By SONJA BARISIC
Associated Press Writer
VIRGINIA BEACH, Va. (AP) - The U.S. Supreme Court has rejected an appeal by North Carolina in the latest legal challenge over water diverted from Lake Gaston.
The court, without comment Monday, let stand a ruling that nearly half the states say wrongly restricts their power to impose water-quality standards on federally licensed projects.
At issue was whether North Carolina's clearance was required for a Virginia pipeline that reduced the flow of water from the dam that created Lake Gaston and a hydroelectric generating station. Both the dam and the station are in North Carolina.
The Federal Energy Regulatory Commission in 1995 allowed Virginia Power to divert 60 million gallons of water a day from a tributary of the lake on the North Carolina-Virginia border. A 76-mile pipeline provides water for water-starved Virginia Beach.
''We got all the permits we need. We don't need any more, and there aren't any more appeals,'' said Scott Hart, a lawyer representing Virginia Beach in the case. ''The pipeline is running. It's over. ... It's been litigated so many times, enough's enough.''
Virginia Attorney General Mark Earley said the pipeline helps ensure a safe and adequate water supply for Virginia Beach.
''Today, the Supreme Court has reaffirmed Virginians' right to protect and continue this important project which benefits families throughout Hampton Roads,'' Earley said.
But Alan Hirsch, special deputy attorney general in North Carolina, indicated that the battle may not be over.
Hirsch said the FERC permits for the hydroelectric power project expire in January 2001 and the permits for the pipeline will expire at the same time.
''All Virginia Beach got in what they did was a three-year permit,'' Hirsch said. ''In terms of the future, all the options remain open.''
State officials are studying the hydroelectric project to determine the best way to protect the economic and environmental needs of North Carolina, Hirsch said.
''In the year 2001, North Carolina will have very strong rights with respect as to how the project is to be operated,'' he said. ''.... I don't think anybody is suggesting we shut down the project ... but the state does have the authority to set whatever conditions it believes are appropriate.''
Getting rid of the pipeline could be such a condition, Hirsch said.
''We believe the water that is being taken is being taken without real need,'' he added.
The pipeline was completed in November after more than a decade of legal challenges. As a result, Virginia Beach has lifted restrictions on outdoor water use.
Pipeline opponents, including North Carolina and residents of the Roanoke River basin in which Lake Gaston lies, had contended that Virginia Beach should not be allowed to draw water from Lake Gaston without North Carolina's permission.
The federal Clean Water Act gives states broad authority to impose their own water-quality standards on activities that may result in discharges into navigable waters.
FERC concluded that North Carolina's clearance was not required for the pipeline because the Clean Water Act governs only discharges that involve adding a substance to the water.
The U.S. Circuit Court of Appeals for the District of Columbia upheld FERC's decision, and North Carolina then appealed to the nation's highest court.
The appeal was supported by 21 other states.
Candidates for mayor and council in the towns of South Boston, Halifax, Clover and Virgilina have just one week left to qualify for the May 2 election while voters, those who must register, have until April 6.
As of late yesterday, not a single candidate in the towns of South Boston or Halifax had qualified while in Virgilina, nine persons are already in line and indications are more will follow.
Of the five incorporated towns in Halifax County, only Scottsburg is without an election in May.
South Boston's newly annexed territories have yet to receive the blessings of the Department of Justice and until that happens, neither the voters nor aspiring candidates for council or mayor will be able to exercise their constitutional rights. County Registra Judy Meeler said yesterday that her office has entered into computers all the new voter information and once told to do so, can notify voters before the April 20 notification deadline passes.
Those factors are obviously not stopping some incumbents and newcomers from circulating petitions and collecting the required 125 signatures in South Boston. It is known that incumbents Josephine Marshall and W.C. "Buddy" Ward are both seeking reelection while the third incumbent, H.W. "Bill" Stark, will not be running for another term.
Others known to be qualifying in South Boston are Tom Raab and Ed Owen.
South Boston had a total of 3,501 registered voters as of January 30, 1998.
