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Top stories of 2012
by James Howell and Dylan Lightfoot
Staff Writers
Band teacher Ryan Claar plead no contest to charges of inappropriate conduct with a student, was sentenced to 90 months unsupervised probation, and left the state.
Band teacher Ryan Claar plead no contest to charges of inappropriate conduct with a student, was sentenced to 90 months unsupervised probation, and left the state.
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Keith Franklin Simmons of West Jefferson was sentenced to 50 years in prison in connection with a Ponzi scheme he ran from 2007-2009, bilking investors out of $40 million.
Keith Franklin Simmons of West Jefferson was sentenced to 50 years in prison in connection with a Ponzi scheme he ran from 2007-2009, bilking investors out of $40 million.
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Editor’s note: Our review of the top stories of 2012 is presented in two parts. Part II will run in our first editon of the New Year on Jan. 1, 2013. The Jefferson Post wishes you a safe and happy New Year.

A small-town newspaper with a community focus faces a special challenge with the inevitable slow news cycle: having little to report in a place where news travels fast. Fortunately, Ashe County is a community which knows how to keep things interesting.

This year, we’ve seen crimes and misdemeanors as well as great outpourings of charity. Layoffs and bouncing jobless figures reminded us the local economy is still taking a knee, even as local officials have admirably protected our public schools from the ravages of slashing budget cuts.

Until this time next year, to quote from Phillipians: “…whatsoever things are of good report, if there be any virtue, and if there be any praise, think on these things.”

January

Mitchell named County Manager

The Ashe County Board of Commissioners appointed Dr. Pat Mitchell as the new Ashe County Manager in an executive session on Jan. 3 by a vote of 4-1.

A former faculty member at East Carolina University’s political science department, Mitchell had served as the county’s director of economic development since 2004, and held the post of interim county manager following the resignation of County Manager Dan McMillan in July, 2011.

Casting the dissenting vote, Commissioner Gerald Price said Mitchell, who would continue to give direction in economic development, might be “wearing too many hats” in her dual role.

A press release issued by Mitchell at the time read her previous position would “not be immediately filled.” Corey Osborne, an Appalachian State graduate intern working with the county, was named assistant director of economic development earlier this month.

February

Concealed carry laws regulated

After two months of debate, a motion to restrict carrying of concealed weapons in Ashe County parks and recreation facilities was approved by the county commissioners 3-2 in a split decision.

Need for a new ordinance was contended after the N.C. General Assembly passed HB 650 last year, which relaxed state gun laws, allowing permit holders to carry concealed weapons in state parks.

While the law contained provisions allowing N.C. counties and municipalities to regulate concealed weapons in certain recreational areas, Ashe County Attorney John Kilby said the bill also superseded county concealed carry ordinances, forcing county commissioners to pass new legislation.

In what Commissioner Judy Poe called “a tough decision,” concealed weapons were restricted at county recreation facilities including Beaver Creek Industrial Park practice fields, Family Central’s gym and ball fields, as well as during organized events at Ashe County Park.

March

High school band director indicted

Ashe County High School Band Director Ryan Claar was indicted by an Ashe Superior Court grand jury on three felony counts of taking indecent liberties with a student on Mar. 12.

Sheriff James Williams reported his office had conducted a month-long investigation of allegations of inappropriate contact between Claar — 30 at the time — and a 17-year-old student before presenting evidence to the grand jury.

Claar, who had been employed as band director for a year and a half, was suspended without pay by the Board of Education on Feb. 6 when the investigation began. Ashe County Sheriff’s Office Captain Carolyn Gentry said the alleged relationship began when “the victim wanted to be a drum major.”

On Jul. 9, Claar pleaded no contest to the charges in Ashe County Superior Court, was sentenced to 90 months unsupervised probation, avoiding any mandatory jail time. He no longer resides in North Carolina.

April

Three stabbings in three days

Ashe County saw a rash of stabbings in mid-April, with two incidents over three days, totalling three victims.

A double-stabbing in Fleetwood on the night of Apr. 17 left Brian Smith, 48, wounded, and James Carroll, 52, dead. According to the Ashe County Sheriff’s Office, the incident resulted from an altercation between Brian and Carroll, who was his landlord.

Smith was rushed to Watauga Medical Center, and treated for non-life threatening injuries.

