NC Senate and NC House Leaders Introduce Compromise Budget Full Details Not Available At Press Time Budget Has Been released to the Public

09/16/2015 7:00 am Update

The budget and conference report on the budget have been added to the website of the North Carolina General Assembly and Macon Media has embedded them below and made them available for the public to download from this page. The NC House convenes today at noon and the NC Senate convenes at 2:00 pm. The budget is expected to be the topic of discussion.

Table of Contents of Compromise Budget

Proposed Compromise Budget

Conference Committee Report 2015-09-14

Speaker of the NC House Tim Moore and Senator Phil Berger held a joint press conference to brief the press corps on the compromise busghet worked out in conference committee over the last few weeks. The full budget was not made available to the press or public at the time of the press conference, but was promised to be released later this afternoon or evening.

Macon Media recorded the audio stream from the North Carolina General Assembly website and, in the interest of time and portability, added the audio to a video so you could listen to the whole thing yourself. The audio has been amplified, but there are a couple of sections when one of the speakers drifted away from the microphone and you'll have to boost the volume to hear what they're saying. There was a brief period of 30 seconds where the audio completely dropped out and it has been left in the video.

So, without further ado, the audio is posted below, and a "highlight" of the budget has been posted below, all of which has been lifted from Representative Chuck McGrady's blog.

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House Bill 97
2015 Appropriations Act

Conference Committee Overall Highlights

September 14, 2015

• Appropriates $21.734 billion for FY 2015-16, an increase of about $652 million (or 3.1% percent) from the FY 2014-15 budget
• Increases State-funded positions by a net of 96.60 positions

Adjustments to Availability

• Increases the Savings Reserve Account by $200 million, bringing the total to $851.6 million. Another $250 million is transferred if House Bill 943 [Connect NC Bond Act of 2015] is enacted, increasing the total amount in the Savings Reserve to $1.1 billion;
• Appropriates $150 million to the Repairs and Renovations Account;
• Repeals the statutory transfer of $215.9 million in funds from the Highway Fund to the State’s General Fund;
• Reduces Availability by a net of $74.7 million in FY 2015-16 and $326.5 million in FY 2016-17 for various tax adjustments;
• Earmarks $75 million for FY 2015-16 and another $150 million in FY 2016-17 in non-recurring funds for deposit into the newly established Medicaid Transformation Fund;
• Returns $10 million each year of the biennium to Golden L.E.A.F. from Master Settlement Agreement funds.

Salary and Benefits

• Public Schools:
  • Increases starting teacher salary from $3,300 to $3,500/month ($35,000 per year);
  • Grants a step increase for eligible educators who gain a year of creditable service;
  • Grants a step increase for School-based Administrators (SBAs) (i.e. Principals and Assistant Principals);
  • Provides that no teacher or SBAs will receive a drop in pay;
• Provides $202 million for $750 bonuses for all State and State-funded local employees;
• Grants a step increase for Assistant & Deputy Clerks, Magistrates, the Highway Patrol;
• $12.5 million in FY 2015-16 and $25 million in FY 2016-17 to fund the Salary Adjustment Fund for market-based adjustments;
• $10 million in FY 2015-16 and $20m in FY 2016-17 for salary increases for NC Community College personnel (local Boards have flexibility in allocating the funds);
• $12.8 million in FY 2015-16 and $25.6 million in FY 2016-17 to implement Pay by Custody Level for Correctional Officer;
• $12 million in FY 2016-17 to implement OSHR’s Compensation Update;
• Maintains current benefits and policies in all State retirement systems;
• Increases benefits to members of the National Guard Pension Fund;
• Funds the State Health Plan at the level recommended by the Board of Trustees’ for FY 2015-16;
• Provides funds for Worker’s Compensation payments to accurately reflect projected spending.

 Other Areas

• Funds Teacher Assistant positions at the FY 2014-15 level;
• Funds Driver Education Training over the biennium;
• Provides funds $16.8 million in capital investments such as $5.8 million for Water Resources Development projects and $3.5 million for repairs to the USS North Carolina Battleship;
• Provides $30 million in non-recurring funds to the Film and Entertainment Grant Fund in each year of the biennium;
• Establishes a new Department of Military and Veterans Affairs.

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Tax Package

• Cuts Personal Income Tax Rate by 0.26% to 5.499%
• Increases Standard Deduction in 2016 from $15,000 to $15,500, non-taxable.
• Unlimited deduction for both Medical and Charitable.
• Maintains Corporate Income Tax rate reduction trigger (Current forecast has us hitting the trigger in 2016 dropping rate to 3%)
• Phases in Single Sales Factor over 3 years starting next year (study market based sourcing)
• No extension of the Solar Tax Credit or R&D Tax Credit

2017 Estimated Average Effective Tax Rate

Federal Adjusted Gross Income	Current Law	Proposed Law
$20,000 to $29,999	2.71%	2.47%
$30,000 to $39,999	3.40%	3.15%
$40,000 to $49,999	3.79%	3.54%
$50,000 to $59,999	3.97%	3.72%
$60,000 to $69,999	4.06%	3.82%
$70,000 to $79,999	4.10%	3.86%

(Estimates as produced by the North Carolina BearingPoint Individual Income Tax Model for Tax Year 2017)