Halifax
Halifax's incumbents whose seats are up for reelection include Mayor Dennis Osborne and council members Jack Dunnavant, David Guthrie, Sam Thompson and Cabel Daniel
Virgilina
As of late yesterday, incumbent Mayor Stover Long will face opposition from Lessie R. Hughes who currently holds a seat on town council. Others to file include incumbents Lois Tuck Long, Sue N. Long, Beverly S. Murray, Thomas Keith Tuck Jr. and R. Michael Glasscock. Newcomers filing for council in Virgilina so far are Rufus Edward Chandler Jr. and Kate T. Cosner.
Clover
All five council seats along with the office of mayor are up for reelection in May and filing thus far are incumbents Shelby D. Newcomb and E. Ray Nichols. Other incumbents are Mayor Debbie Griles, Warren Bowen, Leo Noblin, and Roosevelt Garrett.
Persons interested in filing for the elections should contact the State Board of Elections or County Registra Faye Meeler for more information
The fund-raising drive is underway and the Halifax County War Memorial Committee continues to seek names of local soldiers killed in war for inclusion on a memorial to be erected on courthouse square.
The memorial will honor soldiers who died as a result of military service in war or conflicts from the Revolutionary War to Desert Storm.
The committee has collected 625 names and will publish the list in next Monday's edition of the Gazette-Virginian as it seeks assistance from the families and relatives of fallen soldiers.
A monument design proposal and site plan are being forwarded to a state Historic Resources office for review.
The Monument Design Committee chairman is Larry Clark, who also serves as Commission vice president. Ronnie Guthrie heads the Research Committee and Brodnax Robertson serves as Commission chairman.
The committee hopes to raise approximately $125,000 to erect the monument. Contributions are tax-deductible and should be made payable to Halifax County War Memorial Fund and may be mailed to the Halifax County War Memorial Commission, P.O. Box 310, Halifax, Virginia 24558. Donors will receive a receipt from the Commission for their tax records.
Overall Finance Committee chairman Cleve Wilborn has formed divisions for the fund-raising effort with committees targeting industry military, school, professional and other specialized groups.
The monument will be dedicated to the memory of the men and women who answered their country's call to arms in wars and conflicts and who made the supreme sacrifice.
"Their names will be engraved on this memorial to ensure that they will never be forgotten by future generations," explains the Commission's new brochure.
The brochures are available at the Halifax Courthouse clerk's office and will be available at the South Boston-Halifax County Museum of Fine Arts and History this week.
Commission Steering Committee members include the Hon. Howard P. Anderson, Del. W.W. Bennett, Larry Clark, Bobby Conner, Jack Dunavant, Ronnie Guthrie, Pete Myers, Commission treasurer Marvin Oakes, Douglas Powell, Jimmy Reaves, Gatha Richardson, Commission secretary Linda Shelton, the Hon. Frank Slayton, assistant Commission treasurer Sarah Spell, Major General Carroll Thackston and Cleve Wilborn.
Members appointed by Board of Supervisors include Richard Hall, Wash and Debbie Glover, O.B. Tate, William H. Akers, R.D. Snead Jr., Lawson W. Osborne, Kenneth Irby and R.L. Smart Jr.
Two felony charges, including rape, were filed Tuesday morning against a Love Shop man, according to the Halifax County Sheriff's Department.
Jerry Eugene Coleman, 29, allegedly abducted and raped a 16-year-old female juvenile on Rt. 726 (Coleman Road), just southeast of Scottsburg, police said.
Coleman picked up three juveniles from a residence in South Boston on Monday evening, then drove them to a residence near Scottsburg, according to the investigation.
The victim later came back to the car, where she was allegedly abducted by Coleman who then drove away from the home, police said.
Meanwhile, the two juveniles who stayed at the residence became worried and reported the abduction to police. Deputy S.A. Jennings drove to the Scottsburg area and made a traffic stop of Coleman's vehicle at 11:39 p.m., according to the investigation.
At first, the girl made no statements to him, but after taking her to the Halifax Regional Hospital, she related what she said had happened, police said. The juvenile was treated and released from the hospital.
Jennings arrested Coleman Tuesday morning. He was charged with felony counts of rape abduction.
Coleman is currently being held in the Halifax County Jail on a $25,000 bond pending his trial in the Halifax County Juvenile and Domestic Relations Court on February 25.
For the second time this year, a Halifax County Circuit Court Jury has recommended a long prison term for a person convicted of cocaine distribution.
