Magistrates in North Carolina


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According to nccourts.gov/learn/court-officials where you can click on the word magistrates, “A magistrate is an independent judicial officer, recognized by the North Carolina Constitution as an officer of the district court. Magistrates perform numerous duties in both civil and criminal proceedings. Magistrates are not elected, but are nominated for office by the clerk of superior court, appointed by the senior resident superior court judge, and supervised by the chief district court judge. A magistrate serves an initial term of two years, with subsequent terms of four years.”

Responsibilities of a magistrate in North Carolina include criminal proceedings like conducting initial appearances, set conditions of release such as bonds and bond amounts, issue warrants and more as well as civil proceedings like hearing small claims cases, entering orders for summary ejectment known as evictions, involuntary commitments, marriages and more.

Talk to most any magistrate or clerk of court and you’ll learn there are bonding guidelines.  Despite a large public sentiment that bonds should be higher in a lot of cases, it’s important to understand bonds are to assure a defendant’s appearance in court.  Bonds are not for punishment.

There is online a fiscal year 2019-2020 North Carolina Magistrate Fact Sheet (click here), and it states, “In order to be eligible for nomination or re-nomination as a magistrate, a candidate must be a resident of the county for which he or she will be appointed. The candidate also must have a four-year college degree or eight years of work experience as a clerk of superior court; or a two-year associate degree and four years of work experience in a job related to the court system, law enforcement, or other public service work. Many magistrates are attorneys, but they are not required to be, and those who are attorneys are prohibited from practicing law while in office as a magistrate.

“A magistrate serves an initial term of two years, with subsequent terms of four years. While magistrates are not under the jurisdiction of the Judicial Standards Commission like judges are, they must obey the Code of Judicial Conduct, and the grounds for removing magistrates are the same as for removing judges. Judges, justices, and magistrates share the same mandatory retirement age.”

Age 72 is it for judges in N.C.

The Judicial Branch uses a workload formula to determine the appropriate number of magistrates per county.  Magistrates are salaried employees who provide services 24 hours a day, seven days a week, 365 days a year.  They account for about 10 percent of the judicial workforce in North Carolina and about nine percent of the judicial budget in the state with the figure being about $51 million.

There are six magistrate positions in Vance County, and one of those is vacant as of this publication.

To read more from North Carolina General Statutes, click here for Article 16 as it pertains to magistrates from the web site ncleg.net. Among other things, you can read about a magistrate’s training requirements.

As an aside, in fiscal year 2019-2020, district and superior courts combined disposed of over 2,250,000 cases in North Carolina.

Cooperative Extension With Jamon Glover Communication, Pt. 1

Listen live at 100.1 FM / 1450 AM / or on the live stream at WIZS.com at 11:50 a.m. Mon, Tues & Thurs.

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Man On Post Release, Posts Another Bond, Leads Police on Chase

This time Tyren Hargrove was served with an outstanding Order for Arrest that had a preassigned $1,000,000 bond.

“The $1,000,000 bond was due to the DA’s office fighting to get a sufficient bond set from the extraordinarily low bond previously set,” Henderson Police Chief Marcus Barrow said, referring to the magistrate level bonds already available to Hargrove.

This latest incident unfolded Tuesday about 9 p.m. when Henderson Police attempted a vehicle stop, and that stop attempt resulted in a lengthy chase out Vicksboro Road.  The driver, Tyren Hargrove, was charged as indicated in the first press release below with a litany of charges – including Felony Flee to Elude, Felony Possession of Schedule II – and received a $52,000 bond from the magistrate.

In so many words, the police chief told WIZS if his officers had not been able to serve a preassigned $1,000,000 bond set by a superior court judge, then Hargrove would have posted and be out.  By way of example, reference the second press release below from earlier this month when the HPD and DEA served a narcotics search warrant on Eastway Drive.  Seized were about 4,004 dosage units of heroin, $59,348 in cash, and a semi-auto pistol.

