A six-man, six-woman jury in Halifax County Circuit Court took
less than 15 minutes Tuesday to find William Arthur Wells Jr.
not guilty of the second-degree murder of Thomas Jackson after
an altercation at a Thanksgiving dance at American Legion Post
99 in 2001.
The jury also found Wells not guilty of using a firearm to commit
the murder.
As a result of the jury's decision, a third charge against Wells,
alleging he possessed a firearm after having been convicted of
a felony, was nol prossed by the Commonwealth.
Tuesday's trial was the second time that Wells, a 26-year-old
Vernon Hill resident, faced murder charges in connection with
the shooting death of Jackson.
Wells had been convicted last year of second-degree murder after
a jury trial.
But, that conviction was later vacated by Judge William L. Wellons,
after Well's attorney, Gregory Casker, told the court that a principal
prosecution witness approached him after the trial and recanted
his testimony.
Wellons then ordered a retrial in the case.
Tuesday's retrial, with Judge Leslie M. Osborn presiding, focused
on the credibility of about 20 witnesses, both prosecution and
defense, present during the melee at Post 99, which was described
by one at the scene as "pretty much chaos."
Commonwealth's Attorney John Greenbacker presented evidence that
indicated anywhere from 250-300 people were at the Thanksgiving
dance at Post 99.
Greenbacker told the court that the victim came to the aid of
his brother, who got into a scuffle on the crowded dance floor
sometime before the dance ended at 2 a.m. on the morning of November
23.
The scuffle carried over into the parking lot of Post 99 after
the dance, where prosecution testimony indicated gunfire rang
out after the victim issued a verbal challenge to his antagonists.
A forensic pathologist testified that Jackson, who was found to
be unarmed, died from a wound to the lower abdomen, causing severe
loss of blood.
Greenbacker cited testimony from a firearms expert citing that
from five to six guns may have been fired during the altercation,
and provided a diagram showing the jury the location of the shell
casings found at the scene.
The prosecutor focused primarily on testimony from three witnesses
who, in Greenbacker's words, directly linked the defendant to
the shooting.
One of those, Quendell Lashawn Williams, was convicted in December
of the second-degree murder of Jackson.
Williams, who was convicted as an accessory, admitted to the jury
that he shot a gun that night, but not directly at the victim.
Williams testified that he saw Jackson fall from his wounds, and
that he also saw the defendant shooting toward a group of people
containing the victim.
Another prosecution witness, Allen Fallen, testified that he saw
Wells shooting, while still another, Garren Walton, testified
he saw someone "who looked like William Wells" shooting
that night.
Defense attorney Mark Mokris attacked the credibility of the prosecution
witnesses, pointing out what he saw as inconsistent statements
made to police by Williams.
"There were from 250-300 people there, and don't you think
the Commonwealth could produce someone not charged with murder
to testify for them?" asked Mokris, referring to Williams.
Mokris called Casker to the stand to testify Fallen had approached
him outside the courthouse last September 3 and admitted he really
didn't see Wells with a weapon or shooting a weapon.
"Is there anything that puts the murder weapon (a .40 caliber
handgun) in my client's hands?" Mokris suggested to the jury.
"We may never know who the killer was, because the gun was
wiped clean of fingerprints."
Greenbacker told the jury that the defendant didn't have to fire
the fatal shot in order to be found guilty, but asked the jury
to consider the number of prosecution witnesses who placed a gun
in the hands of Wells that night.
"The question I want to pose to you [the jury] is there are
300 people out there," said Greenbacker.
"Why didn't anyone come here today and testify that Wells
wasn't there and didn't shoot?"
A six-man, six-woman jury in Halifax County Circuit Court took
less than 15 minutes Tuesday to find William Arthur Wells Jr.
not guilty of the second-degree murder of Thomas Jackson after
an altercation at a Thanksgiving dance at American Legion Post
99 in 2001.
The jury also found Wells not guilty of using a firearm to commit
the murder.
As a result of the jury's decision, a third charge against Wells,
alleging he possessed a firearm after having been convicted of
a felony, was nol prossed by the Commonwealth.
