NEWS OBSERVER TUESDAY, FEBRUARY 3, 1998 FROM PAGE ONE OBITUARIES 7B Garner board limits discussion After objections to some officials' gathering in an ice cream shop, the board rules out discussing certain zoning cases before public hearing. BY SABRINA JONES STAFF WRITER GARNER Following accusations that board 1 members have privately plotted votes, town aldermen on Monday night approved new ground rules for their behavior. The aldermen unanimously adopted guidelines restricting them from discussing conditional-use permits for new homes and businesses with anyone before a public hearing. The board revised the ground rules, originally adopted in 1995, at their annual planning retreat last weekend. A new guideline also says that none of the rules is intended to conflict with open-meetings laws.
The revisions follow an editorial in the Garner News last month that pointed out that Aldermen Gra Singleton, Tim Montgomery and Joe Sample shot down a Angus Barn a little bit char-broiled FROM STAFF REPORTS RALEIGH Employees spent Monday scrubbing the Angus Barn after a late-night fire, and the landmark restaurant on Glenwood Avenue opened for dinner promptly at 5 p.m. Dining room manager Kim Anne Russ said the damage was less than feared. Although the inside was mostly covered in soot, very little water damage was found. "We're getting all the dishes washed," Russ said. "We've wiped everything down.
Everything was smoky, but it's all shiny and bright now." According to reports, the fire was discovered shortly after 11 p.m. Sunday, when employees noticed smoke coming from the air vents in the main kitchen. Firefighters from three departments responded Raleigh, Durham Highway and Six Forks. It was initially feared that the restaurant was in for a repeat of a 1964 blaze, when it burned down. Employees were relieved that this night turned out differently.
"We're lucky," Russ said. No official cause was available Monday night, but employees suspected that electrical wiring between the first and second floor was the culprit. Many said Sunday night that they had smelled electrical wires burning when they evacuated the building. Beyond lingering soot, the only major reminder of the fire came from the reverse order in which the restaurant's dining rooms opened. On a normal night, the downstairs room opens one hour before the upstairs loft.
Monday, the loft opened first, because workers had not yet finished cleaning out the main kitchen that serves the downstairs room. Masked robbers hit businesses RALEIGH A pair of masked robbers struck 10 minutes apart Monday evening on Hillsborough Street, hitting a pair of stores. First, the men entered Sub Conscious, a sandwich shop at 3209 Hillsborough at 5:50 p.m. They stayed less than a minute, according to a surveillance video, but in that time they cleaned out the cash register. One man held a gun on the clerk and two customers while the other rifled through the drawer.
Ten minutes later, the men entered the Westover Citgo at 5300 Hillsborough St. Again, one held customers and employees at bay while the other took the money, police Detective R.W. Dunn said. The gunman was described as a black man, 19 to 21 years of age, 6 feet tall, weighing 125 to 135 pounds. In addition to a black nylon stocking mask, he was wearing jeans, a baseball cap with a light-colored insignia, and goggles with the right lens broken out.
The other robber was described as a white man, 25 to 30 years of age, with dirty-blond shoulderlength hair, wearing a nylon stocking over his face, baggy blue jeans, and a dark shirt and a dark baseball cap. DEATH NOTICES FURNIFOLD S. PATTERSON M.D. GREENSBORO Furnifold rezoning request for a subdivision in North Garner on Jan. 5 with no public discussion.
The editorial said the three, who have been spotted with Mayor Don Rohrbaugh at Goodberry's, an ice cream spot, must have worked out the decision in private. In an earlier interview, Alderman Ronnie Williams said he has noticed that the four have met away from Town Hall for more than a year. The three aldermen constitute a majority of the five-member board, and the state open-meetings law prohibits a majority of a public board from discussing official business without notifying the public. The law does not keep board members from calling one another to talk about town issues, Town Attorney Bill Anderson said at the retreat. "There is no basis for believing that is illegal," Anderson said last weekend.
"One member can call another to talk about town business." In other business, the board approved conditional-use permits for a new bank and pharmacy in town. VERDICT CONTINUED FROM PAGE 1B reported a 10-2 stalemate. Visiting Judge Steve Balog of Alamance County asked the jury to try again. Late Friday, the jurors asked for the weekend off. They came back Monday and returned the verdict for involuntary manslaughter in the afternoon.
Balog sentenced Hernandez to 31 to 38 months in prison. Afterward, Antony said that at first the jury did not even agree that Hernandez was involved in the accident. "There was serious disagreement about the strength of the state's case with respect to whether was in fact the driver of the vehicle," said Antony, a philosophy professor at the University of North Carolina at Chapel Hill. That was the cause of the 10-2 deadlock Friday, she said. "Once that was decided, then we discussed the appropriateness of the second-degree murder charge," she said.
