Convicted murderer James Bryant Hudson still faces execution
on October 28 for the murder of three members of the Cole family.
The decision was made after Hudson waived all rights to appeal
to the state Supreme Court in Halifax County Circuit Court Monday.
After questioning Hudson extensively about his desire to waive
his rights to appeal, Judge Leslie M. Osborn accepted his wishes.
In the written waiver, Hudson was succinct about his wishes.
"It is...my specific desire to waive any right of appeal
to which I am entitled by the law," read the waiver signed
by Hudson. "I do not desire to have any court consider any
appellate issues which might otherwise be brought before such
court."
Although he waived his rights to an automatic appeal, Hudson's
case will still be reviewed by the state Supreme Court.
Hudson was sentenced to death on April 17 for the murder of three
members of the Cole family by Judge Osborn .
At that time, the judge set Hudson's execution date as October
28, 2003.
Following his February 7 trial, Hudson was convicted of one count
of capital murder, one count of first-degree murder and two counts
of the use of a firearm in the commission of murder.
Hudson's attorney, Public Defender Buddy Ward, requested late
last Monday a stay of execution of the sentencing order until
his client's competency can be evaluated, according to court records.
The defender argued at the time that Hudson's decision to waive
his right to an appeal of the death sentence imposed on him required
the court evaluate him further for "competency to make this
decision."
He cited an earlier case in his brief and feels that similar circumstances
exist in the Hudson case.
"Although the death sentence would be reviewed automatically...
the defendant was entitled to waive his right to request a discretionary
appeal," Ward writes. "However, the court (the Virginia
Supreme Court in the earlier ruling) also noted that they must
be satisfied that the defendant was competent to make such a decision
and ordered the matter returned to the trial court for a determination
whether (the defendant's) decision not to appeal was made voluntarily
and intelligently.
"Since it is likely that the Supreme Court will return the
case to the trial court for a psychological evaluation and a factual
determination that Mr. Hudson's decision to waive his appeal was
made competently, the wiser course would be to delay execution
of this sentence until that can be accomplished," Ward argued
in the earlier brief.
"Quite frankly, the psychological evaluation was an abundance
of caution," the defender told the judge Monday. "We
have discussed it and I'm satisfied that Mr. Hudson understands."
Osborn was specific as he questioned Hudson about his wishes.
"What we're doing here is I have to determine whether your
decision is both voluntary and intelligent," the judge said.
"Only after that do we sign off on the waiver."
He reminded Hudson that he had the right to have Ward file a motion
for appeal to the state Supreme Court.
"Have you told your attorney not to file the notice to the
Supreme Court?" the judge asked.
"Yes sir," Hudson replied.
Osborne told the convicted murderer that by signing the waiver
he would effectively negate the introduction of any more evidence
and any further rights to appeal.
"If you don't participate, the only thing the Supreme Court
will consider is those two issues (whether the sentence was excessive
in relation to the crime committed or was ordered out of passion,
prejudice or any arbitrary factor)," he said.
"There will be no coming back after this, do you understand?"
Osborn asked.
Hudson acknowledged that he was making the decision voluntarily
and intelligently.
"If you want to execute the waiver, that will be fine,"
Osborn said.
As Hudson signed the waiver of any right to appeal his case, Osborn
said the motion would be filed with the local court.
"All things scheduled will remain as set forth earlier,"
he said.
Citing personal and professional commitments, Board of Supervisors
Chairman David Martin (ED-4) announced yesterday afternoon that
he would not be seeking the seat for another term.
"I've been honored to be able to serve on the board,"
he said. "I'll miss the day-to-day working relationships
that I've been able to forge."
But time constraints demand that Martin set his priorities, he
said.
"Right now, I'm at a point where I think the priority has
to be on my family and my career," he said.
"Serving on the Board of Supervisors is one of the most rewarding
things that a citizen can do," he said. "But it's also
very demanding."
Martin and Kelly Shaw opened up an information technology company,
Pure Internet, in June, 2002.
"Due to the commitment to my family and my professional responsibilities,
I'm not going to be able to dedicate the time to service to the
community that I'd like," Martin said.
Martin is married to the former Tracy Quackenbush and has a nine-year-old
daughter, Isabella.
"My family has been very supportive of me, and I don't want
to take advantage of that support," he added.
But he was adamant that he would remain active in the community.
"There are other ways that I can serve the community,"
he said. "I serve as the president of Destination Downtown,
and that's something that's dear to my heart, so I will continue
to hold that position."
Doug Bowman said yesterday that he intended to seek the seat Martin
is vacating.
"I picked up the candidate's package today," he said.
"I guess I've done everything but make the formal announcement."