Tuesday's trial was the second time that Wells, a 26-year-old
Vernon Hill resident, faced murder charges in connection with
the shooting death of Jackson.
Wells had been convicted last year of second-degree murder after
a jury trial.
But, that conviction was later vacated by Judge William L. Wellons,
after Well's attorney, Gregory Casker, told the court that a principal
prosecution witness approached him after the trial and recanted
his testimony.
Wellons then ordered a retrial in the case.
Tuesday's retrial, with Judge Leslie M. Osborn presiding, focused
on the credibility of about 20 witnesses, both prosecution and
defense, present during the melee at Post 99, which was described
by one at the scene as "pretty much chaos."
Commonwealth's Attorney John Greenbacker presented evidence that
indicated anywhere from 250-300 people were at the Thanksgiving
dance at Post 99.
Greenbacker told the court that the victim came to the aid of
his brother, who got into a scuffle on the crowded dance floor
sometime before the dance ended at 2 a.m. on the morning of November
23.
The scuffle carried over into the parking lot of Post 99 after
the dance, where prosecution testimony indicated gunfire rang
out after the victim issued a verbal challenge to his antagonists.
A forensic pathologist testified that Jackson, who was found to
be unarmed, died from a wound to the lower abdomen, causing severe
loss of blood.
Greenbacker cited testimony from a firearms expert citing that
from five to six guns may have been fired during the altercation,
and provided a diagram showing the jury the location of the shell
casings found at the scene.
The prosecutor focused primarily on testimony from three witnesses
who, in Greenbacker's words, directly linked the defendant to
the shooting.
One of those, Quendell Lashawn Williams, was convicted in December
of the second-degree murder of Jackson.
Williams, who was convicted as an accessory, admitted to the jury
that he shot a gun that night, but not directly at the victim.
Williams testified that he saw Jackson fall from his wounds, and
that he also saw the defendant shooting toward a group of people
containing the victim.
Another prosecution witness, Allen Fallen, testified that he saw
Wells shooting, while still another, Garren Walton, testified
he saw someone "who looked like William Wells" shooting
that night.
Defense attorney Mark Mokris attacked the credibility of the prosecution
witnesses, pointing out what he saw as inconsistent statements
made to police by Williams.
"There were from 250-300 people there, and don't you think
the Commonwealth could produce someone not charged with murder
to testify for them?" asked Mokris, referring to Williams.
Mokris called Casker to the stand to testify Fallen had approached
him outside the courthouse last September 3 and admitted he really
didn't see Wells with a weapon or shooting a weapon.
"Is there anything that puts the murder weapon (a .40 caliber
handgun) in my client's hands?" Mokris suggested to the jury.
"We may never know who the killer was, because the gun was
wiped clean of fingerprints."
Greenbacker told the jury that the defendant didn't have to fire
the fatal shot in order to be found guilty, but asked the jury
to consider the number of prosecution witnesses who placed a gun
in the hands of Wells that night.
"The question I want to pose to you [the jury] is there are
300 people out there," said Greenbacker.
"Why didn't anyone come here today and testify that Wells
wasn't there and didn't shoot?"
A Ringgold woman remained in the intensive care unit at Halifax
Regional Hospital yesterday following a U.S. 58 crash Monday at
the intersection entrance to Halifax County Industrial Park.
Hospital sources said that Helen Martin, 60, was in stable condition
after sustaining lacerations to her head. Gordon Wayne Martin,
her husband, age 59, was treated for lesser injuries and released.
According to State Trooper J.Crowder, Gordon Martin was heading
west when he failed to stop for a red light and crashed into a
tractor-trailer rig being driven by Barry G. Parker, 40, of Greensboro,
N.C.
Parker had been traveling east on U.S. 58 and was attempting a
left turn into a truck stop.
Crowder said that the Martin couple could probably have experienced
less serious injuries if they had been wearing seat belts.
Martin's 1992 GMC pickup was declared a total loss with $10,000
in damages while the 2000 Freightliner road tractor sustained
an estimated $8,000 in damages.
Martin was charged with failing to obey a traffic light.
On a motion from Councilman Tom Raab and
with a second from Councilman Carroll Thackston, the South Boston
Town Council unanimously approved a special use permit allowing
the erection of a manufactured home in the Sunnybrook subdivision.