For second-degree murder, a jury must find that a person behaved with malice, or, as the law says, with "a mind utterly without regard to human life and social AUtopsy CONTINUED FROM PAGE 1B Worse, the lawsuit said, McNair's body was left so disfigured by the autopsy that the coffin would have to be closed, thus violating McNair's final wish. The suit, which has dragged on nearly five years, was set to begin Monday, but jury selection was delayed until today after Duke's attorneys filed another motion to delay. At issue was whether Richards had to appear in court. The South Carolina funeral director is battling cancer and had not planned to attend the trial because of daily radiation treatments. Duke's attorneys argued that discrediting Richards in front of a jury is key to their defense.
"We have been accused of what amounts to criminal acts of butchering a body," lawyer Lewis Cheek said. "In fairness, ought to have an opportunity to face their accuser in a courtroom." Among other things, Cheek said that organs rarely are returned to bodies following autopsies and that skilled funeral directors work around the missing parts. Empty eye sockets, for example, are filled with cotton, and an empty body cavity can be rounded out with other "filler material." Similar techniques could have been used in McNair's case, he said, so the family could have had an open-casket funeral. Cheek did not dispute that the organs were removed. It was unclear late Monday Builder charged RALEIGH- A builder was arrested Monday on charges of forging a county survey map and a county official's signature.
Warrants show that Haywood Avery Hughes, 46, of 7408 Sandy Creek Drive in Raleigh was charged with forgery and obtaining property The permit will allow the construction of South Trust Bank at Garner Town Square shopping center. The red brick bank will be located between Schlotzsky's Deli and Applebee's restaurant and will have a drive-through automatic teller machine. The board also granted a permit to build CVS Pharmacy on Timber Drive. The board delayed a public hearing on a permit for the Highland Grove Apartments community on Creech Road until March 2. Board members also found out Monday that the town's senior citizens center is eligible to receive $6,756 from the General Assembly.
The state Division on Aging allocated the funds to all senior centers to support programs, general operations, construction, renovation or maintenance. The board unanimously agreed to provide a $750 local match to receive the funds. "We need to get the board's approval of the monies and the match as soon as possible," Town Manager Peter Bine said before the vote. Sabrina Jones can be reached at 829-4898 or duty and deliberately bent on mischief." Antony and other jurors said some panelists, whom they would not identify, refused to consider Hernandez' actions as malice, since his drunken-driving record indicated that he is an alcoholic and thus perhaps unable to form a malicious intent. The faction supporting the second-degree murder verdict decided that, rather than ending in deadlock, they would vote for the lesser felony of involuntary manslaughter.
Prosecutor Jeff Cruden, who handles the felony DWI cases in the District Attorney's Office, was frustrated by the verdict. "I've been trying these cases for five years, and this is the best case of vehicular homicide I've prosecuted," he said. Mona Rosenthal cried after the verdict, and when she came out of Cruden's office, half a dozen jurors hugged her and apologized. "No matter what the verdict, it won't bring back my father," she said. "Hernandez got away with murder, and so will others.
People need to realize that a car in the hands of someone under the influence is as deadly a weapon as a gun." Anne Saker can be reached at 829-8955 or whether Richards would appear in court, but Superior Court Judge Abe Jones said the case could move forward with or without him. Jones, who said he has cleared his schedule this week and next for the case, said lawyers could rely on two typewritten depositions that Richards has provided in the case. Last month, the case was delayed when a motion by Duke's attorneys to exhume McNair's body was granted. Several days later, however, they decided against unearthing McNair out of deference to her family. Family members think the exhumation would constitute desecration of McNair's body and hold the same opinion of the autopsy.
Five members of the McNair family are seeking a total of more than $100,000 in damages, saying the incident has caused "suffering, shock, humiliation, anguish and distress." Their plight has been extended, in part, because state attorneys twice asked unsuccessfully to get the case dismissed. The lawyers argued that the pathologist who ordered the autopsy was immune from prosecution because he was acting as a state medical examiner when he ordered it. Under North Carolina law, medical examiners can authorize autopsies of accident victims including those who die from medical procedures without the consent of those entitled to their remains. Jury selection in the case is expected to begin this afternoon and continue through Wednesday. Amanda Garrett can be reached at 956-2404 or with forging signature, by false pretenses.
