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Town Talk 09/09/20: 79+ Acre Landfill Proposed in Kittrell; Public Hearing Sept. 10

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The Vance County Board of Adjustment will hold a public hearing on Thursday, September 10, 2020, in regards to a request by K&K Organics, LLC for a Land Clearing and Inert Debris Landfill (LCID) in Kittrell. The proposed landfill location includes 79+ acres at the intersection of US Hwy 1 and Egypt Mountain Road.

The meeting, a continuation from August 13, will be held at 4 p.m. in the Board of Commissioner’s Meeting Room of the Vance County Administration Building, 122 Young Street, Henderson. Proceedings will include comments from planning staff, the applicant, witnesses and opponents.

Vance County Manager Jordan McMillen said LCIDs generally accept concrete, non-painted brick, block, uncontaminated soil, gravel, rock, land clearing waste and vegetative materials. Items not accepted include construction debris, solid waste or trash. LCIDs are governed by state regulations and require a zoning permit or a conditional use permit to operate in Vance County.

Jillian Howell, master of environmental management and Pamlico-Tar Riverkeeper with Sound Rivers, Inc., was on WIZS’ Town Talk Wednesday to discuss her involvement in the case.

Sound Rivers, Inc. is an environmental non-profit agency dedicated to protecting, monitoring and preserving the Tar, Pamlico and Neuse River basins. Howell explained that her focus is addressing any source of pollution that could negatively impact water quality in the Tar and Pamlico, as well as the smaller creeks and streams that feed into those rivers.

“I received a call in early August from adjacent landowners [to the proposed landfill]. They had received letters in the mail about a Board of Adjustment hearing concerning a proposed landfill next to them,” said Howell. “While there are only a handful of property owners adjacent to the proposed landfill, there are more residents close by on Egypt Mountain Road. The requirements are they only have to notify the adjacent landowners of these proceedings.”

Howell said residents in the nearby vicinity have expressed concerns related to increased traffic, decreased property values and potential negative impacts on water quality.

“My biggest concern is there is a proposed landfill on the same property where a stream runs: Long Creek. It has associated wetlands and flood plains and runs north to south through the proposed landfill site,” explained Howell.

While not considered as dangerous to the environment or public health as a hazardous waste or municipal solid waste landfill, LCIDs can present an issue with erosion and sediment runoff, according to Howell. In this case, Howell said she is concerned runoff from land cleared to create the landfill and from land debris brought to the landfill would negatively affect Long Creek and the adjoining Tabbs Creek.

Attorney Tom Terrell, legal representative for K&K Organics, LLC, also joined the Town Talk discussion. Involved in more than 40 landfill cases in his career, Terrell said he is well aware of the stigma of the facilities.

“The word ‘landfill’ evokes a very quick emotional response from people. They immediately think of old-style landfills – pre-regulated landfills that were mountains of soup cans, dirty diapers and pizza boxes. They don’t exist anymore; they haven’t existed for 40 years,” said Terrell.

Looking at the proposed area, Terrell said the landfill would fit in with its surroundings. “If you look on the aerial, within a stone’s throw of this facility is a rock quarry, and a transmission line goes through the site. It’s adjacent to US-1 and literally abuts a junkyard. This is a sparsely populated area, and it’s an ideal location being right there on the highway.”

Although 79+ acres are indicated on the permit, Terrell said the maximum area of disposal would be closer to 40 acres. “Once you start going through permitting, that only shrinks; it does not grow. In fact, it cannot grow because we define the outer limits in the conditional use application. It would probably be shrunk down to one-third of the site, and then it would be filled in over decades, not over a period of months.”

Addressing environmental and public health concerns, Terrell said the State of NC heavily regulates all such facilities to include extensive environmental review, erosion and sediment control plans and required buffers.

“If you want to grow [as a community], you have to have a place to put land clearing and inert debris,” said Terrell. “You do it responsibly and in a place that makes sense. Everybody wants you to find a place that is two miles from anyone’s residence. The fact is, those places don’t exist. So, you have to find the best place you can, and K&K Organics, Inc. has found one of the best I’ve ever seen.”

To hear the interview in its entirety, go to WIZS.com and click on Town Talk.