Two days later James Ray Stanley, 33, of Lansing allegedly stabbed Joseph Dean Wilcox, 45, of Lansing on Little Windfall Road. The ACSO believed alcohol to be a factor.

Wilcox was airlifted to Wake Forest Baptist Medical Center in serious condition, but was upgraded to good condition the next day.

Stanley fled the scene, but later turned himself in, and was released on a $10,000 secured bond.

Updates on these cases were not available from the sheriff’s office by press time.

May

West Jefferson con-man convicted

Keith Franklin Simmons, 47, of West Jefferson, was sentenced to 50 years in prison on May 23 in connection with a $40 million Ponzi scheme he ran between 2007 and 2009, according to a press release by U.S. Attorney Anne M. Tompkins of N.C.’s western district.

U.S. District Judge Robert J. Conrad, Jr, also ordered Simmons to serve three years under court supervision following his prison term, and to pay more than $35 million in restitution.

Chris Briese of the FBI’s Charlotte District said Simmons preyed on the elderly and the vulnerable, “swindling his victims out of millions of dollars.”

June

BOE seeks extra funding

On Jun. 5, Ashe County Schools requested $540,000 in extra-budgetary funds from the county to offset a loss of $2.2 million in state and federal funding.

For fiscal year 2013, state lawmakers are requiring N.C. local school systems give back more than $500 million in allocated funding — up $74 million from 2012. Ashe County School’s share of this discretionary reversion is $1.1 million, according to ACS Assistant Superintendent Phyllis Yates.

In addition to state budget cuts, another $1.1 million in American Recovery and Reinvestment Act and Edujobs money have been exhausted.

The Board of Commissioners increased education spending 4.05 percent for the coming year, but denied the request.

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Fixing the bridge on Railroad Grade
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<p>File photo | Jefferson Post</p><p>Ashe County Commissioner Gerald Price</p>

File photo | Jefferson Post

Ashe County Commissioner Gerald Price

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<p>File photo | Jefferson Post</p><p>Ashe County Commissioner Gerald Price</p>

File photo | Jefferson Post

Ashe County Commissioner Gerald Price

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Sheriff, deputies file for extension in civil rights suit
by Dylan Lightfoot
Staff Writer
dlightfoot@civitasmedia.com
Jun 18, 2013 | 4443 views | 0 0 comments | 22 22 recommendations | email to a friend | print

Ashe County Sheriff James Williams and two deputies were granted an extension last week in responding to a $7.5 million federal suit filed against them by Ashe County Commissioner Gerald Price.

Charlotte Attorney Christopher Raab representing Williams and the deputies said today that a motion for an extension had been filed for and approved June 10.

Defendants Williams, Sheriff’s Sgt. Jerry D. Lewis and Sheriff’s Deputy Randy M. Lewis have until July 19, to respond to charges of violating Price’s civil rights, said Raab.

“We will have a response ready in about two weeks,” he said.

Enforcing a court order from Watauga County, Williams ordered the deputies to take possession of Price’s 2007 Toyota Oct. 26, 2012.

Price claimed in his May 30, complaint that the Toyota was taken without a valid warrant and without territorial jurisdiction in violation of his 4th, 5th and 14th amendment rights.

The suit also named as defendants Watauga County Clerk of Court Diane C. Deal, and five Watauga-based attorneys who were involved in an Oct. 16, 2012, arbitration hearing in which Price’s Toyota was awarded to the plaintiff, Citifinancial Auto, who held the loan on the car.

Deal said today she is being represented by the N.C. Attorney General’s Office. Spokesperson for the Attorney General Noelle Talley said no response to the charges had been filed, but that Deal’s counsel planned to meet the Friday filing deadline.

Price alleges in his May 30, complaint that the awarding of the car was in error, as the judgment against him was overturned on Oct. 15, 2012, by a Watauga County District Court judge 11 days before the car was repossessed.

An order from Chief District Court Judge Alexander Lyerly to set aside the arbitration award pending trial was issued Nov. 14, 2012, according to documents filed in the arbitration.

Also filed with the arbitration documents is a copy of a third-party check for $13,817.46, which Price allegedly gave to discharge the auto loan in June 2012.

According to a transcript of the arbitration hearing, Citifinancial’s attorney said that the check was returned “unable to locate account.”