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Education

K-12 funding: 5.0% ($410 M) increase from base budget

• Fully funds Teaching Assistants to secure better educational support and student outcomes.
• Fully funds Driver Education to help North Carolina train responsible drivers.
• Invests $l.5M over biennium for Transforming Principal Preparation to support innovative programs to dramatically improve the rigor of principal preparation in North Carolina.
• Increased funding for Textbooks & Digital Learning Resources.
• Invest in School Connectivity Initiative to bring broadband access to all K-12 schools.
• Increases Opportunity Scholarships by $14 million (129%) to award more scholarships to children of low-income and working-class families to attend a private school of their choice.
• $7.5M to 58 Community Colleges across the State for state-of-the-art equipment to keep up with the changing needs of employers and train future workforce.
• Increase capacity of training for medical residents, with a focus on primary care and general surgery.

Heath & Human Services

• Increased support for community mental health services, examples include:
  • 7% increase for three-way psychiatric beds in community hospitals.
  • Addition of 66 mental health beds at Central Regional Prison.
  • Establishes mental health treatment units at 8 custody prisons.
  • Traumatic Brain Injury waiver to provide victims better support.
  • Training for Paramedics for Behavior Health
    diversion.
• Foster Care: Raises age to 21yrs, provides funds for Youth Villages, increases funding by $12M for increased Foster Care caseload.
• Increases market rates for Child Care Subsidy and includes “Grandparent” fix.
• No changes to CON Laws.
• Does not eliminate Community Care of North Carolina (CCNC).
• Home and Community Care Block Grant: restores cut to services for seniors.
• Provides funds to  improve State Medical Examiner system.

Transportation

• Eliminates the transfer from the Highway Fund to the General Fund.
• $440M in additional road funding.
• $70M in for port modernization.
• Increased funding for contract resurfacing and the bridge program, and pavement preservation fund.
• Increased funding for capital construction projects through STI.
• Continued funding for modernization of DMV.
• Increased funding for state aid to municipalities.
• Reduce taxpayer dollars used for Board of Transportation travel expenses.
• Increases funding for airport development and the UAS program.
• Eliminates 50 Raleigh-based, non-field positions.

Agriculture & Natural Resources

• Support for Dredging of the coastal inlets to keep our waterways open for business and recreation.
• $1M for Military Buffers through Farmland Preservation.
  • $1M through Clean Water Management Trust Fund
• Additional funding to support Oyster Industry
• $1M FY1 and $2M FY2 for Tourism Funding to continue to encourage out-of-state tourism.
• $500k for Shale Gas Exploration
• Funds expansion of AgWRAP (well-drilling initiative for Ag).
• Eliminates $1.5M for state-wide branding initiative.
• $1.3M department-wide DENR administrative cut.

Salary & Benefits

• All teachers and State employees will recive a $750 bonus by the end of Fiscal Year 2015. Legislators do not receive this bonus.
• Teachers will still receive step increase raises based on experience.
• Starting teachers (0-4yrs) will see a salary increase from $33,000/yr to $35,000/yr.
• All Sworn Members of the Highway Patrol will receive a 3% salary increase.
• Starting Highway Patrol salary increase from $35k/yr to $36,050/yr.
• No reductions in the State retirement benefits.
• $38M in fund for Administration to adjust salaries of employees in hard to recruit areas.
• Increases General Fund appropriation to National Guard Pension Fund.

Justice & Public Safety

• Grants for Body-Worn Video Camera for Law Enforcement Agencies to protect our sworn officers. Optional- does not force Departments to comply.
• Provides remaining funds for cameras in Highway Patrol vehicles to keep our troopers safe.
• $1.6M for HERO Grants to combat sex crimes against children.
• Clerks and Magistrates will still receive step increase raises based on experience.
• Additional funds for court modernization.
• Funds for Managed Cell Access System to deter the illegal smuggling and use of cell phones by inmates.

General Government

• New Department of Military and Veterans Affairs
• New Department of Information Technology
• New Department of Natural and Cultural Resources to consolidate management of all state attractions.
• Additional funds for VIVA in FY 2015-2016 to execute voter outreach.
• $17.5M for Workforce Housing Loan Program, develop low-income housing.
• Align Agency Budgets to Actual Expenditures to track the use of taxpayer dollars.
• Governmental Budgetary Transparency/Expenditures Online to ensure an open, transparent, responsible state government.

Statewide Reserves

• $600M to Savings Reserve and R&R
• $186M to a Medicaid Contingency Reserve. This reserve is to address any budgetary shortfalls within the Medicaid budget.
• $225M over the biennium for a Medicaid Transformation Reserve. Will be used for when the State transitions to fee-for-service to capitation under Medicaid reform.

Other Highlights

• $3M for OneNC Small Business Fund
• $2.5M annually for Rural Economic Development Grants
• $30M for Film Grants
• $8M in FY 2016-2017 for Historic Tax Credit
• JMAC funded on recurring basis; $6.9 million in FY 2015-2016 and $7.5m in FY 2016-2017

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NC Voter Rights Forum is tonight at 6:30 pm at town hall

PRESS RELEASE
Macon County League of Women Voters

Macon Co. League of Women Voters to present N.C.Voter Rights Forum on Sept. 10 in Franklin.