Mike Waters

Use of Deadly Force in Death of David Brooks, Jr. Deemed Lawful

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-Press Release, Office of District Attorney Michael D. Waters

Investigative Summary and Concluding Memorandum in Use of Deadly Force Against David Brooks, Jr. 

On the morning of July 24, 2020, Roxboro Police Chief David Hess notified the District Attorney‘s Office an officer with the Roxboro Police Department had discharged his weapon after answering a call for service. David Brooks, Jr., 45 years of age, was killed as the result of a single gunshot wound.

Roxboro Police Chief David Hess asked me to join him in requesting the North Carolina State Bureau of Investigation (SBI) to conduct an independent investigation of the incident. The investigation conducted by the SBI, and the subsequent review by the District Attorney‘s office, was limited to whether the State of North Carolina should bring criminal charges against the officer. The investigation did not concern the separate internal investigation of whether any officers involved followed the correct procedures of the Roxboro Police Department. 

After a review of the SBI‘s independent investigation, I determined no charges will be filed against the law enforcement officer for discharging his firearm that resulted in the death of David Brooks, Jr. Before making this decision, my office reviewed all the evidence available to us from the SBI, and carefully examined the relevant law. 

911 Call and Communications 

On July 24, 2020, Person County Emergency Communications received a 911 call for suspicious activity. Roxboro Police Department dispatched patrol units to the area to investigate. Four officers were on shift. All officers checked en route and were advised the caller stated that there was a black male along the roadway on Old Durham Road near Oxford Road carrying what appeared to be a shotgun or a rifle. The first officer on the scene observed the same and notified other officers en route that he had located the subject of the call, had verified the individual had a weapon and was going to initiate a stop. 

Dash Cam and Body Cam Video Recordings 

As seen and heard from the in–car video at a timestamp of 1:07.5, the officer pulls onto the northbound shoulder of old Durham Road facing David Brooks, Jr., and can be heard placing the police cruiser in park. At 1:11.4 the officer exits the vehicle and yells “Hey Bro.” At 1:12.5 the officer yells “drop the gun.” At 1:13 the officer chambers a round into his shotgun. At 1:13.3 Mr. Brooks begins raising his gun towards the officer. At 1:15 the officer yells “drop the gun” again. At 1:16 the officer yells “drop the gun” again and fires a single shot.

A video, enhanced by the North Carolina State Crime Lab, shows these events more clearly, including that Mr. Brooks raised his gun, and pointed it at the officer in the seconds before the officer fired the single, fatal shot. The entire encounter, from the time the officer stepped out of the car, to the time the fatal shot was fired, was approximately five seconds. The fatal encounter occurred approximately one minute and ten seconds into the nearly two-hour-long video footage. 

Bodycam footage collected from the Person County Sheriff‘s Office from moments after the shooting showed officers and deputies rendering aid to Mr. Brooks, and placing markers and tape to secure the scene for the arrival of the SBI. 

Crime Scene and Collected Evidence 

Immediately after the shooting, other officers with the Roxboro Police Department and Deputies with the Person County Sheriff‘s Office arrived on scene. While some began rendering medical aid to Mr. Brooks, others redirected traffic and began setting up a secure perimeter. The officer who discharged his weapon returned to his car and placed his shotgun in his patrol car and locked the same. When Chief David Hess arrived, the officer handed his keys to Chief Hess and was transported away. The scene integrity was maintained by the Roxboro Police Department until the SBI arrived and began processing the scene later in the afternoon. 

A loaded, .410–gauge, double-barrel shotgun with a fashioned sling was removed from Mr. Brooks prior to first aid being rendered. It was recovered and unloaded by a Roxboro Police Officer and then photographed and turned over to the SBI when agents arrived. The shotgun and two shotshells were submitted to the NC State Crime Lab for analysis. The State Crime Lab concluded that the shotgun stock and barrels had been altered from the original length. The barrel was shortened to 14.72 inches and the overall length was shortened to 24.47 inches overall. The shotgun was operational, and the shotshells were unfired.

Officer and Witness Interviews 

SBI agents interviewed all persons known to them with possible knowledge of this incident. Among the persons interviewed was the 911 caller that stated he first encountered an individual in front of the cemetery and asked if he was okay and that the individual responded by shaking his head up and down and tapping his finger on the trigger of what the 911 caller believed to be a sawed-off shotgun. The individual was approximately ten feet away and never pointed the shotgun at the caller. 