Price, who is representing himself in the case, said June 19, that all eight defendants in the suit had been served and had three weeks to respond.

An attempt to contact Price was unsuccessful.

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<p>File photo | Jefferson Post</p><p>Ashe County Commissioner Gerald Price</p>

File photo | Jefferson Post

Ashe County Commissioner Gerald Price

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<p>File photo | Jefferson Post</p><p>Ashe County Commissioner Gerald Price</p>

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Ashe County Commissioner Gerald Price

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<p>File photo | Jefferson Post</p><p>Ashe County Commissioner Gerald Price</p>

File photo | Jefferson Post

Ashe County Commissioner Gerald Price

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Sheriff, deputies file for extension in civil rights suit
by Dylan Lightfoot
Staff Writer
dlightfoot@civitasmedia.com
Jun 18, 2013 | 4443 views | 0 0 comments | 22 22 recommendations | email to a friend | print

Ashe County Sheriff James Williams and two deputies were granted an extension last week in responding to a $7.5 million federal suit filed against them by Ashe County Commissioner Gerald Price.

Charlotte Attorney Christopher Raab representing Williams and the deputies said today that a motion for an extension had been filed for and approved June 10.

Defendants Williams, Sheriff’s Sgt. Jerry D. Lewis and Sheriff’s Deputy Randy M. Lewis have until July 19, to respond to charges of violating Price’s civil rights, said Raab.

“We will have a response ready in about two weeks,” he said.

Enforcing a court order from Watauga County, Williams ordered the deputies to take possession of Price’s 2007 Toyota Oct. 26, 2012.

Price claimed in his May 30, complaint that the Toyota was taken without a valid warrant and without territorial jurisdiction in violation of his 4th, 5th and 14th amendment rights.

The suit also named as defendants Watauga County Clerk of Court Diane C. Deal, and five Watauga-based attorneys who were involved in an Oct. 16, 2012, arbitration hearing in which Price’s Toyota was awarded to the plaintiff, Citifinancial Auto, who held the loan on the car.

Deal said today she is being represented by the N.C. Attorney General’s Office. Spokesperson for the Attorney General Noelle Talley said no response to the charges had been filed, but that Deal’s counsel planned to meet the Friday filing deadline.

Price alleges in his May 30, complaint that the awarding of the car was in error, as the judgment against him was overturned on Oct. 15, 2012, by a Watauga County District Court judge 11 days before the car was repossessed.

An order from Chief District Court Judge Alexander Lyerly to set aside the arbitration award pending trial was issued Nov. 14, 2012, according to documents filed in the arbitration.

Also filed with the arbitration documents is a copy of a third-party check for $13,817.46, which Price allegedly gave to discharge the auto loan in June 2012.

According to a transcript of the arbitration hearing, Citifinancial’s attorney said that the check was returned “unable to locate account.”

Price, who is representing himself in the case, said June 19, that all eight defendants in the suit had been served and had three weeks to respond.

An attempt to contact Price was unsuccessful.

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<p>File photo | Jefferson Post</p><p>Ashe County Commissioner Gerald Price</p>

File photo | Jefferson Post

Ashe County Commissioner Gerald Price

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<p>File photo | Jefferson Post</p><p>Ashe County Commissioner Gerald Price</p>

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Ashe County Commissioner Gerald Price

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<p>File photo | Jefferson Post</p><p>Ashe County Commissioner Gerald Price</p>

File photo | Jefferson Post

Ashe County Commissioner Gerald Price

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Sheriff, deputies file for extension in civil rights suit
by Dylan Lightfoot
Staff Writer
dlightfoot@civitasmedia.com
Jun 18, 2013 | 4443 views | 0 0 comments | 22 22 recommendations | email to a friend | print

Ashe County Sheriff James Williams and two deputies were granted an extension last week in responding to a $7.5 million federal suit filed against them by Ashe County Commissioner Gerald Price.

Charlotte Attorney Christopher Raab representing Williams and the deputies said today that a motion for an extension had been filed for and approved June 10.

Defendants Williams, Sheriff’s Sgt. Jerry D. Lewis and Sheriff’s Deputy Randy M. Lewis have until July 19, to respond to charges of violating Price’s civil rights, said Raab.