In a jury trial held Friday, Johnnie Maryland "Mule" Jones, 46, of Alton was found guilty of a felony count of distribution of cocaine and a felony count of conspiracy to distribute cocaine.
Jones was arrested last September by agents of the Tri-County Regional Drug Task Force during "Operation Fall Harvest." Over 120 people were arrested in the drug sweep which culminated an 18-month undercover investigation.
Jones was convicted of selling $100 of crack cocaine to an undercover operative during the early morning hours of November 13, 1996.
His defense attorney, Christy Malliet, contended that the task force agents misidentified Jones and that the person who delivered the crack was not him.
Assistant Commonwealth's Attorney Jonathan Turner, who prosecuted Jones, stated that despite an initial occurrence of having a wrong name on a report, task force agents went through a careful process of determining that Jones actually delivered the cocaine.
The jury returned the guilty verdicts in less than fifteen minutes. They recommended that Jones serve 10 years in prison on each count for a total of 20 years in prison.
Jones will be formally sentenced by a circuit court judge in the next term of court.
The recommended sentence follows the January 9 conviction of Dwayne Keith Hutcherson, 23, who was sentenced by a circuit court jury to a total of 20 years for cocaine distribution and 20 years for conspiracy to distribute cocaine for a total of 40 years in prison.
Also arrested during "Operation Fall Harvest," Hutcherson was represented by defense attorney Jonathan Green.
"I think this clearly shows that law-abiding citizens in Halifax County are completely fed up with drug dealers," commented Halifax County Commonwealth's Attorney John Greenbacker Jr. "In fact, I think they always have been."
However, the implementation of statewide sentencing guidelines by the Virginia General Assembly has hindered judges from handing down such long prison terms to drug dealers when they hear cases, according to Greenbacker.
"These sentencing guidelines are simply ridiculous," Greenbacker said. "They're out of whack with what the wished of citizens."
Greenbacker, as a member of the Virginia Association of Commonwealth's Attorneys, drafted a resolution to recommend stiffening the guidelines. The VACA passed the resolution and will forward the resolution to retired-Circuit Court Judge Ernest Gates, who heads the Sentencing Guidelines Commission.
"Drug dealing offenses should be more in line with violent crime," Greenbacker said. "Drug dealing often goes hand in hand with violent criminal activity...and I believe that juries in Halifax County know that."
Guilty pleas from two women were entered Friday in the Halifax County Circuit Court in two separate cocaine distribution cases.
Far from the stereotypical cocaine dealer, the two white women in their forties and fifties represent the transcending nature of cocaine in today's society, according to court and police officials.
"The drug abuse problem in this country is indeed staggering," commented Halifax County Commonwealth's Attorney John Greenbacker Jr. "It stands to reason that in any enterprise that generates billions of dollars in annual revenue, there's going to be people of all backgrounds who unfortunately get involved."
Betty Estes Conner, 51, of South Boston pleaded guilty to four felony counts of distribution of cocaine (powder). The incidents occurred on April 10, April 11, May 28, and June 4 of 1997.
The undercover drug buys were conducted by agents of the Tri-County Regional Drug Task Force. She was arrested in September, 1997 during the resulting drug sweep which was called "Operation Fall Harvest."
Conner was released on bond after entering her pleas of guilt, pending her sentencing hearing scheduled for March 16.
In Friday's other case, Rhonda Throckmorton Blackmon, 42, of South Boston pleaded guilty to a felony count of distribution of cocaine and a felony count of conspiracy to distribute cocaine.
She was charged with selling $50 of powdered cocaine to an undercover operative on October 4, 1996. Blackmon, who was also among those charged in"Operation Fall Harvest" turned herself in on October 12, 1997.
Blackmon faces two additional felony charges of cocaine distribution and conspiracy which is scheduled for trial at a later date.
After pleading guilty Friday to the first two charges, Blackmon was allowed to go free on bond pending her sentencing hearing scheduled for March 16.
"Anyone who thinks illegal drug distribution or abuse is confined to any one group of people is totally misinformed," reflected veteran Narcotics Investigator Richard Pulliam, a member of the Tri-County Regional Drug Task Force. "It can happen to anybody."
Naomi Best of Elizabethtown, KY died Saturday, February 21, 1998 in Kentucky at the age of 83.