The first officer on scene was interviewed before the dashcam footage was released or made available to him. He stated he checked en route and answered the call because he was closest to the location. He stated that he turned right off Weeks Drive south onto Old Durham Road, and saw a person fitting the description of the caller walking down the right of way.

The officer stated that as he passed the individual, the dual attempted to “blade himself,” and reduce his profile in what the officer believed to be an attempt to conceal a long gun. The officer further stated he relayed this information to other officers and executed a U–turn at the intersection of Oxford Road and pulled in front of the individual. The officer further stated that he activated his blue lights and placed his car in park before stepping out. The officer reached for his shotgun because the individual was carrying what the officer believed to be a shotgun or rifle, and that as he stepped out of the car, he yelled to drop the gun. The officer placed a shell in the chamber of the shotgun and yelled to drop the gun again.

The officer stated he could see the individual’s left hand on the foregrip of the gun, and his hand was at the pistol grip section of the stock as he began to raise the gun. The officer believed the individual was going to fire and so he fired a single shot. The officer stated he ran to the individual to secure the weapon. At that time, he recognized the individual as David Brooks, Jr. 

The officer stated that he had two previous professional encounters with David Brooks, Jr. The first, several years ago, when Mr. Brooks was arrested on a misdemeanor traffic violation. He stated that Mr. Brooks was polite, and the encounter uneventful. Most recently the officer encountered Mr. Brooks at his home while investigating an assault by pointing a gun call at a nearby apartment complex. The officer said that Mr. Brooks appeared to be having a mental health crisis and that the weapon was secured and placed into evidence, and Mr. Brooks was transported to the hospital for treatment. Mr. Brooks was not charged. 

Autopsy 

An autopsy of the body of David Brooks, Jr. was completed on July 25, 2020. An agent with the SBI attended the autopsy and interviewed the pathologist at the conclusion. The pathologist concluded the deceased had seven shotgun pellets enter the left side of his chest and one on the right side of his chest near his shoulder. The pathologist indicated the pellets that entered his chest were consistent with one shot, traveling front to back, left to right and slightly downward. Mr. Brooks did not have any other injuries besides this single gunshot wound to his chest. 

Applicable Law and Analysis 

Officers are routinely instructed to only use deadly force as a measure of last resort. The law authorizes an officer to take pre–emptive action and use deadly force to prevent death or serious injury to himself or others. The same legal standards apply to officers as to ordinary citizens. Officers do not lose their right to self–defense by becoming officers. In fact, they are more likely to be placed in situations where they would confront potentially dangerous people in dangerous situations. However, the use of deadly force must be reasonable. 

North Carolina General Statute 15A–401 provides that an officer may use deadly force to defend himself from what he reasonably believes to be the imminent use of deadly physical force. As the North Carolina Supreme Court has observed, the calculus of reasonableness must allow for the fact that police officers are often forced to make split–second judgments in circumstances that are tense, uncertain, and rapidly evolving. 

Likewise, Federal Court decisions have established that the use of deadly force is reasonable where there is an imminent threat of serious injury or death. In determining whether the officer faced an imminent threat, the United States Supreme Court has stated that reasonableness should be gauged from the perspective of an officer on the scene and should not use the 20/20 vision of hindsight. Graham v. Connor, 490 U.S. 386, 396 (1989).

Furthermore, the Court explained that “[t]he calculus of reasonableness must embody allowance for the fact that police officers are often forced to make split–second judgments – in circumstances that are tense, uncertain, and rapidly evolving – about the amount of force that is necessary in a particular situation.” Id. At 396–97. 

Based on the facts and applying applicable law, it is the conclusion of the District Attorney that the officer reasonably believed that his life was endangered when he shot David Brooks, Jr., and therefore the use of deadly force was lawful.

Home and Garden Show 09-08-20 with Wayne Rowland and Paul McKenzie

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Listen live at 100.1 FM / 1450 AM / or on the live stream at WIZS.com on Tuesday at 4:30 PM.