The Macon Co. League of Women Voters will be presenting a forum on “Voter Rights in North Carolina: Barriers and Challenges 50 Years After Passage of the Voter Rights Act,” on Sept. 10, Thursday, at the Franklin Town Hall at 6:30 PM.

In 2013 the NC State Legislature passed controversial new voter ID laws that require the use of a photo ID for voting in person, but not for voting by absentee ballot. The NC Board of Elections has estimated over 300,000 registered voters in N.C. do not have a driver’s license or comparable documentation for obtaining a state-issued photo ID.

The 90-minute forum will include a presentation by Bob Hall, Executive Director of Democracy-NC, a non-partisan voting rights organization based in Durham, N.C., who will highlight recent analysis of the 2014 NC election: “… We have concluded that new voting limitations and polling place problems reduced turnout by at least 30,000 voters in 2014.”

Debbie George with the Macon Co. Board of Elections will clarify recent changes to the photo ID requirement. Other presenters will be Ann Butzner from Buncombe County, a voting rights activist who has led efforts to register the elderly and other marginalized voters in WNC; and Selma Sparks, veteran civil rights activist and journalist from New York City, who now lives in Macon Co. Ms. Sparks was the only female journalist to ever interview Malcolm X. There will also be updates on legal challenges to the NC Voter ID laws.

Susan Ervin with the League says “…there remains considerable confusion over these laws-what is an acceptable photo ID at polling stations; student ID’s are not acceptable, but tribal membership cards are. We fear a confused voter will likely be a non-voter, and this will be a setback to a democracy based on the fundamental right to vote. Our forum is meant to clarify some of these issues.”

The 1965 Federal Voting Rights Act was meant to simplify and expand access to the ballot box. Since 2011, 34 states have introduced voter ID laws. North Carolina has recently become the center of a national discussion over whether these laws constitute voter suppression or ballot “security” to restore confidence in elections.

The League of Women Voters is a non-partisan national organization with state [and local chapters in North Carolina], that focuses on voter rights and education, civil rights, and social justice issues.

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Mercer delivers update on The Father's House at September Commissioner meeting

This video is from the public comment period of the September 8, 2015 meeting of the Macon County Commissioners. Dr Gordon Mercer spoke about the efforts of The Father's House to comply with housing and fire codes. The church runs a homeless shelter as part of their ministry.





Here is a video someone posted of the cleanup that took place at Father's House as part of a mission trip from Grantie Falls, NC:

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Regular September 2015 Meeting Macon County Commissioners Part 1 - Public Education Supporters Rally

Last night's meeting of the county commissioners began at 6 pm and commissioners went into closed session to discuss acquiring property at around 10 pm, so the video of the meeting will be broken up into segments to make for easier viewing.

The agenda packet that the county shares with members of the press (and others by request under sunshine laws) is posted at the end of this article. Currently, Macon Media is the only member of the local press that shares this public document with the citizens of Macon County.

MEDIA ROLL CALL (media organizations with reporters at the meeting)

Macon Media (me)
Macon County News and Shopping Guide
WFSC-AM/WNCC-FM
The Franklin Press The Smoky Mountain News
WLOS-TV  [See their coverage]

I will update this section over the next week as the other news outlets post their coverage about this segment of the meeting.

The first segment is the beginning of the meeting and a mini-rally in support of public education and a presentation by John DeVille. He is a local teacher at Franklin High School and member of the North Carolina Association of Educators. The presentation was billed as an update on state budget/education issues. Video, supporting documents and photos are below.






You can see the slideshow John DeVille presented either at his website or via the embed below.

Preserving Our Public Education Heritage

Here is a slideshow of photos taken at the pre-rally meeting at Ratheskeller's and then at the county commissioner meeting:

Press Packet for Sept 2015 Macon Commissioners by Thunder Pig

CROWD FUNDING

If you're of a mind, and can afford it, a dollar a month (or more) from enough people will make a huge difference in improving the quality of these reports and will allow remote weather stations and weather cams to be deployed throughout the county that you will be able to access online.

So far, 13 people have pledged $75 a month, and 9 of them have followed through with $55 for the month of August. This is a tremendous help.

Thank you to the two people who sent checks during August.

Please visit www.patreon.com/MaconMedia for more information on how to contribute.

Businesses can underwrite this coverage by day sponsorships, surplus equipment donations, etc. Inquire at editor@maconmedia.com for more information.

If I can do this on less than $100 a month, imagine what I can do if a thousand (or more) of you were willing to send a dollar a month. 

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Macon County Public Schools Start Today Safety Tips and School Calendars

Today, August 24th, is the first day of the 2015-2016 school year in Macon County. Be careful and watch for children on the side of the road who may dart into the road and watch for school buses. Give the buses plenty of lead room in front of you and know when to stop for school buses. 

Here are links to download the school calendars for the 2015-2016 School Year:

Franklin Area Schools

Highlands School (New school day is 8:00am to 3:10 pm)

Macon Early College

Nantahala School (New school day is 8:00am to 3:10 pm)

Here is a press release from the North Carolina Department of Transportation with tips about safely driver when schools are in session.