Martin expressed his full support of Bowman's candidacy.
"I think he'll make a great supervisor," he said.
A Halifax man received a seven and a half year prison sentence
Friday for drug and firearm charges following his trial in United
States District Court in Roanoke.
Thomas Wesley Cole Jr., 43, of Mountain Road, will serve his time
in a federal penitentiary, Maj. R.S.B. Pulliam of the Halifax/South
Boston Regional Narcotic Enforcement Task Force said.
"The task force had conducted a five-year investigation on
Cole for the distribution of cocaine and the manufacturing and
distribution of methamphetamine," Pulliam said.
He added that the investigation included purchases of methamphetamine
from the defendant as well as surveillance of his methamphetamine
manufacturing process.
"Cole was found to be operating a multi-state drug organization
utilizing firearms including fully-automatic firearms, violence
and intimidation to control his operation," Pulliam observed.
"Cole's drug operation distributed marijuana, cocaine, crack
and methamphetamine."
The task force arrested Cole on July 22, 2001 after the South
Boston Police Department arrested him for pistol-whipping an individual
on the side of the road, according to police reports.
"Based on the five-year investigation by the task force,
Cole was additionally arrested for two counts of the distribution
of methamphetamine and one count of possessing a firearm while
distributing methamphetamine," Pulliam said.
Shortly after Cole's arrest, all state charges were nol prossed
and federal charges were placed on the defendant.
"Since the task force investigation previously revealed Cole
was operating a methamphetamine lab at his residence on Mountain
Road, a search warrant was obtained and executed," Pulliam
said. "A methamphetamine lab was located at the residence
and secured."
The task force leader said that a lab team from the federal Drug
Enforcement Agency responded to the scene to identify and dispose
of various chemicals used in the manufacturing process.
In other police business, Henry Clifton Goods, 69, of Mason Chapel
Road in Alton, was arrested Saturday and charged with felonious
assault.
The alleged offense occurred last Monday.
Deputy S.M. Bowen was the arresting deputy.
South Boston's $14.3 million FY 03-04 budget
got one step closer to becoming official at Monday's council meeting
at Council Chambers on Yancey Street.
On a motion by Councilman Tom Raab and with a second by Councilman
Carroll Thackston, Town Council unanimously approved the $14,300,616
budget following a public hearing and first reading of the proposal.
Town Manager Ted Daniel told council that this year's budget proposal
is "7.3 percent less than last year's."
Last year's budget was based on a total general fund revenue of
$15,426,932.
"This budget balances," he said. "It proposes no
increases in real estate, personal property taxes or licenses."
Daniel told council that the only major increase in the budget
is for in-town water and sewer customers.
"The water/sewer fund is based on a five percent increase
in the in-town rate and no increase for our out-of-town customers,"
he said.
Other budget highlights include water/sewer revenues of $3,569,148,
a decrease of 23.27 percent from last year's allocation, cemetery
fund revenues of $128,411, landfill closure fund revenues of $477,030
and drug task force fund revenues of $30,635.
Daniel said yesterday that the second reading and public hearing
will be held during council's June 9 meeting.
"Council can officially approve the budget at that time,"
the town manager said.
In other financial business, council unanimously approved a resolution
allowing Daniel and Director of Finance Vandie Saunders to borrow
up to $1.5 million in anticipation of tax collection and other
revenues.
Under the terms of the resolution, any borrowed money "shall
mature and be paid within one year of execution."
Daniel said that the town has received grants to assist with some
capital projects, but the grants stipulate that the town spend
the money first and be reimbursed at a later date.
"With the large grants that we have on the Prizery and the
water/sewer grants, we're looking at millions of dollars,"
Daniel said. "This will allow us to assist the Prizery in
obtaining interim financing."
Council also authorized Daniel and Saunders to use up to $500,000
of that $1.5 million to assist the Community Arts Center Foundation
(CACF) in meeting their initial fund raising and tax credit expenses.
"They need that money to get some other monies that are available
to them," Saunders explained during council's April work
session. "It's kind of like 'we'll give you some money but
you need to have some of your own.'"
Council also approved an allocation up to $4,000 to add 20 new
light fixtures at the C.H. Friend Elementary School football field.
Daniel told council that the field would be used for multiple
purposes throughout the school year.
"In addition to the numerous tournaments, the high school
football team will be using the field for practice while their
field is being renovated," he said.
The town committed to a third of the total cost, with the other
two-thirds being paid by Dixie, Inc., and the school system.
Councilman Chris Elliott abstained from voting on the expenditure
because his firm is bidding on the project.
Pambid Hearing
Town council nixed a request from Vilma Pambid to rezone 611 Watkins
Avenue from residential to general industrial.