“We will have a response ready in about two weeks,” he said.

Enforcing a court order from Watauga County, Williams ordered the deputies to take possession of Price’s 2007 Toyota Oct. 26, 2012.

Price claimed in his May 30, complaint that the Toyota was taken without a valid warrant and without territorial jurisdiction in violation of his 4th, 5th and 14th amendment rights.

The suit also named as defendants Watauga County Clerk of Court Diane C. Deal, and five Watauga-based attorneys who were involved in an Oct. 16, 2012, arbitration hearing in which Price’s Toyota was awarded to the plaintiff, Citifinancial Auto, who held the loan on the car.

Deal said today she is being represented by the N.C. Attorney General’s Office. Spokesperson for the Attorney General Noelle Talley said no response to the charges had been filed, but that Deal’s counsel planned to meet the Friday filing deadline.

Price alleges in his May 30, complaint that the awarding of the car was in error, as the judgment against him was overturned on Oct. 15, 2012, by a Watauga County District Court judge 11 days before the car was repossessed.

An order from Chief District Court Judge Alexander Lyerly to set aside the arbitration award pending trial was issued Nov. 14, 2012, according to documents filed in the arbitration.

Also filed with the arbitration documents is a copy of a third-party check for $13,817.46, which Price allegedly gave to discharge the auto loan in June 2012.

According to a transcript of the arbitration hearing, Citifinancial’s attorney said that the check was returned “unable to locate account.”

Price, who is representing himself in the case, said June 19, that all eight defendants in the suit had been served and had three weeks to respond.

An attempt to contact Price was unsuccessful.

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<p>File photo | Jefferson Post</p><p>Ashe County Commissioner Gerald Price</p>

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Ashe County Commissioner Gerald Price

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<p>File photo | Jefferson Post</p><p>Ashe County Commissioner Gerald Price</p>

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<p>File photo | Jefferson Post</p><p>Ashe County Commissioner Gerald Price</p>

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Ashe County Commissioner Gerald Price

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Sheriff, deputies file for extension in civil rights suit
by Dylan Lightfoot
Staff Writer
dlightfoot@civitasmedia.com
Jun 18, 2013 | 4443 views | 0 0 comments | 22 22 recommendations | email to a friend | print

Ashe County Sheriff James Williams and two deputies were granted an extension last week in responding to a $7.5 million federal suit filed against them by Ashe County Commissioner Gerald Price.

Charlotte Attorney Christopher Raab representing Williams and the deputies said today that a motion for an extension had been filed for and approved June 10.

Defendants Williams, Sheriff’s Sgt. Jerry D. Lewis and Sheriff’s Deputy Randy M. Lewis have until July 19, to respond to charges of violating Price’s civil rights, said Raab.

“We will have a response ready in about two weeks,” he said.

Enforcing a court order from Watauga County, Williams ordered the deputies to take possession of Price’s 2007 Toyota Oct. 26, 2012.

Price claimed in his May 30, complaint that the Toyota was taken without a valid warrant and without territorial jurisdiction in violation of his 4th, 5th and 14th amendment rights.

The suit also named as defendants Watauga County Clerk of Court Diane C. Deal, and five Watauga-based attorneys who were involved in an Oct. 16, 2012, arbitration hearing in which Price’s Toyota was awarded to the plaintiff, Citifinancial Auto, who held the loan on the car.

Deal said today she is being represented by the N.C. Attorney General’s Office. Spokesperson for the Attorney General Noelle Talley said no response to the charges had been filed, but that Deal’s counsel planned to meet the Friday filing deadline.

Price alleges in his May 30, complaint that the awarding of the car was in error, as the judgment against him was overturned on Oct. 15, 2012, by a Watauga County District Court judge 11 days before the car was repossessed.

An order from Chief District Court Judge Alexander Lyerly to set aside the arbitration award pending trial was issued Nov. 14, 2012, according to documents filed in the arbitration.

Also filed with the arbitration documents is a copy of a third-party check for $13,817.46, which Price allegedly gave to discharge the auto loan in June 2012.

According to a transcript of the arbitration hearing, Citifinancial’s attorney said that the check was returned “unable to locate account.”

Price, who is representing himself in the case, said June 19, that all eight defendants in the suit had been served and had three weeks to respond.

An attempt to contact Price was unsuccessful.