Governor McCrory Stresses Staying Safe When Traveling Back to School

Raleigh, N.C.  – More than 1.5 million students across the state will head back to the classroom next week, and North Carolina officials want to make sure those students arrive safely and ready to learn.

With more cars, buses and pedestrians packing North Carolina roadways, Governor Pat McCrory, the North Carolina Department of Transportation and the North Carolina State Highway Patrol urge motorists to stay alert and exercise caution on the road, especially around schools, crosswalks, school buses and bus stops.

“Safety, especially the safety of our students at this time of year, is our number one priority, and we want all drivers to stay alert and slow down as more children will soon be standing at bus stops, crossing the road to get on buses and walking or riding their bikes to schools,” said Governor McCrory. “We also want to remind all drivers, particularly our teen drivers, to put their phones away, keep their eyes on the road and avoid all distractions and slow down.”

In Wake County during the first month of the last school year, one student was hit and killed while waiting for the bus, and two teens were killed in crashes on their way to school. Seven students statewide were hit and injured crossing to get on the bus or at the bus stop during the entire 2014-2015 school year.

“These tragic accidents can be prevented if drivers, parents and students practice simple safety measures. Rushing to save a few minutes or a distraction of a few seconds can trigger life-altering or life-ending consequences,” said NCDOT Secretary Nick Tennyson.

While texting, the average time your eyes are off the road is five seconds. That's enough time to drive the length of a football field blindfolded when traveling at 55 mph. With more than 14,000 school buses traveling North Carolina highways daily, paying attention to the road and avoiding distractions can help keep everyone safe.

“As we begin the school year, our troopers will be closely monitoring school buses. Our number one goal is to ensure the safety of the public but particularly our children,” said Col. Bill Grey, Commander of the Highway Patrol. “To accomplish this goal, we must work together to keep our school children safe and to educate all drivers on the importance of school bus safety.”
 Back-to-school safety tips for students and parents:

• Cross in crosswalks.
• Watch for and obey crossing guards.
• Look both ways before crossing the street.
• Be careful crossing multiple lanes of traffic.
• Make sure each lane of traffic is clear before you cross.
• Pay attention. When walking, avoid distractions like cellphones.
• Obey signs and signals.
• Cross the street where you have the best view of traffic.
• Always walk on the sidewalk; if there is no sidewalk, walk facing traffic and as far from the road as you can.

Back-to-school safety tips for drivers:

• Know when to stop for school buses. (Read more.) 
• Yield to pedestrians in crosswalks.
• Obey all posted school zone speed limits.
• Never pass a vehicle that is stopped for pedestrians.
• Before turning, be sure the path is clear.
• Slow down near bus stops, schools and playgrounds.
• No drinking and driving.
• Buckle up.
• Avoid distractions such as food, passengers and using mobile devices.
• Texting while driving is illegal. 

North Carolina has stiff penalties for motorists who fail to comply with school bus safety rules.

• There is a $500 penalty for motorists who are caught passing a stopped school bus, and a five-point penalty on their driver license.
• A driver who passes a stopped school bus and strikes someone will face a Class I felony and be fined a minimum of $1,000.
• The penalty increases to a Class H felony and fine of $2,500 if someone is killed.

Additional driving tips for teens:

• Don’t speed.
• Avoid distractions.
• Cellphone use is illegal for drivers under 18.
• For provisional license holders, no more than one passenger at a time.

For more information, visit the Watch for Me NC campaign website to learn more about what you can do to keep roads safe for everyone.
 

Download the Back to School Safety Tips PDF for more information.

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Superior Court Cases Afternoon Session August 17, 2015

Superior Court for Macon County was called into session for the afternoon of August 17, 2015 with the Honorable William H. Coward presiding.

Macon Media and The Franklin Press were the only local media organizations with reporters physically present in this session of court.

This article contains a list of dispositions and decisions in chronological order, augmented with with information from notes taken while the court was in session. Any errors are mine and all defendants are presumed innocent until their cases have been adjudicated. Where possible, hyperlinks have been added that may help promote understanding of the legal process in North Carolina. I have also not reported material that identifies the victims or family members of sexual abuse victims.

Please remember that I am an amateur in reporting on the court system. If you see errors in my reporting, let me know at editor@maconmedia.com or send me a private (or public message on my Macon Media facebook account at http://fb.com/maconcomedia

Here are links to some documents to help you understand how the court system works and some of the legal jargon in the coverage:

NC Courts Website

A Citizen's Guide to Structured Sentencing 

NC Superior Court Judges' Benchbook  

CRV (Confinement in Response to Violations) 

SUPERIOR COURT CASES 

Mann, Logan 14CRS51174 Assault by strangulation, assault on a female, assault in the presence of a minor

Represented by Bryson, Crystal

A plea of Not Guilty was entered and a trial date set for December 14, 2015.

Royse, Christopher

Represented by Beyer, Nikki

Case was continued to November 16, 2015 for another administrative setting.