After the narcotic warrant was served, Hargrove posted a $100,000 bond.  He never made it to jail.

Barrow also cited the information listed in the first of the two press releases below about Sedarius Artez Boyd (age 22), the passenger who fled from police on foot at the end of the car chase.  Barrow said, “Notice the unsecured bond set for the other guy who ran.”  Boyd was served with an outstanding Criminal Summons for Unauthorized Use of a Motor Vehicle, and charged with Resisting a Public Officer. Boyd received a $1,000 bond unsecured.  Unsecured bonds don’t require the posting of any money.

 


HPD Press Release: 06/22/2022

On June 21st, 2022, at approximately 9PM, Officer T. McDaniel was stationary at the intersection of Sunnyview Road and Water Street when he observed a white Toyota Tacoma traveling at a high rate of speed. Officer McDaniel attempted to stop the vehicle, but the driver accelerated more and turned the vehicles lights off in an attempt to elude police.

The driver of the vehicle took several evasive turns, passed multiple vehicles in no-passing zones, failed to stop at several intersections, and reached speeds of approximately 115 mph. The pursuit continued into Warren County, made a U-turn at Annie Lee Lane, and headed back towards Henderson.

A tire deflation device was deployed by our agency at S. Cokesbury Road. and Vicksboro Road. The vehicle successfully ran over the device, but continued to flee. The suspect vehicle finally came to a stop at Vicksboro Road and Ashmont Lane. The occupants then fled on foot, the driver and passenger were quickly located.

The passenger, Sedarius Artez Boyd (age 22) was located in a wood line after a successful K-9 track. The driver, Tyren Hargrove (21) was found hiding in a vehicle he unlawfully entered at a residence on Barclay Lane. Tyren Hargrove was found in possession of the Toyota truck and an unlabeled container with 33 oxycodone pills inside.

Tyren Hargrove was served with an outstanding Order for Arrest that had a preassigned $1,000,000 bond. Tyren Hargrove was additionally charged with Felony Flee to Elude, Felony Possession of Schedule II, Breaking and Entering a Motor Vehicle, Reckless Driving, Resisting a Public Officer, and Simple Possession of Schedule VI. For those charges, Magistrate Fuller gave Hargrove a $52,000 bond.

Sedarius Boyd was served with an outstanding Criminal Summons for Unauthorized Use of a Motor Vehicle, and charged with Resisting a Public Officer. Boyd received a $1,000 bond unsecured bond by Magistrate Fuller.

The suspect vehicle was a rental vehicle, belonging to Hertz Rental and displayed a New York tag. It was towed from the scene.

We were assisted by the Vance County Sheriff’s Office and the North Carolina Highway Patrol, and we are always grateful for the tremendous working relationship we have with both.

Authority Chief Marcus W. Barrow


HPD Press Release: 06/09/2022

On June 3, 2022, officers of the Henderson Police Department and Federal DEA Agents served a narcotic’s search warrant at 808 Eastway Drive Henderson, North Carolina in response to a drug complaint.

During the service of the warrant, approximately 4,004 dosage units of heroin, $59,348 in U.S. Currency, and a semi auto pistol were seized.
21-year-old Tyren Hargrove was arrested in relation to this investigation.

Hargrove was charged with two counts of Trafficking Heroin, one count of Possession with Intent to Manufacture, Sell, Deliver Heroin, and one count of Maintaining a Dwelling Place for a Controlled Substance.

Hargrove was already on post release, but received a $100,000.00 secured issued by Magistrate Williams. He posted bond prior to transport to Vance County Detention Center.

Vance County Sheriff's Office

Third Arrest Made In Oct. Shooting Death In Williamsboro

A Vance County man faces charges of first-degree murder in connection with a shooting in Williamsboro in October 2021.

Vance County Sheriff Curtis Brame said Donte S. Henderson of the New Hope community was arrested Tuesday, June 21 and was charged with first-degree murder, accessory after the fact and shooting into an occupied vehicle. He was placed in the Vance County Detention Center under a $1 million bond.