Hughes, of Carolina Design Builders, was charged with forging a map recorded with the Wake County register of deeds and the signature of Planning Director George Chapman, according to warrants. Chapman said the map was found McLendel Simmons Patterson M.D., 84, of Friends Home West, Greensboro, died February 2, 1998. Dr. Patterson was born in New Bern in 1914, the son of the late Joseph F. Patterson, M.D.
and Isabelle Simmons Patterson and grandson of United States Senator F.M. Simmons. He was retired surgeon. Dr. Patterson or attended The New Bern High School and Woodberry Forest School in Virginia, graduating from the latter in 1931.
At both institutions he was an outstanding student and athlete, gaining his letters in basketball and baseball. At Woodberry Forest he was awarded the W.F. Service Memorial Medal for All Around Excellence. He attended the University of North Carolina at Chapel Hill, graduating in 1935. A fine student and campus leader, he became a member of Phi Beta Kappa, the Order of the Grail, the Order of Gimghoul, and the Order of the Golden Fleece.
He was a member of the Delta Kappa Epsilon Fraternity and served as its president. He was elected vice-president of the senior class. then attended the University of Pennsylvania, obtaining his Doctor of Medicine degree in 1939. While there he was a member of the Phi Chi Medical Fraternity. Two years were spent as an intern, followed by five years of surgical residency, at the Abington Memorial Hospital, Abington, Pennsylvania where he was a member of the Pfeiffer Surgical Clinic.
From 1946-1952 he practiced surgery Laurinburg, N.C. and from 1952-68 in New Bern. He was Chief of Surgery and Chief of Staff at the Scotland County Memorial Hospital in Laurinburg and Craven County Hospital in New Bern. In New Bern he was President of the Craven County Medical Society, President of the New Bern Golf and Country Club, Chairman of the Morehead Scholarship Committee and the District Committee. Dr.
Patterson left New Bern in 1968 to join the North Carolina Regional Medical Program, serving as Director of the Cancer Division until 1970 and as Executive Director of the Program from 1970-74. During this time he directed the Cancer Control Program at the Duke University School of Medicine and coordinated the Breast Cancer Demonstration Project there. He held appointments as Assistant Professor of Surgery and Clinical Associate Professor in the Department of Community and Family Medicine. In 1975 he joined the East Carolina School of Medicine as Associate Dean and Professor of Surgery, directing the Continuing Medical Education Program. During this time he was the Executive Director of the Eastern Area Health Education Program (AHEC).
He retired in 1982 as Emeritus Professor of Surgery at the East Carolina Medical School, the first Emeritus Professor of Surgery appointed by the school. While at ECU he founded and directed the Post Graduate Minifellowship Program. Among the many honors achieved during his professional career, Dr. Patterson was a Diplomate of the American Board of Surgery, Surgeon for the Atlantic Seaboard Railroad, Fellow of the American College of Surgeons, and a member of the Founders' Group and President, North Carolina Chapter of the American College of Surgeons. He was a founder and President of the North Carolina Surgical Association, later authoring its history, a member of the Southern Surgical Association, the Southeastern Surgical Society, the American Medical Association and the North Carolina Medical Society.
In 1963 he served as Vice President of the University of North Carolina Alumni Association. From 1967-73 he a member of the Board of Trustees of the University of North Carolina. In 1975 he was named Tar Heel of the Week by the Raleigh News and Observer. In 1982 he received the Distinguished Service Award from the University of North Carolina School of Medicine. In 1982 the F.M.
Simmons Patterson Education Building was dedicated in his honor at the Craven County Hospital in New Bern. Following departure from the East Carolina School of Medicine an annual lecture series was established there in his name. He was the author of many published scientific papers. He is survived by his wife of 53 years, Ruth Read Patterson and his four children: sons, F.M. Simmons Patterson M.D.
and wife, Charlotte of Pinehurst, N.C., David Read Patterson, M.D. and his wife, Martha of Greensboro, N.C., John Stephen Patterson of Greenville, N.C. and daughter, Isabelle Patterson Burbank and her husband, Jim of Charlotte, N.C. Also surviving is his brother, Joseph Flanner Patterson, M.D. and his wife, Alice of Chapel Hill; seven grandchildren and one great-grandchild.
The funeral service will be held at First Presbyterian Church at 11 a.m. Wednesday in New Bern, North Carolina, with the Reverend Shirley Rogers and Dr. Keith Riddle officiating. Interment will be at Cedar Grove Cemetery, New Bern, N.C. The family will receive friends from 7-8 p.m.