Holt, Raymond 14CRS050188 Sex Offender/Child Premises

Represented by

Called and failed to appear. Order for Arrest was issued and bond raised to $30,000 cash secured. (The defendant appeared later in the session and the order was struck)

Timpton, Jeremy Probation Violation (In arrears over financial obligations)

Represented by

The defendant was given an extra 12 months of probation. (I could not find this case on the calendar, perhaps I did not understand the name of the defendant)

Roberts, David 14CRS050498, 14CRS050499, 14CRS 050500 Third degree sexual exploitation of a minor

Represented by Devereux, Sean

Case continued to 11-16-2015.

Holt, Raymond 14CRS050188 Sex Offender/Child Premises

Case was continued to 11-16-2015 at which time the State instructed the defendant to plea guilty or go to trial. The judge ordered the arrest order rescinded.

Moses, Chad Probation violation (could not find this case on the calendar)

Found in violation. Sentenced to 90 day CRV then terminate probation.

Jorge, Susan (could not find this case on the calendar)

Represented by (not represented)

The judge appointed Nikki Beyers and set next appearance at 11-16-2015.

Ward, Roberta Probation Violation (could not find this case on the calendar)

Represented by (waived right to an attorney)

Judge extended probation 12 months.

Hathcock, Preston 14CRS050590 Breaking and/or Entering

Represented by Beyers, Nikki

Continued to 11-16-2015.

The reporter for The Franklin Press arrived in the courtroom.

McKinney, Gavin 15CRS050552, 15CRS050553 Forgery and Obtain Property by False Pretenses and Uttering Forged Instrument

Represented by Neumann, Scott

Sentenced to 2 consecutive sentences 6 to 14 months with 26 days jail credit, active sentence suspended for a term of 24 months on probation, pay $200 fine, restitution to victim for checks, have no contact with the victim and $240 for attorney fees.

McConnell, Jeffrey 15CRS05065, 15CRS050652 Possess firearm by a felon, possession stolen firearm

Represented by Norwood, Gina

Continued to 11-16-2015.

Frazier, Steel 15CRS050759, 14CRS 050760, 14CRS050761 2^nd Degree Burglary, Stolen good, larceny after B&E, larceny of Motor Vehicle, Possession of Stolen Motor vehicle

Represented by Norwood, Gina

Continued to 11-16-2015.

Burr, Jerimy 14CRS050881 Traffick in Methamphetamine and other related charges

Represented by Lay, Frank

Continued to 11-16-2015.

*note* There were several cases at this time I missed because I did not hear a name or complete case number called out as they were handling them rapid-fire.

Jones, Christopher (The case number was not on my calendar) Conspiracy to commit felony, possession of methamphetamine, etc.

Represented by Lepre, Stephanie

The defendant was sentenced and ordered to pay $7,409 in restitution.

10 to 21 months suspended for 36 months probation. Defendant sentenced to serve 90 days minus 17 days jail credit. Ordered to pay $900 in attorney fees, $7,409 in restitution, serve 48 hours community service, enter treatment for substance abuse and have no contact with co-defendant or victim during term of probation.

(This was a complicated sentence, so I have likely got part of it wrong).

This case resulted from the theft of the the days receipts of Cowee Convenience Store on August 4, 2014.

Hensley, Adam 14CRS50281 2^nd Degree Murder

Represented by Belser, David

The defendant entered a plea of guilty according to a plea arrangement with the State and was sentenced to 48-67 months with 16 days jail credit with recommended work release.

This case resulted from the March 9, 2014 death of Larry Wilt during a fight at 21 Kirkland Road. More on the incident can be seen at http://is.gd/MM201406309 **note** The audio will not play because DivShare, where the audio is being housed, is undergoing restructuring. I have no idea when, or if, the audio will become available again.

Notes from the courtroom

The judge noted that the class D Felony the defendant is charged with exposes him to a possible 204 month maximum sentence.

The judge noted the plea arrangement and sentencing guidelines put the defendant in the mitigated range for a 48-70 month sentence (the judge later corrected the 70 to 67).

assistant District Attorney Eric Bellas, prosecuting for the State, reported the facts of the case for the record. They include:

On March 9, 2014 the Macon County Sheriff Office was called out to to a fight in progress at 21 Kirkland Road. The defendant was found with blood on his face and clothing. Larry Wilt was pronounced dead upon arrival at the hospital.

On March 10, 2014 an autopsy performed on the deceased found that the cause of death was several stab wounds.

Witnesses at the scene said the two were lifelong friends and had a disagreement while drinking and a fight started and escalated and moved outside. The State noted that the victim was stabbed with a weapon of opportunity after his nose was avulsed (bitten off).

He further reported that the defendant said he was defending himself and that witness testimony to investigators gave varying accounts of the incident, both implicating and exonerating the account of the defendant.

The mother of the victim made a statement to the court. She said the two 9Henskey and Wilt) had been friends for a long time. Most of her information on what happened came from Facebook and friends. She said that her son's children had no father and that her 6 year old grand daughter wanted to die so she could be with her daddy. She said Hensley just got back from the beach and has had rights and freedoms that have been denied her son, who she said walked away three times to avoid a fight the day he was killed.

David Belser, Attorney for the Defense, said this has been a horrible situation for the victim' family and for the defendant's family. He said Larry Wilt had lived with the Hensley's on and off since the 6^th grade. He participated in family vacations and family reunions with the Hensley family.