Brame said his Criminal Investigation Division officers located Henderson and subsequently served the indictments.

No further details of the arrest were given.

Henderson is the third person arrested in connection with the Oct. 30 death of Devontae Cheek, who was shot as he was getting out of a vehicle in the parking lot of the Williamsboro Shell Station. He was taken to Maria Parham Health, where he later died of his injuries.

The Vance County Sheriff’s Office continues to investigate this incident, Brame said. Anyone with information regarding this matter is urged to contact the Vance County Sheriff’s Office.

Retired EMS Director Doug Logan Named Interim Granville Manager

The Granville County board of commissioners have appointed Doug Logan as interim county manager to take the reins until a new manager can be hired.

Logan is a Granville County native and retired in 2020 from his role as the county’s emergency services director and fire marshal. He will take over from Michael Felts, who leaves at the end of July to take a job with the N.C. Association of County Commissioners Risk Management Pools.

According to a press statement from Public Information Officer Terry Hobgood, Logan will begin work on July 11 to begin the transition process. He will remain in the manager position until a permanent manager is appointed by the board.

“I’m honored that the board of commissioners placed their trust in me to serve as interim county manager,” Logan said in a prepared statement. “This is my home, and I spent the entirety of my professional life serving the citizens of this county. I can’t wait to get started and help ensure that our residents continue to enjoy the quality of service they have come to expect across all county departments.”

Board Chair Tony Cozart said Logan’s appointment will allow the county time to complete the search process for the next manager. “Doug has proven throughout his career that he is a steady and accomplished leader. We are confident that he is the right person to guide our staff in the coming months,” Cozart said. “We are thrilled that Doug was willing to accept this challenge and we know that he is prepared to step up and continue to serve his fellow Granville County citizens.”

Logan retired in January 2020 after a distinguished career in public service. He began his career with the county with the public school system and then went on to be an emergency medical technician (EMT) with Granville EMS and a firefighter with Granville Rural Fire Department. In July 1994, he became emergency services director and remained there until his retirement.

Following news in May that Felts was leaving, the commissioners engaged the services of Developmental Associates, Inc. to lead the recruitment process for the next county manager. “Recognizing that it would not be possible for this process to conclude before Felts’ last day of employment, the board identified Doug Logan as someone who could shepherd Granville County through this transition,” the statement read.

Since his retirement, Logan has served as an emergency management planner with On Target Preparedness, LLC.

Granville Vance Public Health Logo

TownTalk: COVID-19 Vaccines Now Available for Children Under 5

 

With COVID-19 vaccines now approved for use with the youngest children – ages six months through 5 years, Granville-Vance Public Health Director Lisa Harrison encourages parents to ask questions of health care professionals to determine the best course of action when deciding which vaccine to choose.

Harrison spoke on Town Talk Wednesday with John C. Rose and said there is a wealth of information for parents located at www.gvph.org. She said it’s important to get information from trusted sources – like your child’s pediatrician or from the local health department.

Specialized nurses and immunization nurses administer the vaccines at the health department for anyone who wants a shot, including this youngest group of children most recently approved to get the vaccine.

The Pfizer shot is a three-series shot and is cleared to be given to children six months through 4 years. The Moderna shot is a two-dose series and is cleared for children through age 5. Both vaccines are now at the health department, and parents can consult with health professionals before deciding which one to ask for.

“Both are certainly well tested and effective,” she said.

Side effects are similar to those that adults have after getting shots and boosters – swelling and redness at injection site, slight fever or feeling tired for a day or two, but that’s about it, Harrison said.

Vance and Granville counties both have returned to “high” transmission rates recently, and Harrison said as long as the counties remain in this category, she personally will choose to wear a mask when she is indoors with a lot of people. When she’s outside, she opts to not wear a mask.

It’s more difficult for younger children to keep masks on, and to follow the other W’s – “wait” 6 feet apart and “Wash” your hands frequently, she said, so vaccines for this youngest group just makes good health sense.

