Lavenders awarded damages; other cases heard by court

Compensatory damages were awarded to the family of Ricky F. Lavender, who was murdered by Lawrence Curtis Evans, Jr. on February 27, 2005.

The case was heard by Chief Superior Court Judge Roger W. Dunaway, Jr. during civil trial week which was held earlier this month at the Lincoln County Courthouse.

The wrongful death suit was filed against Evans by Shirley Lavender, administratrix of the estate of Ricky F. Lavender, and the deceased's sons, Ricky Charles Lavender and Jeffery Nathaniel Lavender.

After hearing evidence in the case, the court entered a judgment in favor of Lavender in the amount of $750,000 for the life of the decedent, $3,798 for medical expenses, and $7,417.20 for funeral expenses for a total of $761,215.20.

On October 17, 2005, Evans pleaded guilty to malice murder in connection with the shooting death of Lavender, 43, and was sentenced to life in prison.

Following civil trial week, criminal trials were held on Monday, October 16, with Judge Harold A. Hinesly presiding.

The cases listed below were disposed of during the proceedings:

Brandon Alan Craft pleaded guilty to one count of felony obstruction of an officer and was sentenced to five years, time already served in confinement with the balance on probation; a $500 fine plus surcharges; and 80 hours community service.

Wesley Mackerial Burns pleaded guilty under Alford to one count each of aggravated assault and criminal damage to property. He received 10 years, the first 10 months in confinement with the balance on probation, and a $1,000 fine plus surcharges on the aggravated assault count and time already served in confinement on the criminal damage to property charge.

The Alford plea is based on the Alford vs. North Carolina case in which the United States Supreme Court ruled that a defendant may enter a plea of guilty without actually admitting he committed the acts for which he was charged.

Derrick Owen pleaded guilty to a single count of misdemeanor-grade obstruction of an officer and was sentenced to 12 months in confinement.

Michael Paul Still pleaded guilty to a misdemeanor count of theft by taking and received 12 months probation and a $400 fine plus sur- charges.

Still was also granted first offender status which means that his criminal conviction will be expunged from the record upon the successful completion of the terms of his sentence.

In addition to the dispositions above, a number of other defendants with cases on the calendar waived their right to a jury trial. These cases will be heard by the court later in the year.

In his comments on the civil and criminal proceedings, Superior Court Clerk Bruce Beggs noted that court was held without the necessity of a jury which resulted in substantial savings to the county.

According to Beggs, a total of 120 potential jurors were summoned for civil and criminal court. "However, often the status of a case on either calendar may change, and the case can be disposed of without being heard by a jury.

"By having jurors call in instead of actually reporting to the courtroom, we do not have to pay jurors to come to court when they are not needed," the clerk of court continued. "Also, the jurors are not inconvenienced by having to change their schedules and daily routines unnecessarily."

In conclusion, Beggs indicated that Lincoln County taxpayers saved approximately $9,100 when it was determined that juries were not needed for civil or criminal trial week.