The action came as council convened for its regular monthly meeting
at council chambers on Yancey Street Monday night.
Speaking in support for the application, Tim Hoag, part owner
of the subdivision, said he thought manufactured homes would be
a means of providing affordable housing in the town.
He also pointed out that the homes would live up to the specifications
set forth by council regarding the appearance of the manufactured
homes.
"This is not (going to be) a manufactured home park,"
Hoag said. "We believe this will be a benefit to the community."
He told council that he, along with partners, purchased the property
in 1999 from the late Jimmy Hite and Hamp Jones.
In the four years the group has owned the property, Hoag said
they have invested considerable money in improvements, including
installing water and sewer connections.
"We have had no return on our investments," the owner
said. "With the new zoning option, this could give us a way
to get some money on the money we've spent."
Hoag said the owners had contacted numerous builders in the area
about constructing homes on the 38 lots in the subdivision.
"None of them gave us a positive response," he noted.
Allen Stevens, owner of Boston Homes, said the homes the group
planned to put in Sunnybrook were "very similar to what is
already there.
"But we can sell it about $12,000 cheaper," Stevens
said.
Hogue said that the homes would be around $70,000.
No one spoke in opposition to the application.
Council also unanimously approved the adoption of the town's capital
improvement budget for FY 2003-2008.
Town Manager Ted Daniels told council that the town's planning
commission would hold a public hearing on the budget at their
Wednesday meeting.
Raab asked Daniel whether it would be appropriate to vote on the
budget before the planning commission's hearing.
"I don't think (the planning commission) will have a problem
with it," Councilman Eric Roberts, who also sits on the commission,
said.
The budget includes general fund outlays for 2003 total $2,558,
472.
The funds for the water and sewer funds for this fiscal year total
$992,400.
In other business, council unanimously approved a resolution authorizing
the Town Finance Office to refinance the town's 1995 Virginia
Resources Authority and Rural Development bonds.
Town Finance Director Vandie Saunders said the resolution would
lower the town's payment on the bonds.
"We'll save approximately $30,000 per year, and $40,000 over
the life of the bonds," Saunders said.
The town owes around $1,258,000 to pay off the bonds.
Council also unanimously approved a motion authorizing the town
staff to proceed with the sale of delinquent real estate tax parcels
for FY 2001 and older.
Saunders pointed out that the town would be having a sale at council
chambers on February 21 to sell off property delinquent from FY
1994 and earlier.
In final business, the council unanimously approved a reappointment
recommendation naming Dewey Compton to a five-year term on the
Board of Zoning Appeals.
Craig McCargo staged a performance Monday night worthy of a
major sports network's highlight reel.
The Comets' sophomore guard sliced, diced, and drove past Coastal
Christian defenders to score a career high 37 points against the
Virginia Beach prep school.
Unfortunately, the Comets were unable to match the Hurricanes
in the second half.
Trailing the Comets 36-35 at halftime, Coastal Christian took
the lead with a 12-2 run to start the second half and cruised
from there to an 88-65 win over the Comets.
While the Comets were toppled by the nationally ranked prep school
and fell to 9-8 overall, Comets coach Garrett Dillard had plenty
to smile about, especially the performance of his sophomore guard
who came within six points of matching the Halifax County High
School single-game scoring record set by his uncle, Mark McCargo,
in 1989 against GW.
"Maybe we can start to do pay-per-view like they do for LeBron
James," laughed Dillard.
"Hopefully, we can get more people out here to watch us.
We've got a kid who puts up 37 points against a group of Division
I ballplayers and hopefully people will want to come out and see
him.
"It wasn't just the 37 points," Dillard pointed out.
"He had five rebounds and four assists that were beautiful
and had a couple of steals.
"It wasn't just about a guy shooting the basketball,"
he added.
"It was about a guy putting on a highlight film. He put on
a show on both ends of the floor."
In addition to McCargo's 37 points, 23 of which came in the first
half, the Comets got 12 points from senior Andrew Witko and eight
points and six points respectively from seniors Freddie Jeffress
and Dwight Green.