In fact, masks are not recommended for children ages 2 and under.

Vaccines “are the biggest and most important intervention we’ve had over the last hundred years,” she explained. And the various COVID-19 vaccines are more tested than any other vaccine.

One thing that health professionals have learned over the course of the pandemic is the unpredictable nature of the virus. “It’s hard to have this much patience with a mutating virus, for sure,” she said. Being vaccinated, however, is “the way we get through to the other side of the pandemic,” she added.

 

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Leadership Granville Deadline Is July 1

The deadline to register for the upcoming Leadership Granville program is July 1.

Leadership Granville is a program that offers residents of Granville County the opportunity to acquire knowledge of the community and develop leadership potential. It’s a great way for those new to the community to become personally and professionally acquainted with county structure and life, which can benefit present and future leadership. Participants visit local businesses and industry and spend time learning about the county’s history, agriculture and government. The program kicks off in September and concludes with graduation in April.

The application, with program details about schedules and meeting times, can be found on the Chamber of Commerce website:

https://granville-chamber.com/member-services/leadership-granville/

There are sponsorship opportunities available for businesses and other agencies to highlight products and services.

The Silver Sponsor is filled, but the Presenting Sponsor level is available for $2,000, one Gold Sponsor ($1,000) is available, and there are unlimited spaces for Bronze Sponsors ($500) and Lunch Sponsors ($300).

Sponsorships at the presenting, gold and silver levels include registration fee for one participant and various types of recognition at Leadership Granville events and promotional advertising.

Contact Roberson at lauren@granville-chamber.com to learn more.

Completed applications can be emailed to Roberson or sent to the Chamber office, P.O. Box 820, Oxford, NC 27565.

Butner Inmate Sentenced After Assaulting, Injuring Officer

  • Information courtesy of the U.S. Attorney, Eastern District of North Carolina

An inmate at FMC Butner was sentenced to 114 months in prison for assaulting a federal law enforcement officer at the Federal Medical Center in Butner. The inmate had pled guilty to the charge earlier this year.

According to court documents, Michael Anthony Mata, 47, an inmate at FMC Butner at the time of the offense, struck the law enforcement officer in the face after the officer told him he was in an unauthorized area and asked him to return to his assigned housing unit.  As a result of the contact, the officer suffered a severe fracture to his left orbital wall that required surgical repair.

In announcing the sentence, U.S. Attorney Michael Easley said, “The brave men and women who put themselves on the line every day to keep the rest of us safe, have the well-deserved support of our Office. We will vigorously prosecute anyone who assaults a correctional officer, or any other law enforcement personnel, and seek a firm punishment to deter others who may be inclined to do the same.”

Citing Mata’s extensive criminal history and the severity of the assault, U.S. Federal District Court Judge James C. Dever III sentenced Mata to 114 months in prison.

The Federal Bureau of Prisons investigated the case and Special Assistant U.S. Attorney Mallory Brooks Storus prosecuted the case.

 

Home And Garden Show 06-22-22

On the Home and Garden Show with Vance Co. Cooperative Ext.

 

  • If plants are showing signs of disease take those plants out of the garden contact Cooperative Extension for ID of the disease or insect and we can recommend control measures
  • Conserve water through summer dry periods. Tall fescue can survive 2 weeks without irrigation.
  • Gardens need at least at least 1 inch of water per week its better to water thoroughly once a week than small waterings each day.
  • Closely monitor soil moisture on any trees and shrubs you planted this past spring.
  • Vegetables may need top dressing if plants are a pale green and you haven’t top dressed them in the last three weeks
  • Skin applied insect repellants are safe and effective for minimizing exposure to mosquitos when used according to instructions. But do be extra careful when using them on children.
  • When harvesting vegetables put them in the shade as soon as possible. Harvest early in the morning.
  • Lightly prune ornamental trees and shrubs to keep them neat and tidy. You can also lightly prune fruit trees and grape vines for light air penetration into the canopy and to reduce winter pruning.

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