Local News Audio

Local News Audio 9-9-20 Noon

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– Homicide Suspect Arrested –
– Dr. Jerry Edmonds, VGCC Vice President Appointed to Black Entrepreneurship Council –
– Executive Session of Henderson City Council, Personnel Matter –
– Office Supplies for Vance County Schools Students –

Click Play for Local News Audio and Full Details

 

VCS Meal Box Pick-Up

Vance Co. Schools Continues Free Meal Boxes Through October

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-Information courtesy Vance County Schools

Vance County Schools will offer free meal boxes for drive-thru style pick-up every Monday in September and October from 10 a.m. – 3 p.m.

Boxes will be distributed at Vance County Middle School located at 293 Warrenton Road in Henderson.

The weekly meal boxes will contain five breakfasts, five lunches and milk containers.

U.S. Department of Justice

Fraud Alert: Scammers Claiming to be With DOJ, Preying on Elderly

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-Press Release, Department of Justice

The Justice Programs’ Office for Victims of Crime (OVC) has received multiple reports that individuals claiming to represent the Department of Justice are calling members of the public as part of an imposter scam. The department strongly encourages the public to remain vigilant and not to provide personal information during these calls, which appear to target the elderly.

Reports to the National Elder Fraud Hotline indicate these scammers falsely represent themselves as Department of Justice investigators or employees and attempt to obtain personal information from the call recipient, or they leave a voicemail with a return phone number. The return phone number directs users to a recorded menu that matches the recorded menu for the department’s main phone number. Eventually, the user reaches an “operator” who steers the user to someone claiming to be an investigator. That “investigator” then attempts to gain the user’s personal information.

“Phone scams are an ugly and pervasive act of victimization. The scams being reported to our National Elder Fraud Hotline are especially heinous because they show the perpetrators are preying upon one of the most vulnerable segments of our society – the elderly,” said OVC Director Jessica Hart. “As if this were not despicable enough, the scammers do so posing as employees of the Justice Department, usurping public trust in the agency that serves as a bastion of fairness and lawfulness while these scams exploit the elderly for financial gain. The first step to identifying these criminals is to have their crimes reported.”

“In a time of a national pandemic it is unconscionable for these scammers to prey upon our nation’s most vulnerable victims by pretending to be associated with the United States Department of Justice,” commented United States Attorney Robert J. Higdon, Jr.  “Your Department of Justice does not do business this way and does not seek your personal identifying information over the telephone.  We don’t make threats over the phone; we don’t cut deals over the phone and we don’t use investigators who do it for us.”

Those who receive these calls are encouraged not to provide personal information and to report these scams to the FTC via their website or by calling 877–FTC–HELP (877-382-4357). Fraud can also be reported to the FBI for law enforcement action at https://www.justice.gov/criminal-fraud/report-fraud.

The National Elder Fraud Hotline is a resource created by OVC for people to report fraud against anyone age 60 or older. Reporting certain financial losses due to fraud as soon as possible, and within the first 2–3 days, can increase the likelihood of recovering losses. The hotline is open seven days a week. For more information about the hotline, please visit https://stopelderfraud.ovc.ojp.gov/.

GVPH COVID-19 Testing

Free Community COVID-19 Testing Event – Sept. 13

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THIS STORY IS PRESENTED IN PART BY DRAKE DENTISTRY

-Information courtesy Granville Vance Public Health

Granville Vance Public Health is partnering with Duke University to host a community testing event for community members who may not have a primary care provider and/or those who lack access to transportation and insurance.

The testing event will be held Sunday, September 13, 2020, from 1:30 until 5 p.m. at St James Catholic Church, 3275 US-158 Bypass in Henderson, NC.

Nasal swab test kits will be used and individuals will be contacted with their results 3-5 days after the event.

Testing is free to all who attend, but testing supplies are limited. Pre-registration is required. To pre-register, contact the Health Department at (252) 492-7915.

There are many other opportunities to be tested for COVID-19. If you have symptoms or have been in close contact with someone who has tested positive, you can call your provider or GVPH to see if you should be tested. GVPH is conducting medical evaluations and testing regularly at both the Vance and Granville County locations.

I Voted Sticker

Middleburg’s St Paul United Church of Christ to Hold Voter Registration Events

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-Information courtesy Joyce Davis, St Paul United Church of Christ

St Paul United Church of Christ will hold new voter registration events at the church’s location at the corner of 292 North Lee Avenue in Middleburg, NC.