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<p>File photo | Jefferson Post</p><p>Ashe County Commissioner Gerald Price</p>

File photo | Jefferson Post

Ashe County Commissioner Gerald Price

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<p>File photo | Jefferson Post</p><p>Ashe County Commissioner Gerald Price</p>

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Ashe County Commissioner Gerald Price

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Sheriff, deputies file for extension in civil rights suit
by Dylan Lightfoot
Staff Writer
dlightfoot@civitasmedia.com
Jun 18, 2013 | 4443 views | 0 0 comments | 22 22 recommendations | email to a friend | print

Ashe County Sheriff James Williams and two deputies were granted an extension last week in responding to a $7.5 million federal suit filed against them by Ashe County Commissioner Gerald Price.

Charlotte Attorney Christopher Raab representing Williams and the deputies said today that a motion for an extension had been filed for and approved June 10.

Defendants Williams, Sheriff’s Sgt. Jerry D. Lewis and Sheriff’s Deputy Randy M. Lewis have until July 19, to respond to charges of violating Price’s civil rights, said Raab.

“We will have a response ready in about two weeks,” he said.

Enforcing a court order from Watauga County, Williams ordered the deputies to take possession of Price’s 2007 Toyota Oct. 26, 2012.

Price claimed in his May 30, complaint that the Toyota was taken without a valid warrant and without territorial jurisdiction in violation of his 4th, 5th and 14th amendment rights.

The suit also named as defendants Watauga County Clerk of Court Diane C. Deal, and five Watauga-based attorneys who were involved in an Oct. 16, 2012, arbitration hearing in which Price’s Toyota was awarded to the plaintiff, Citifinancial Auto, who held the loan on the car.

Deal said today she is being represented by the N.C. Attorney General’s Office. Spokesperson for the Attorney General Noelle Talley said no response to the charges had been filed, but that Deal’s counsel planned to meet the Friday filing deadline.

Price alleges in his May 30, complaint that the awarding of the car was in error, as the judgment against him was overturned on Oct. 15, 2012, by a Watauga County District Court judge 11 days before the car was repossessed.

An order from Chief District Court Judge Alexander Lyerly to set aside the arbitration award pending trial was issued Nov. 14, 2012, according to documents filed in the arbitration.

Also filed with the arbitration documents is a copy of a third-party check for $13,817.46, which Price allegedly gave to discharge the auto loan in June 2012.

According to a transcript of the arbitration hearing, Citifinancial’s attorney said that the check was returned “unable to locate account.”

Price, who is representing himself in the case, said June 19, that all eight defendants in the suit had been served and had three weeks to respond.

An attempt to contact Price was unsuccessful.

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<p>File photo | Jefferson Post</p><p>Ashe County Commissioner Gerald Price</p>

File photo | Jefferson Post

Ashe County Commissioner Gerald Price

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<p>File photo | Jefferson Post</p><p>Ashe County Commissioner Gerald Price</p>

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Ashe County Commissioner Gerald Price

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<p>File photo | Jefferson Post</p><p>Ashe County Commissioner Gerald Price</p>

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Ashe County Commissioner Gerald Price

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Sheriff, deputies file for extension in civil rights suit
by Dylan Lightfoot
Staff Writer
dlightfoot@civitasmedia.com
Jun 18, 2013 | 4443 views | 0 0 comments | 22 22 recommendations | email to a friend | print

Ashe County Sheriff James Williams and two deputies were granted an extension last week in responding to a $7.5 million federal suit filed against them by Ashe County Commissioner Gerald Price.

Charlotte Attorney Christopher Raab representing Williams and the deputies said today that a motion for an extension had been filed for and approved June 10.

Defendants Williams, Sheriff’s Sgt. Jerry D. Lewis and Sheriff’s Deputy Randy M. Lewis have until July 19, to respond to charges of violating Price’s civil rights, said Raab.

“We will have a response ready in about two weeks,” he said.

Enforcing a court order from Watauga County, Williams ordered the deputies to take possession of Price’s 2007 Toyota Oct. 26, 2012.

Price claimed in his May 30, complaint that the Toyota was taken without a valid warrant and without territorial jurisdiction in violation of his 4th, 5th and 14th amendment rights.