Tuesday at PollockWells and Best Funeral Home, New Bern, N.C. Arrangements by Pollock-Wells and Best Funeral Home. survey map last week during a routine examination of maps being recorded. The warrant shows that the offense took place Jan. 14.
The map was a recording of a planned subdivision, Chapman said. On Monday night, Hughes was being held in the Wake County Jail in lieu of $10,000 bail. HELEN L. COTTEN OXFORD Mrs. Helen LaDena Cotten, 67, of 102 Greenbriar Circle, Oxford, died February 2, at her home.
A native of Riverside, she was the daughter of the late Isaac F. and Helen C. Banta. Mrs. Cotten was a graduate of Riverside College, Huntington Memorial Hospital, University of Southern California and University of Cincinnati.
She was a member of the N.C. Nurses Association having served as chapter 33 president; the Oxford United Methodist Church having served as Parish Nurse; chairman of the board, choir member, assistant organist, president of United Methodist Women, Altar Guild, lay speaker and chairman of many other committees. A memorial service will be held at the Oxford United Methodist Church on Saturday, February 14, at 2:30 p.m. Surviving include her husband, Frank N. Cotten; daughters, Celia M.
Swanson of Bentonville, Cheryl M. Bowlin of Caracas, Venezuela, Jennifer L. Thomas of Round Rock, Texas; son, Andrew N. Cotten of Austin, Texas; brother, Richard F. Banta of Cocoa Beach, two grandchildren.
In lieu of flowers, the family requests that memorials may be made to the Oxford United Methodist Church, 105 W. McClanahan Oxford, N.C. 27565 for the Parish Nurse Fund. The family will receive visitors at the funeral home, 7-9 p.m. Friday, February 13, and at all other times at the home.
Gentry-Newell Vaughan Funeral Home are in charge of arrangements. JESSIE D. DRIVER LOUISBURG Jessie Dickerson Driver, age 91, died Sunday, Feb. 1, 1998 in Louisburg Nursing Center. She was preceded in death by her husband, Milton Driver and sons, Wilson, Sidney, Russell and Delphous Driver.
Surviving: daughters-in-law, Louise L. Driver and Cora Helen Driver, both of Louisburg; 11 grandchildren; 12 great-grandchildren; several nieces and nephews. The family will receive friends Tuesday night from at Lancaster Funeral Home and at all other times at the home of Louise L. Driver, 507 Ford Circle, Louisburg. Funeral services will be held Wednesday at 2 p.m.
at the Lancaster Funeral Home Chapel conducted by the Dr. Gattis Perry and the Rev. Riney Koschell. Burial will follow in the Pernell Family Cemetery in Alert. LUCILLE BURNETT HALEY RALEIGH Lucille Burnett Haley, 90, of Raleigh, died Monday.
A graveside service will be 11 a.m. Tuesday at Raleigh Memorial Park. She is survived by her son and daughter-in-law, Charles and Carol Haley of Raleigh; son-in-law, William J. Stephens of Raleigh; sisters, Maline B. Gaddy of Raleigh, Dorothy B.
Raymond of Raleigh; grandchildren, Jefferson Stephens of Greenville, Susan Stephens of Greenville, Haley Steadman of Charlotte. She is predeceased by her husband, Charles Douglas Haley and her daughter, Judy Haley Stephens. Memorial contributions may be made to Edenton Street United Methodist, Building Fund, 228 W. Edenton Raleigh, N.C. 27603.
GERTRUDE CARTER McDEVITT CHAPEL HILL Gertrude Carter McDevitt, 77, of Chapel Hill, N.C., died Saturday, January 31, at Lake Norman Regional Medical Center after a brief illness. Born in Durham, N.C., she was a daughter of Urtrice Brantley and Jeffrey Earmon Carter and the wife of Lt. Col. Howard K. McDevitt USAF She was a graduate of Wakelon High School in Zebulon, and Western Carolina University in Cullowhee, where she received B.S.
in Elementary Education. She taught in the primary grades in schools in North Carolina and Maryland during the 1940s and 1960s. She was a lifelong member of the United Methodist Church of Zebulon. survived by her sons, Steven Jeffreys McDevitt of Apple Valley, Phillip Andrew McDevitt of Warner Robins, Ga. and Richard McDevitt of Davidson, N.C.; a sister, Faye Carter Cowan of Kannapolis, N.C.; and eight grandchildren.
The funeral will be held 1 p.m. Tuesday at The Zebulon United Methodist Church. Visitation will be 6-8 p.m. Monday evening at Family Funeral Care, 1201 Arendell Zebulon, N.C. 919-269-9377.