Registration dates are:

  • Saturday, September 12, 2020, from 9 a.m. – 12 p.m.
  • Wednesday, September 16, 2020, from 9 – 11 a.m. and 4 – 6 p.m.
  •  Saturday, September 19, 2020, from 9 a.m. – 12 p.m.
Henderson Police Department

Police Take Homicide Suspect Into Custody

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Press Release Update – September 8, 2020

This evening, Henderson Police Department Detectives discovered Se’Quayveon Batchelor was located at the Budget Host Inn, in Roxboro, NC.

Roxboro Police Department was contacted and at approximately 7:00PM, Se’Queayveon Batchelor was peacefully taken into custody by the Roxboro Police Department.

Se’Queayveon Batchelor was served with the outstanding warrants for his arrest in the homicide of Rashod Murphy that occurred on September 3rd. Batchelor has been placed at the Vance County Detention Center without bond, pending future court proceedings.

The Henderson Police Department is grateful for the professional assistance provided by the Roxboro Police Department tonight.

—————————————–

September 3, 2020 – Press Release

At approximately 4:15PM Officers of the Henderson Police Department were dispatched to 409 Neathery Street in reference to a shooting. When Officers arrived they found Rashod Murphy(Age 21) unresponsive and suffering from multiple gunshot wounds. He was pronounced deceased at the scene and the immediate family was informed.

The investigation thus far has led us to obtain warrants for Se’Quayveon Batchelor (Age 22) for 1st Degree Murder, and we believe he is our sole suspect at this time. We do know that the victim and suspect were well-known to each other, and this seems to be an isolated incident. We are still actively working this investigation with tremendous and timely cooperation from our citizens. As to not compromise the integrity of the investigation, no further information will be available at this time. We will update everyone if the situation changes.

Se’Quayveon Batchelor’s whereabouts are currently unknown and we are asking the public to call us, message us through Facebook, use the P3 App, or call Crime Stoppers(252-492-1925) with any information on his location. Please do not approach him, as he is considered armed and dangerous. Crime Stoppers offers cash rewards for information leading to the arrest and/or conviction of perpetrators.

Authority: Chief M.W. Barrow

Trump Boat Parade

Town Talk 09/08/20: Trump Boat Parade Draws a Crowd; Repeat Scheduled for Oct.

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Jimmy Barrier, coordinator for the Vance County Republican Party, appeared on WIZS’ Town Talk Tuesday at 11 a.m.

Barrier discussed the Trump Boat Parade held on Kerr Lake over Labor Day weekend. Following a national trend of boat parades in support of President Donald Trump, Barrier said it was a one-of-a-kind experience.

“I have never in my entire life seen as many boats on Kerr Lake at one time; it was just flooded,” said Barrier. “There were also helicopters and drones. Flares were shot off from the Bullocksville area to let you know it was starting. There were boats there from as far away as Maryland. It was a great day to be a Republican on the lake.”

In a separate discussion with WIZS, parade organizer Austin Link of Creedmoor, NC said the event was “a bunch of Trump supporters getting together and showing support for our great president.”

Link, who grew up camping at Kerr Lake and was down for Labor Day weekend, said parade participants followed his boat from Satterwhite Point to Clarksville, VA with American and Trump flags flying.

“We didn’t know what to expect for a turnout. We heard people say it was at least 1,000 boats there,” Link said.

The majority of participants, according to Link, learned of the event through social media sites and word-of-mouth. One such site is the Kerr Lake for Trump Facebook page which includes parade pictures and videos posted by organizers and participants.

Link is already in the process of organizing and promoting another Trump Boat Parade at Kerr Lake on Saturday, October 3, 2020, at 1 p.m. The parade will start at Satterwhite Point and head to Clarksville.

Barrier said the parade also brought heavier traffic to the Vance County GOP headquarters. Located at 1700 Parham Street off Dabney Drive in Henderson, supporters can pick up Trump memorabilia, receive information on Republican candidates, register to vote in Vance County and change their voter registration. The headquarters is currently opened daily from 11 a.m. until 2 p.m.

To hear the interview in its entirety, go to WIZS.com and click on Town Talk.

Featured image photo courtesy the Kerr Lake for Trump Facebook page.