He said the defendant had a good work history listing jobs held as a dishwasher and for a couple of paving companies. He said the Defense would like for the defendant to get work release at the earliest opportunity if it pleased the court.

The judge found the defendant guilty of a Class D Felony. Voluntary Manslaughter, and would be sentenced in the mitigated range because the mitigating factors outweighed aggravating factors. The sentence is 48-67 months, with credit for 16 days jail credit and work release would be recommended.

At this point, there was an outburst from someone sitting with the family of Larry Wilt. A young man shouted “How is this justice? I hope you wake up every morning and see your disfigured face.” The judge ordered the person removed from the court room.

The judge then continued with the sentence, requiring that a DNA sample be submitted.

Hensley was handcuffed and taken from the courtroom.

The judge directed the audience to exit in a peaceful manner or face 30 days in jail or a $500 fine. He noted that inside the courtroom is not the place to demonstrate against a verdict.

Court was dismissed for the day.

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State Seeks Death Penalty for Charles Andrew Cochran

The State will be seeking the death penalty for Charles Andrew Cochran for the murder of Day Williamson, of Franklin, NC after numerous attempts to get the defendant to accept a plea deal for life without parole that avoided the death penalty. The State will file paperwork by 5:00 pm today to get that process moving and get an additional attorney appointed to assist Belzer in the defense of his client.


An additional administrative hearing has been scheduled for November 16th, during which time a Rule 24 hearing may take place or be scheduled at another time in the future. *correction* A Rule 24 hearing did take place. My apologies for the error. 

*note* This post has been edited to include information that the deal included life without parole.

*note 2* This was published during the second day (ever) of covering the court system, so expect errors on my part. These guys do not do business like an elected body, making sure the audience understands what is taking place. As long as the Judge and Attorneys know what is going on, they're going to do whatever it is that they're doing. If you're one of those few inititiates who do know what is going on, please do not hesitate to let me know. Since the web provide for the MaconMedia.com website is having issues, the normal email address of editor@MaconMedia.com is not working, so send me a private message on the facebook page http://www.fb.com/MaconCoMedia or comment on the post where the story has been linked. My intent is to cover the court system, in particular the superior courts, by being there during the entire session and not just parachuting in just for the big or interesting cases and ignoring the vast majority of the interaction between the public and the courts.

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Superior Court Cases Morning Session on August 17, 2015

Superior Court for Macon County was called into session with the Honorable William H. Coward presiding.

Macon Media and The Franklin Press were the only local media organizations represented in this session of the court.

Here are a list of most of the court dispositions and decisions that took place on the morning of August 17th, augmented with brief notes taken while the court was in session. Any errors are mine and all defendants are presumed innocent until adjudicated by the court. Where possible, hyperlinks to material that may help promote understanding of the legal process in North Carolina.

Here are links to some documents to help you understand how the court system works and some of the legal jargon in the coverage:

A Citizen's Guide to Structured Sentencing

NC Superior Court Judges' Benchbook


The cases are listed in the order in which they appeared.

Anglin, Paula 14CRS050535 Dissemination to minors under the age of 16 years.
Represented by Hensley, Robert

The Defense entered a plea of guilty as part of a plea arrangement with the prosecution that exposed the defendant to a maximum of 59 months in the NC DOC (North Carolina Department of Corrections).

The judge sentenced the defendant to 15 to 27 months, suspended for a 24 month term of probation and a $500 fine and 12 hours of community service. The physical evidence in this case is to be destroyed and the defendant must register for 30 years as a sex offender.

Cowart, Jessie (numerous case numbers, primarily unindicted)
Represented by Gillette, Jeffrey

The State noted that the defendant was before the court regarding an April case and was currently unindicted in a recent case. After a discussion on the particulars, the judge set September 8th for a bond hearing and to handle other matters in the new case.

Waldroop, Gergory 14CRS050866 Driving While Impaired
Represented by Stewart, J.

This defendant was listed in error for this session and was scheduled for trial on 12-14-2015.

Moore, Thomas 15CRS050237 Traffick in Methamphetamine
Represented by Gillete, Jeffrey

Trail date of 12-14-2015.

Ortega, Janet Gonzales 14CRS051399, 14CRS051401 to 14CRS051403 (various fraud charges)
Represented by Hensley, Robert

The Prosecution noted that this defendant needed an interpreter and none were available today.
The case was continued to 11-16-2015 for a plea.

Prince, Christopher (not listed on the published court calendar)
Represented by Hensley, Robert

The case was continued to 11-16-2015.

Bush, Ryan Wesley 15CRS000115 Possess Drug Paraphernalia
No representation

The defendant filed for a court appointed attorney. Norwood was appointed.

After a brief recess, the court continued with numerous probation violation cases that required administrative action.

Stone, Mark Anthony 14CRS051722
Represented by Cassady, Rich

The defendant failed to appear when called. An order for arrest was issued by the court and a cash bond of $70,000 was set. (The defendant appeared later in the session and the order for arrest was canceled).

Rousselle, Jeffrey Todd 14CRS050525 Indecent Liberties with a Child
Represented by Beyer, Nikki

The Defense motioned for the defendant to be allowed to purchase a flip type phone so his employer could tell him where to go during his job. The conditions of his probation denies him the use of a cellphone capable of browsing the internet, sending photos or text messages as the crime he was convicted of was committed with this type of device. After a lengthy discussion on the particulars, the Defense withdrew the motion.