Her family appreciates either flowers or donations in her name to charity. MAUDE ELLEN PETERS OXFORD Maude Ellen H. Pe- ters, 72, died February 1, 1998 at her home. She was the daughter of the late L. Graham and Ola T.
Harris, the widow of the late Spurgeon Peters, and the mother of the late Jane P. Brame. Mrs. Peters was a native of Granville County and was a retired employee of Granville Insurance Agency. She was Pianist and choir director for 35 years at Gray Rock United Methodist Church and served the church in many capacities.
Funeral service will be held Wednesday at 2 p.m. in Gray Rock United Methodist Church by the Rev. Lily Chou. Burial will follow in the church cemetery. Surviving are two daughters, LaVergne P.
Popovitch of Townsville and Debra Peters of Garden City, S.C.; one son, Mike Peters of Cary; one sister, Edna Earle B. Boone of Stem; one brother, L. Graham Harris Jr. of Oxford; five grandchildren and seven great-grandchildren. The family will receive visitors at Gentry Newell and p.m.
Vaughan Tuesday. FunerIn lieu of flowers, the requests that memorial donations be made to the Gray Rock United Methodist Church, 3710 Cannady Mill Road, Kittrell, N.C. 27544. JACK B. PIERCE RALEIGH Jack Blythe Pierce, 72, of 900 Temple Raleigh, died Monday, Feb.
2, 1998 at his home after suffering from cancer. Jack Pierce was born July 15, 1925 in Waxhaw, NC. He was drafted into the service serving in WWII in the 7th Armored Division 3rd Army. He was awarded the silver star for rescuing 500 men trapped behind German lines. After the war he joined the N.C.
State Highway Patrol where he served 39 years. He retired in 1985 as 1st Sergeant. Mr. Pierce was a member of the Millbrook Masonic Lodge No. 97 and an active member of the Wake County Shrine Club.
He is survived by his son Jack B. Pierce, and his wife Denise H. Pierce of Raleigh; brothers, John Pierce of Charlotte, Charles Pierce of Mooresville, Arthur Pierce and Robert Pierce Waxhaw and Franklin Pierce of Garland, TX; sister, Mary Ethel Stegall of Monroe; several nieces and nephews. He is preceded in death by his wife Roberta Clark Pierce and sister Clara Hemby. Visitation will be at Brown Wynne Funeral Home on Millbrook Road on Tuesday from 7-9 p.m.
Funeral service will be 2 p.m., Wednesday, at Hudson Memorial Presbyterian Church with burial at Raleigh Memorial Park. In lieu of flowers the family request memorial contributions may be made to Hospice of Wake County, 4513 Creedmoor Road, Raleigh, NC 27612 or the American Cancer Society, 11 1 S. Boylan Raleigh, NC 27603. 03. FRANCES W.
YEARGIN OXFORD Frances Woody Year- gin, 88, formerly of Coleman Street, died Monday, February 2, 1998 at Rex Convalescent Care Center, Raleigh. A native of Granville she was the daughter of the late Henry Gabriel and Jessie Green Woody and the widow of W. Harold Yeargin. She was a member of the Oxford Baptist Church. Graveside service will be conducted 11 a.m.
Wednesday, from Elmwood Cemetery by the Rev. Dr. J. Steven Bolton. Mrs.
Yeargin is survived by two sons, William H. Yeargin of Palm Beach Gardens, FL; and Neil W. Yeargin of Greensboro; one sister, Mrs. Mildred Woody Thomas of Raleigh; five grandchildren; nine great-grandchildren. In lieu of flowers, memorials may be made to the Oxford Baptist Church, P.O.
Box 398, Oxford, N.C. 27565. The family will receive p.m. Tuesday at Gentry-Newell Vaughan Funeral Home. GARCIE "CECIL" WARD RALEIGH Garcie "Cecil" Ward, 57, of Raleigh, died Saturday, January 31, 1998.
Mr. Ward was born in Smithfield. He was a skilled artist who really loved the Lord. Funeral service will be conducted 2 p.m. Wednesday in the Montlawn Funeral Home Chapel, 2911 S.
Wilmington St. The family will greet friends following the service. Surviving are his wife, Nancy Swain Ward, seven brothers; two sisters; six dogs; one cat. Flowers are acceptable or donations may be made to the youth's Mission to Germany, Providence Baptist Church, 6339 Glenwood Avenue, Raleigh, N.C. 27612.
More deaths, page 6B. The Triangle's first on-line newspaper written and produced by area high school students News Sports Entertainment http://www.nando.net/links/nandonext/next.html Brought to you by The News Observer's Newspapers in Education Department.