Mrs. Best was born in Glendale, KY on March 22, 1914. She was married to Carlton Otto Best. She was a member of the Church of the Lord Jesus Christ of The Apostolic Faith in Louisville, KY, where she served as the Church Mother and Supervisor of the Women's Conference.
Survivors include two daughters, Bonnie Compton and Prince Ella Ralston, both of Glendale; six sons, Charles Best, Ernest David Best and Delbert Boise Best, all of Glendale, Bobby Lee Best of OK, Eddie Clifton Best of Elizabethtown, and Lionel Best Sr. of Alton; five daughters-in-law, including Rita Jo Best of Alton; two sons-in-law; a host of grandchildren, great-grandchildren and other relatives and friends.
Graveside services for Mrs. Best will be held Thursday, February 26 at 11 a.m. at the Best family cemetery in Glendale.
The family will receive friends at Purcell's Funeral Home in Elizabethtown
tonight, February 25 from 6 until 9:00.
Harry Wilson 'Pete' Abernathy Jr., 56, of McKenney, died February 22, 1998 at his residence.
He is survived by his wife, Janie Marie Hall Abernathy; two children, Rose Anne-Marie 'Amy' Abernathy of Virginia Beach and Harry W. 'Billy' Abernathy III of Virginia Tech; two sisters and their husbands, Marilyn and Mark Dyer, Shelly and Oliver Noveno, all of Virginia Beach; two brothers and their wives, John Wayne and Susie Abernathy of Chesapeake and Christopher and Rhondia Abernathy of McKenney; four nieces and nephews, Ian, Brittani, Kim, and Oliver.
Funeral services for Mr. Abernathy were conducted at 2 p.m. Tuesday, February 24 at Williams Funeral Home in Lawrenceville.
Memorials may be made to Patrick Henry Boys Home, Brookneal.
Tom 'Tink' Chandler Jr., 34, of Crystal Hill Road, Crystal Hill died Saturday, February 21, 1998 at Halifax Regional Hospital.
Mr. Chandler was born in Halifax County on January 21, 1964 the son of Tom and Janis Be. Chandler. He attended New Hope CME Church, served in the United States Marine Corp, and was employed by Mays Electric Company.
In addition to his parents, he is survived by a sister, Angela C. Traynham of Alton; two nephews, Darrell and E.J. Chandler, both of Alton; a devoted cousin, Tamla Gilliam of Richmond; a very devoted friend, Sandra E. Bailey of Scottsburg; a god-son, Derrick Michael Bailey of Scottsburg, and other relatives and friends.
Funeral services for Mr. Chandler will be held Thursday, February 26 at 1 p.m. from Crawford-Garrett and Burton Funeral Chapel by Rev. J.E. Traynham. Burial will be in the Chandler family cemetery.
The family will receive friends at the home, 1149 Crystal Hill Road.
Mary Fannie Marable of 307 Ragland Street, South Boston died Saturday, February 21, 1998 at Halifax Regional Hospital. She was 76 years old.
Survivors include her husband, Joseph Marable; one daughter, Joan H. Johnson; one son, Joseph M. Marable; one granddaughter, Jonita Marable; one grandson, Joseph Marquel Marable; one great-grandson, Jairus Marable; one sister, Irene Goggains; one son-in-law, Eddie Johnson; one daughter-in-law, Jane Marable; and other relatives and friends.
Funeral services for Mrs. Marable will be held Friday, February 27 at noon at First Baptist Church, Ferry Street, with Dr. Allan G. Smith officiating. There will be a viewing at the church starting at 11 a.m. on Friday, until the service begins.
Fannie Slate Williams of King's Grant, formerly of Oakdale Street, Martinsville, died Friday, February 20, 1998 at King's Grant.
Mrs. Williams was the daughter of William Clem Slate and Elizabeth Hall Slate and was married to David W. Williams. She was a member of First United Methodist Church of Martinsville and was a Home Economics teacher at Martinsville High School for several years.
Survivors include a daughter, Jane Ballard Williams of Vizcaya, Spain; one son, David Slate Williams of Orlando, FL; and four grandchildren.
Graveside services will be held today, February 25 at 2 p.m. at Roselawn Burial Park with Rev. Thomas Herndon officiating.