Ellenburg, Julius Phillip 13CRS051053 & 13CRS051054 Indecent Liberties with a Child
Represented by Cassady, Rich

A trial date of 12-14-2015 was set.

Cabe, Aaron Paul 14CRS051100, 14CRS 051101 and 15CRS 000205
(various drug and gun charges)
Represented by Cassady, Rich

The case was continued to 11-16-2015.

Browning, Erica Annette 14CRS000076 to 14 CRS000078 Embezzlement
Represented by Foster, Mark

This case was dismissed by the Prosection.

Garrison, Phylis Rena 14CRS000234, 14CRS000235, 14CRS050367, 14CRS050418, 14CRS050419 and 15CRS050003 (Charges include B&E, Larceny, possession of Stolen Goods and various drug charges that include Methamphetamine Possession)
The defendant waived the right to have an attorney.

The Defendant entered a Plea of Guilty and after some consultation with the Prosecution and defense over restitution, including a trip to the Judges Chambers, the case was continued to 11-16-2015 to determine the amount of restitution.

Starkweather, Mark 11CRS000699 Probation Violation (Original case was Indecent Liberties with a Child)
Represented by Cassady, Rich

The Defendant was sentenced to a 90 day CRV for a nonrevocable offense and will return to probation upon release.

Scott, Michael 15CRS050517 Burning Certain Buildings
Represented by Lepre, Stephanie

Continued to 11-16-2015.

Sutton, Joshua Lee 14CRS050521, 14CRS050522 and 15CRS000024 (charges include possession of various drugs, marijuana, Cocaine and Methamphetamine and gun charges)
Represented by Lepre, Stephanie

Trail date set for 12-14-2015.

The court recessed until 2:00 pm.

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August 2015 Meeting Macon County Board of Education

The Macon County Board of Education held their regular August 2015 meeting at the central offices located at 1202 Old Murphy Road on August 17th.


The video above covers the meeting until the board went into closed session to discuss matters relating school safety under North Carolina General Statute § 143-318.11(7). Upon declaring that no further business would be discussed during open session, members of the media did not wait for the board to conclude its business in closed session and come back into open session to adjourn.

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Merritt Founts Named Honorary Historian of Macon County

Pictured (L-R) are Macon County Commissioner Gary Shields, Margaret Ramsey, Barbara McRae, Merritt Fouts and Macon County Commissioner Ronnie Beale. Ramsey was recognized an an honorary historian in 2011, Barbara McRae in 2010 and Merritt Fouts in 2015.






Merritt Fouts was recognized Saturday at the Macon County Heritage Center (located at Cowee School) as a Honorary Historian of Macon County in appreciation for his efforts to preserve the heritage and history of Macon County.

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Parker Meadows Grand Opening Set for August 25th

Here is a copy of the press release from Macon County regarding the grand opening of the Parker Meadows Recreation Facility on August 25, 2015:

Parker Meadows Press Release

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Macon County Commissioners Regular August 2015 Meeting

**Update** Here is the full video of the meeting:



MEDIA ROLL CALL (media outlets with reporters at the meeting)

Macon Media (me)
WFSC-AM/WNCC-FM
Macon County News and Shopping Guide
The Franklin Press

During the public comment section, Dr Gordon Mercer spoke about his church on Jim Mann Road, which is being used as a homeless shelter. He handed out copies of an article posted on the WECT-TV website. 

Karen Wallace, Director of the Fontana Regional Library System, spoke about the library's need for technology funding. She noted the computers at the library are outdated and still running on Windows XP, which Microsoft stopped supporting a year and a half ago. She shared a handout that included an infographic entitled "Technology Used at All Macon County Libraries." A photo of the handout is posted below. Click on the image to full at a larger size.

During the course of the meeting, Commissioners voted 4-0 to recognize Merritt Fouts as an Honorary Historian of Macon County. The honor will be presented to him during an event at Cowee School this weekend. A copy of the resolution is posted below. Click on the image to full at a larger size.

CROWD FUNDING

If you're of a mind, and can afford it, a dollar a month (or more) from enough people will make a huge difference in improving the quality of coverage of local meetings and events, as well as allowing remote weather stations and weather cams to be deployed throughout the county that you will be able to access online.

So far, 13 people have pledged $75 a month, and 8 of them are following through with $40 a month. This is a tremendous help. Please visit www.patreon.com/MaconMedia for more information on how to contribute.

Businesses can underwrite this coverage by day sponsorships, surplus equipment donations, etc. Inquire at editor@maconmedia.com for more information.

The Macon County Commissioners will be having their regular August 2015 meeting at 6:00 pm on Tuesday, August 11th. The public agenda and the press packet are posted below. After the meeting, the video will be posted at the top of this page, plus any additional documents that may be provided to the press during the meeting. If you are interested, you may see the July 2015 meeting posted immediately below.