The suit also named as defendants Watauga County Clerk of Court Diane C. Deal, and five Watauga-based attorneys who were involved in an Oct. 16, 2012, arbitration hearing in which Price’s Toyota was awarded to the plaintiff, Citifinancial Auto, who held the loan on the car.

Deal said today she is being represented by the N.C. Attorney General’s Office. Spokesperson for the Attorney General Noelle Talley said no response to the charges had been filed, but that Deal’s counsel planned to meet the Friday filing deadline.

Price alleges in his May 30, complaint that the awarding of the car was in error, as the judgment against him was overturned on Oct. 15, 2012, by a Watauga County District Court judge 11 days before the car was repossessed.

An order from Chief District Court Judge Alexander Lyerly to set aside the arbitration award pending trial was issued Nov. 14, 2012, according to documents filed in the arbitration.

Also filed with the arbitration documents is a copy of a third-party check for $13,817.46, which Price allegedly gave to discharge the auto loan in June 2012.

According to a transcript of the arbitration hearing, Citifinancial’s attorney said that the check was returned “unable to locate account.”

Price, who is representing himself in the case, said June 19, that all eight defendants in the suit had been served and had three weeks to respond.

An attempt to contact Price was unsuccessful.

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Comments-icon Post a Comment
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<p>File photo | Jefferson Post</p><p>Ashe County Commissioner Gerald Price</p>

File photo | Jefferson Post

Ashe County Commissioner Gerald Price

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<p>File photo | Jefferson Post</p><p>Ashe County Commissioner Gerald Price</p>

File photo | Jefferson Post

Ashe County Commissioner Gerald Price

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<p>File photo | Jefferson Post</p><p>Ashe County Commissioner Gerald Price</p>

File photo | Jefferson Post

Ashe County Commissioner Gerald Price

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Sheriff, deputies file for extension in civil rights suit
by Dylan Lightfoot
Staff Writer
dlightfoot@civitasmedia.com
Jun 18, 2013 | 4443 views | 0 0 comments | 22 22 recommendations | email to a friend | print

Ashe County Sheriff James Williams and two deputies were granted an extension last week in responding to a $7.5 million federal suit filed against them by Ashe County Commissioner Gerald Price.

Charlotte Attorney Christopher Raab representing Williams and the deputies said today that a motion for an extension had been filed for and approved June 10.

Defendants Williams, Sheriff’s Sgt. Jerry D. Lewis and Sheriff’s Deputy Randy M. Lewis have until July 19, to respond to charges of violating Price’s civil rights, said Raab.

“We will have a response ready in about two weeks,” he said.

Enforcing a court order from Watauga County, Williams ordered the deputies to take possession of Price’s 2007 Toyota Oct. 26, 2012.

Price claimed in his May 30, complaint that the Toyota was taken without a valid warrant and without territorial jurisdiction in violation of his 4th, 5th and 14th amendment rights.

The suit also named as defendants Watauga County Clerk of Court Diane C. Deal, and five Watauga-based attorneys who were involved in an Oct. 16, 2012, arbitration hearing in which Price’s Toyota was awarded to the plaintiff, Citifinancial Auto, who held the loan on the car.

Deal said today she is being represented by the N.C. Attorney General’s Office. Spokesperson for the Attorney General Noelle Talley said no response to the charges had been filed, but that Deal’s counsel planned to meet the Friday filing deadline.

Price alleges in his May 30, complaint that the awarding of the car was in error, as the judgment against him was overturned on Oct. 15, 2012, by a Watauga County District Court judge 11 days before the car was repossessed.

An order from Chief District Court Judge Alexander Lyerly to set aside the arbitration award pending trial was issued Nov. 14, 2012, according to documents filed in the arbitration.

Also filed with the arbitration documents is a copy of a third-party check for $13,817.46, which Price allegedly gave to discharge the auto loan in June 2012.

According to a transcript of the arbitration hearing, Citifinancial’s attorney said that the check was returned “unable to locate account.”

Price, who is representing himself in the case, said June 19, that all eight defendants in the suit had been served and had three weeks to respond.

An attempt to contact Price was unsuccessful.

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No Comments Yet
<p>File photo | Jefferson Post</p><p>Ashe County Commissioner Gerald Price</p>

File photo | Jefferson Post

Ashe County Commissioner Gerald Price

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