Jeremy Edmonds chipped in two points for the Comets.
Former Comets player Shamoni Faulkner, who, this season, is averaging
almost 20 points a game playing for Coastal Christian, didn't
have the best of homecomings.
Playing on his former home floor, Faulkner managed only two points.
"It felt strange playing against my old team," said
Faulkner who had a field goal in the second quarter.
"I just couldn't hit my shots. But, I guess you can't hit
them all."
For 16 minutes, the Comets played the best ball they have played
all year and gave the Hurricanes all they could handle.
The two teams were deadlocked three times in the first quarter
before the Comets, with a bucket from McCargo and a three-pointer
from Green, took an 11-8 lead with 2:11 left in the stanza.
Coastal regained the lead and went up by a four-point margin before
a layup by McCargo off of a steal allowed the Comets to cut their
deficit to two points at 15-13 at the end of the first eight minutes.
McCargo opened the second quarter by tying the game for the fourth
time.
The Hurricanes got a basket to retake the lead but the Comets
answered with three baskets, two by Jeffress and one by McCargo,
to put the Comets up 21-17 with 5:49 left in the half.
A Coastal basket and a couple of free throws that resulted from
what officials deemed as a flagrant foul on the part of Witko,
tied the game yet another time and a second quick basket by the
Hurricanes allowed them to regain the lead.
Back-to-back baskets by McCargo and Witko gave the Comets the
lead for the third time in the contest.
Halifax County kept the game close the rest of the half and used
two baskets by McCargo in the final 27 seconds to take a 36-35
lead at the half.
"We were hoping we could find something deep down inside
of us that we hadn't brought out all year," Dillard said.
"These guys (Coastal Christian) brought it out of us. When
you're pushed up against a wall and your big cousin or big brother
or whatever is ready to knock you out, you've got to find a way
to get out of it.
"These guys (Coastal Christian), some of them are fifth-year
seniors, some are Division I and junior college prospects and
this is what they do," added Dillard.
"They play 50 to 60 games a year. And, we stood up to them
and said 'in order to get this win, you're going to have to play,
you're not going to come out here and walk all over top of us.'"
The second half was a different story.
After Coastal got the first basket of the half and Witko answered
a few seconds later to give the Comets their final lead of the
game at 38-37 with 7:31 left in the third quarter, the Comets'
fortunes quickly went downhill.
The Hurricanes mounted a 10-0 run during a one-minute span to
go up 47-38.
After Green brought the Comets to within seven points with a basket,
Coastal hit a 6-0 run and took 53-41 lead with 4:15 left in the
third quarter.
Halifax County never threatened after that as they fell behind
66-48 before getting back-to-back buckets from Jeffress and McCargo
in the final 30 seconds of the quarter to make it 66-52 score
at the end of three periods.
The Comets never got any closer than 14 points the rest of the
way.
In the final two and a half minutes, the Hurricanes staged a highlight
show of their own with a bevy of slam dunks and tricky slight-of-hand
passes that left everyone in the gym gazing in awe.
"In the second half they doubled up on Craig McCargo and
that took a little bit away from us," noted Dillard.
"They threw it down inside a couple of times early and opened
up a little bit and then we got sporadic offensively."
The Comets shot 25-60 from the floor for an average of 41 percent
but were only 2-18 from three-point range, an 11 percent mark.
Halifax County reeled in 21 rebounds with Green leading the team
with eight boards, McCargo snaring five rebounds and Witko getting
four before fouling out with just over four and a half minutes
left in the game.
Thomas 'Tom' Elliott, 70, of 1048 Hogan Road, Virgilina, died
February 7 at Halifax Regional Hospital.
Mr. Elliott was born in Halifax County on March 25, 1932, the
son of the late Henry Anderson Elliott and Annie Laura Hogan Elliott
Hall, and was married to Katherine Pruitt Elliott.
He was a member of Aarons Creek Baptist Church and attended McGhees
Mill Baptist Church. He was a retired farmer and employee of H.A.
Nunn Construction Co.