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MACON COUNTY BOARD OF COMMISSIONERS
AUGUST 11, 2015
AGENDA

• Call to order and welcome by Vice-Chairman Tate
  
• Announcements
  • NCACC Update Video
• Moment of Silence
  
• Pledge of Allegiance
  
• Public Hearing(s) - None
  
• Public Comment Period
  
• Adjustments to and approval of the agenda
  
• Reports/Presentations
  
• Old Business
  
• New Business
  • Resolution Designating Merritt Fouts as an Honorary Historian of Macon County
  • Approval of cancellation of note and deed of trust on rehabilitation loan for Gelfund - County Attorney
• Consent Agenda - Attachment #11
  All items below are considered routine and will be enacted by one motion. No separate discussion will be held except on request of a member of the Board of Commissioners.
  • Minutes of the June 25, 2015 continued session, July 14, 2015 regular meeting and the July 23, 2015 continued session
  • Budget Amendments #15-#18
  • Tax Releases (None)
  • 2014 Tax Settlement Report
  • Public Health Fee Changes
  • Monthly ad valorem tax collection report (No report this month)
• Appointments:
  • Economic Development Commission (3 seats)
• Closed session (if necessary)
  
• Adjourn/RecessAdjourn
Press Packet for August 2015 Macon Commissioners

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Refuse and Recycling Workers/Vehicles added to NC Move Over Law

Starting October 1st, workers collecting refuse and materials for recycling will be added to to the state's move over law that requires drivers to move over one lane away (when it is safe to do so) from police, emergency, public service, highway maintenance or utility vehicle that is parked within 12 feet of the highway and is flashing warning lights.

Failing to slow down or move over could result in a citation that comes with a mandatory fine of $250 (plus court costs and a possible increase in insurance points). Damage or injuries resulting from a failure to move over brings a fine of $500. If significant damage is caused to the area of the emergency vehicle — or if emergency personnel or utility crew members are injured — the person is charged with a Class 1 misdemeanor. Serious injury or death caused by violating this statute can be punished by a Class I felony, along with a six-month license suspension.

The updated “Move Over” Law passed unanimously in both the House and Senate and was signed by Governor Pat McCrory on May 21. It becomes effective October 1, 2015.

Source: NC Representative Roger West 

Read the law on the NC General Assembly website 

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It Can Wait

PRESS RELEASE 
AT&T

When you see the driver next to you looking at their phone, it’s no longer safe to assume they’re texting. New research from AT&T* shows nearly 4-in-10 smartphone users tap into social media while driving. Almost 3-in-10 surf the net. And surprisingly, 1-in-10 video chat.

7-in-10 people engage in smartphone activities while driving. Texting and emailing are still the most prevalent. But other smartphone activity use behind the wheel is now common. Among social platforms, Facebook tops the list, with more than a quarter of those polled using the app while driving. About 1-in-7 said they’re on Twitter behind the wheel.

AT&T will expand the It Can Wait® campaign from a focus on texting while driving to include other smartphone driving distractions that have emerged as our relationships with our devices have changed.

“When we launched It Can Wait five years ago, we pleaded with people to realize that no text is worth a life,” said Lori Lee, AT&T’s global marketing officer. “The same applies to other smartphone activities that people are doing while driving. For the sake of you and those around you, please keep your eyes on the road, not on your phone.”

Smartphone activities people say they do while driving include:

Text (61%)
Email (33%)
Surf the net (28%)
Facebook (27%)
Snap a selfie/photo (17%)
Twitter (14%)
Instagram (14%)
Shoot a video (12%)
Snapchat (11%)
Video chat (10%)

Other unsettling findings include:

62% keep their smartphones within easy reach while driving.
30% of people who post to Twitter while driving do it “all the time.”
22% who access social networks while driving cite addiction as a reason.
Of those who shoot videos behind the wheel, 27% think they can do it safely while driving.


Since its launch in 2010, the It Can Wait campaign has:

·Helped drive awareness of the dangers of texting while driving to about 90% for all audiences surveyed.
·Inspired more than 6.5 million pledges not to text and drive.
·Worked with departments of transportation in Texas, Kentucky and other states on research that suggests a correlation between It Can Wait campaign activities and a reduction in crashes.

Visit www.ItCanWait.com to learn more.

*AT&T products and services are provided or offered by subsidiaries and affiliates of AT&T Inc. under the AT&T brand and not by AT&T Inc.

About AT&T

AT&T Inc. (NYSE:T) helps millions of people and businesses around the globe stay connected through leading wireless, high-speed Internet, voice and cloud-based services. We’re helping people mobilize their worlds with state-of-the-art communications, entertainment services and amazing innovations like connected cars and devices for homes, offices and points in between. Our U.S. wireless network offers customers the nation’s strongest LTE signal and the nation’s most reliable 4G LTE network. We offer the best global wireless coverage. We’re improving how our customers stay entertained and informed with AT&T U-verse® TV and High Speed Internet services. And businesses worldwide are serving their customers better with AT&T’s mobility and highly secure cloud solutions.

Additional information about AT&T products and services is available at http://about.att.com. Follow our news on Twitter at @ATT, on Facebook at http://www.facebook.com/att and YouTube at http://www.youtube.com/att.

© 2015 AT&T Intellectual Property. All rights reserved. AT&T, the Globe logo and other marks are trademarks and service marks of AT&T Intellectual Property and/or AT&T affiliated companies. All other marks contained herein are the property of their respective owners.

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