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.

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

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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

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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.

Granville Vance Public Health Logo

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

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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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Home And Garden Show 06-22-22

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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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SportsTalk: 7 On 7 Football Makes Positive Impact On Local Youth

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In 2007 both Marcus Henderson and Theo Perry graduated from Southern Vance High School and Perry was a part of the Southern Vance Football team that went to the state championship game. While the Raiders were unable to cap off that season with a state title, both Henderson and Perry have continued to work in football and with youth. With the help of fellow Southern Vance alumni and others such as former Vance County High School Athletic Director Joe Sharrow, Henderson and Perry started the Vance County Venom. The Venom are a 7-on-7 football team that plays in a five-team league during the summer to help keep youth from not only Vance County, but Franklin and Warren as well, off the street and involved with something positive in the way of athletics.

Theo Perry serves as head coach and director of the Venom and Marcus Henderson is an organizer. The Venom are a 501c3 non-profit organization and they hope to provide mentorship to young people and to provide them with guidance as they grow as young men and athletes. As coaches, they try to be positive role models, Perry said. “We want to teach them how to be great human beings and to stay out of the streets,” he said.

“The street loves nobody,” Perry said on Tuesday’s SportsTalk. Henderson says “there are too many distraction for kids” out of school during the summer and the Venom provides kids with an opportunity to do something else to positively impact their lives.

The idea for the Venom came from coaching the Tri-City Seahawks at the Henderson-Vance Recreation and Parks Dept. The Seahawks participate in the East Wake League and kids start playing at four years of age. From the Seahawks the idea of the Venom emerged. Sharrow and Vance County High School Principal Rey Horner agreed to let them use the practice field at the high school and parents helped contribute equipment and fund to buy equipment. And Perry and Henderson chipped in money from their own pockets to field the team, too.

Richard Terry of Eastside Barber in Henderson donated a quarterback tee, which Perry said has proven quite useful. In 7-on-7 football, the QB has five seconds to throw the ball. The tee is equipped with a timer, which has helped the quarterbacks improve their ball release.

Turnout from kids has been excellent and they have played games throughout the month of May in Franklinton; they’ll travel to Fuquay-Varina for a make-up tournament this weekend. Additionally, the kids involved with the Venom have had the opportunity to attend football camps with NFL players. Perry said he tells his guys to wear their jerseys to the camps – it’s just one more way to get their name out there. “We’ve gotten so much exposure,” he said. “Exposure is the key – when it’s time for these kids to go to college…you never know who’s out there watching them at an early age.”

“It’s bigger than football,” says Henderson. These young athletes also participate in volunteer work and reach out to the community. Perry says they want to teach how to become correct young men. They both praise the parents who have taken time to bring their kids to practice and games and have supported the Venom in general.

If you would like to help support the Venom, donations can be made to Vance Co. Venom Inc. The mailing address is 1025 Pinkston St., Henderson NC 27537 or via cashapp at $flySantana.

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South Henderson Ball Park Site of Fight with Shots Fired

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– HPD Press Release – 

On Monday, June 20th of 2022, Officers responded to 1105 Victory Street (South Henderson Ball Park), in reference to a “Fight with weapons.” Initial officers arriving encountered a large crowd and multiple shots being fired.

One subject was observed attempting to charge his weapon (manipulate the slide), and then ran to a vehicle with the firearm in hand, after ignoring orders to drop his weapon. Three firearms in total were recovered from this vehicle. The driver, Jamaal Johnson (age 22), was found in possession of a concealed Glock 17 pistol, an American Tactical AR-15 was located in the front passenger area in plain view, and a 9mm Taurus pistol was recovered from a concealed location where the initial person, Ajamiar Robinson-Clack (age 21), was seated in the rear of the car.

While dealing with the large crowd and the four detained individuals, Officers were dispatched to Maria Parham Health in reference to a report of two individuals with “gunshot wounds.” When Officers arrived, they located Kavon Horton (age 26) and Samijai Haythe (18). It was
found that neither victim had been shot, but had received injuries from an assault that occurred at 1105 Victory Street (South Henderson Ball Park).

While at Maria Parham Health, Officers were notified about a large group of individuals outside the emergency department. These individuals were also involved in the same incident and had also been seen with firearms. A vehicle of interest was approached and a Glock 19 pistol, a Taurus PT1911 pistol, and a Palmetto State Armory PA15 Rifle were recovered.

The Glock 19 pistol was found on the person of a 17-year-old Juvenile, and was found to be modified to fire full-auto. The juvenile was released to Juvenile Justice after secured custody orders were filed for Possession of a Weapon of Mass Destruction and Possession of a Machine Gun.

This matter is still under investigation and possible further charges are pending its outcome. This  would include the victims who sought medical treatment.

Jamal Johnson, Ajamiar Robinson-Clack and Isrrael Barreto Aguilar were charged with Carrying a Concealed Weapon.

Authority Chief Barrow

The Local Skinny! Acquest Group Partners With City On Garnett St. Property

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In the spirit of true public-private collaboration, a portion of South Garnett Street is getting a new lease on life. Alex Green, vice president and director of operations with Acquest Group is set to close on the purchase of property at 411 S. Garnett St. The city has purchased a lot next door, and, together, the area is gearing up for big things.

“We’re very excited to be partnering with the city,” Green told WIZS during a recent interview. The partnership will result in a mixed-use of retail space and restaurants at street level, with condominiums or apartments above.

“It’s absolutely going to change Henderson for the better and we’re so excited about it,” Green said. The interview aired on Tuesday’s The Local Skinny!

Green said the main restaurant space is spoken for, but there should be enough room for a smaller café style shop and one more retail outlet.

While there will definitely be new construction going up, Green said the hope is to keep as much of the existing building as possible. “It’s a beautiful piece of history for Henderson’s downtown and also has some interesting architectural pieces on the inside,” she said.

The area will be transformed into a space for fun activities, live music outdoors on summer evenings, Green said.

Seeing the potential in a location is half the battle, Green said. “That’s part of the challenge when you come into these awesome small towns in rural communities,” she said. It’s like putting together a puzzle – taking empty lots and abandoned buildings – and transforming them to becoming places of community.

Building community also supports generational wealth and keeps money in the local economy.

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