Services for Mr. Elliott were held Sunday, February 9 at 2 p.m.
at McGhee's Mill Baptist with the Revs. Frankie Reaves and Jack
Stewart officiating. Burial was in Aarons Creek Baptist Church
Cemetery.
Survivors include his wife of the home; six daughters, Glenda
Elliott of South Boston, Amy Elliott, Carol Elliott and Sarah
E. Ingram, all of Virgilina, Arlene E. Campbell of Roxboro, NC
and Wilma E. Vaughan of Chatham; two sons, Fred Elliott of Alton
and Michael Elliott of South Boston; two sisters, Janie Keeton
and Marion Davis, both of Buffalo Junction; two brothers, John
Elliott of Halifax and Henry 'Peewee' Elliott of Cluster Springs;
16 grandchildren; one great-grandchild; two step grandchildren;
and one step great-grandchild.
Other than his parents, Mr. Elliott was preceded in death by two
brothers, William Anderson Elliott and Howard Stover Elliott;
one sister, Mary E. Vaughan; and one grandchild.
Roberta Ferrell Marable, 82, of 504 Cathy Sue Lane, South Boston,
died February 9 at Halifax Regional Hospital.
Mrs. Marable was born in Halifax County on January 10, 1921, the
daughter of the late Whitt Ferrell and Carrie Marable Ferrell
and was married to Percy M. Marable Sr. She was a member of New
Arbor Baptist Church, and was a retired employee of Halifax County
Public Schools.
Survivors include one daughter, Berta L. Oliver of South Boston;
three sisters, Malissa Crews of Halifax, Dorothy Hogue of Baltimore,
MD and Bessie Edmunds of Danville; one brother, the Rev. Whitt
Ferrell of Martinsville; 14 grandchildren; 26 great-grandchildren;
six great-great-grandchildren; one son-in-law, Clinton Oliver
of South Boston; two daughters-in-law, Linda Marable of Halifax
and Carrie Williams of South Boston.
Funeral services for Mrs. Marable will be held February 13 at
2 p.m. at New Arbor Baptist Church with the Rev. Nelson Stamps
officiating. Burial will follow in the church cemetery.
The family is receiving friends at the home.
Leonard Moorefield Moser, 86, of Java, died February 10 at his
home.
Mr. Moser was the son of the late Robert Moser and Ila Brown Moser,
and was married to Pauline Meadows Moser. He was a member of Java
Church of God of Prophecy.
Survivors include his wife of the home; one daughter, Kathy Moser
Younger of Danville; three sons, Calvin M. Moser, Garry L. Moser
and his wife, Janet, and Ricky V. Moser and his wife, Vickie,
all of Java; one sister, Ruby M. Perkins of Salem; one brother,
Roger F. Moser of Danville; four grandchildren, Chris, Jason,
Brian and Jeremy Moser; and two great-grandchildren. He was preceded
in death by five brothers, Fitzhugh H., Roland L., Ralph B., Elmer
A., and Bobby H. Moser; three sisters, Gracie M. Moser, Capitola
M. Shelton and Eva M. Meadows; and one grandson, Justin Robert
Moser.
Funeral services for Mr. Moser will be held at Java Church of
God of Prophecy today, February 12, at 2 p.m. with the Revs. Edward
Pope, H. Clyde Crowder and Gilbert Dunbar officiating. Burial
will follow in the church cemetery.
Carol Jean Trent, 50, of 2055 Philpott Road, South Boston, died
February 10 at her home.
Mrs. Trent was born in FL on January 15, 1953, the daughter of
the late Gene Wheeler and Wilma C. Wheeler of South Boston, and
was married to Howell W. Trent Jr.
Funeral arrangements were incomplete at press time, and will be
announced later by Brooks Funeral Home.
Survivors of Mrs. Trent include her husband of the home; her mother;
one daughter, Sandy Puryear Goad of Ringgold; one son, Mitchell
Wayne Puryear of Alton; two brothers, Michael Wheeler of South
Boston and Mark Wheeler of AL; three granddaughters, Heather Danielle
Goad, Ashleigh Michelle Goad and Katlyn Marie Puryear; and one
grandson, Ronald 'Lee' Puryear. Other than her father, she was
preceded in death by a son, Christopher Eugene Puryear.