and go.'"

Later, Wood confirmed for the Observer that the leg "was in his control" but would not say whether he was planning to take it with him.

Whisnant has hinted that he would file several lawuits if the leg isn't returned to him.

The men did not reach any agreement before Wood headed back to his home in Greenville, S.C.

"I'm willing to share my story," Wood said, "but I won't let him profit off finding my leg."

But Whisnant said that in their telephone conversations, Wood has been open to sharing the appendage. Whisnant hopes the publicity will turn into more than a few bucks, he said, and wants talk with television and movie executives and maybe set up some sort of viewing room.

If he is able to convince Wood to share custody of the leg, Whisnant said, he would charge a viewing fee of a $10 for adults, $5 for seniors, $3 for kids and nothing for amputees.

"It'd be a great for tourism," he said. "Maiden could use some fresh money. We've got nothin' but old money around here, and we could use a little extra cash flow."

But Maiden Mayor Bob Smyre said he isn't so sure the legend of the leg-found-in-a-smoker is a lasting one.

"He couldn't pay me a dollar to go see that leg," Smyre said. "Is it going to turn into an international tourist attraction? I don't think so."


All content © THE CHARLOTTE OBSERVER and may not be republished without permission.

10/2/07

Taylorsville man is charged with sexually abusing child

Tuesday, Oct. 2, 2007

By Marcie Young
Charlotte Observer Staff Writer

TAYLORSVILLE
A Taylorsville man was being held on a $500,000 bond Tuesday after being charged with sexually abusing a child, authorities said.

Jason Scott Barlowe, 28, was charged Friday with four counts of first-degree statutory rape of a child, four counts of first-degree statutory sex offense of a child and four counts of indecent liberties with a child.

Barlowe made his first court appearance Monday and was being held at the Alexander County jail Tuesday on the secured bond.

All content © THE CHARLOTTE OBSERVER and may not be republished without permission.

10/1/07

Custody battle over leg postponed

Monday, Oct. 1, 2007

By Marcie Young
Charlotte Observer Staff Writer

A custody battle over a South Carolina man’s amputated leg was postponed Monday while the man tried to find a ride to Maiden, where the limb is being stored.

John Wood and Shannon Whisnant are trying to come to an agreement about the leg, which Whisnant found last week in a used barbecue smoker he bought at an auction in Maiden.

Wood stored his leg, which doctors cut off after a plane crash three years ago, in a smoker he kept at a Maiden storage facility. But when he fell behind in payments, the facility owner auctioned off the smoker.

Whisnant bought it last week. When he looked inside, he found the leg – a foot, ankle and most of the calf – wrapped in a wire screen.

Now, each man claims the leg belongs to him. Whisnant said he has a receipt showing he bought the smoker and its contents. Wood was born with the leg, but it was amputated after a plane crash three years ago.

"I told him I’d share custody of it," Whisnant said. "Kind of like young ‘uns."

They had planned to met Monday to talk about ownership, but Wood was not able to find a ride from Greenville, S.C., to Maiden, Whisnant said. He said they are planning to meet later this week.

Whisnant said he would take legal action if the leg is not returned to him by next week.

"Everybody know it’s mine, period," Whisnant said. "And if anyone tries to take it, I want everything they got."

Police gave the leg to a Maiden funeral home to store until Wood could pick it up.


All content © THE CHARLOTTE OBSERVER and may not be republished without permission.

Amputee's leg sets offownership dispute

S.C. amputee: Profiting off limb 'despicable'

Monday, Oct. 1, 2007

By Cleve R. Wootson Jr.
Charlotte Observer Staff Writer

Shannon Whisnant spent the weekend trying to get custody of John Wood's severed leg.

Whisnant found the leg in a used barbecue smoker he bought last Tuesday, and gave it to the Maiden police. Ever since the police said the leg wasn't evidence of a crime, he's been trying to get it back.

Today, Whisnant hopes to make his case in person.

Wood, who lost the leg in an airplane crash three years ago and ultimately stored it in a barbecue smoker, said he plans to travel from Greenville, S.C., today to pick up the leg, stored at a Maiden funeral home.

Wood said they can meet, but he's not interested in using the leg to make money.

"I just think it's despicable," he said. "I don't mind having the 15 minutes of fame, but I'm not looking to really profit off this thing."

The story of Wood's leg goes back to 2004 when it was shattered in a plane crash that killed his father and injured two other family members. Doctors tried to save the leg but had to amputate it. Wood told them that when he died, he wanted to be buried a whole man and asked if they could ship the leg to him.

They obliged. The leg -- foot, ankle and most of the calf -- spent time in Wood's freezer until his electricity was cut off. Wood then hung it on a fence post in his front yard to dry.

He was later evicted from his home and spent time living in his van. His mother said she'd pay to store his belongings for a couple of months, but after that, the $42 payments were his responsibility.

The leg, carefully wrapped in paper and stored inside the smoker, went into storage. But Wood wasn't making the payments, and last Tuesday the owner of the storage facility included the smoker in a sale of items from people who fell behind on their rent.

Whisnant bought the smoker, opened it and "thought it might have been part of a missing person or someone's ex-wife." He contacted police.

Whisnant feels he has a stake in the leg.

The leg has brought both men some fame. Both have done interviews. Wood said he became a celebrity at a charity golf tournament that benefited amputees. Whisnant put a sign on the empty smoker charging for a look: adults $3, children $1.

Whisnant figures there could be more opportunities if he had the leg in hand. He's Googled the phrase "man finds leg in smoker" and got close to 2 million hits.

He took his receipt from the sale of the smoker to the funeral home. The staff there wouldn't budge, but did give him Wood's cell phone number.

Wood said he was livid after talking to Whisnant.

"He's making a freak show out of it," Wood said. "He wants to go on `The Tonight Show' and he wants to sell it to the National Enquirer ... He wants to put money in his pocket with this thing."

After talking with a lawyer this weekend, Whisnant decided his best move was to convince Wood to share custody and profits.

"It's a strange incident and Halloween's just around the corner," Whisnant said. "The price will be going up if I get (a stake in) the leg."


All content © THE CHARLOTTE OBSERVER and may not be republished without permission.