Pambid had wanted to use the property for a beauty salon, but
a packed crowd in opposition forced council to consider other
options.
Speaking in favor of the zoning change, Dr. Leo Pambid told council
that the current zoning prohibited any use of the property.
"Three years ago, we came before this respectable body for
the purpose of conditionally zoning this small commercial property
since general commercial business zoning would constitute spot
zoning at that time," he said. "It was approved to operate
as a restaurant/diner with the condition that it will not operate
a business with a Virginia ABC license. However the operation
was never resumed."
Pambid told council that he was losing money due to the zoning
restrictions.
"Several motivated individuals have inquired if they can
rent the space," he said. "They have different ideas
or businesses in mind besides diners or restaurants. We do not
have the flexibility to do any of these.
"We've missed all these opportunities as this property was
restricted and conditionally zoned only to operate as a diner,
restaurant or bakery," the property owner said.
"Give us the opportunity to help other aspiring people. Give
us the opportunity to contribute help in the development of this
community. I ask you gentlemen to give us that flexibility and
I will give you a productive property as well as a productive
citizen," Pambid concluded.
But the standing-room-only crowd, many of whom live and worship
in the neighborhood, weren't convinced.
"We oppose rezoning this property because we feel it would
cause a disturbance to our worship service and our programming,"
said the Rev. William Boulden, pastor of Mizpah Presbyterian Church.
"There's a possibility of traffic and noise that could affect
the church service and programs.
"We don't have a problem with the property having a business,"
he said. "We just have a problem with the type of business
she (Pambid) wants to use."
Gwendolyn Smith Mangum, representing the First Baptist Church
on Ferry Street, said she didn't have a problem with the possibility
of a beauty shop.
"Our problem is zoning it for general industrial with no
conditions," she said. "We as human beings can change
our minds. Tomorrow it could be something else because once it's
rezoned it's rezoned.
"We are opposing the rezoning with no conditions," Mangum
added. "We aren't trying to stifle the growth and development
of our city, but we want to make a decision tonight that we can
live with."
Resident Clarence Ross said that rezoning the property would constitute
spot zoning.
"You should think about the whole community, not just the
money," Ross said.
In rebutting the charges by members of the community, Dr. Pambid
assured the crowd that he didn't want the property to have an
adverse effect on the surrounding neighborhood.
"This is my neighborhood also," he said. "I hope
you understand that I'm not going to do anything to jeopardize
the peace in our neighborhood."
Following the public hearing, council members attempted to find
a way to appease both sides.
"Could a stipulation that no alcoholic beverages be allowed
on the property be attached?" Councilman Eric Roberts asked.
Daniel said that with the current request, the only decision was
to change the zoning of the property.
"They're asking for the simple rezoning of the property,"
he said. "They can come back and ask for a conditional zoning."
"So our decision tonight is to zone the property M-1 or do
nothing," Roberts said. "I think the challenge is to
say either yes or no. The zoning laws don't allow us any middle
ground."
Following a discussion on the issue, Councilman Ed Owens moved
to "refer back to the planning commission at no cost to the
Pambids. They can work it out with the neighbors and come back
to us with an acceptable proposal."
Owens' motion passed with Roberts casting the lone dissenting
vote.
Other Hearings
In other public hearings, council voted unanimously to rezone
a portion of Ragland Street that was formerly part of the Tultex
property from residential and general industrial.
"Eventually we'd like to use some of the property for overflow
parking so the church can use the property as well," Daniel
said. "It shouldn't have been rezoned for residential in
1999. We're trying to correct that."
Council also unanimously approved a special use permit application
from Halifax Regional Hospital to construct a one-story addition
to house support operations for a new loading dock on the north
side of the property.
Members of council also approved a request from the South Boston
Fire Company to close and abandon the unopened portion of Grove
Avenue adjacent to their activity building.
Nothing is coming easy this season for the Comets varsity softball
team, but they have made plays when it counts most to stay in
the thick of the Western Valley District race.
Monday's 4-2 win here over district opponent Patrick Henry followed
that pattern, as the Comets had to stop a Patriot rally that cut
a four-run lead to two in the last inning.
The win gave the Comets a 4-2 record in the Western Valley District
with games remaining against district opponents E.C. Glass and
GW , both at home.
The varsity softball team is 7-7 overall.
Lindsey Hastings led the Comets going two for three at the plate,
while Nikki Fountain, Mashonda Dismuke and Kim Ford collected
the other hits, all singles.
Kristi Myer started on the mound and pitched six strong innings,
before Emily Pool came on to relieve in the top of the seventh
when Patrick Henry rallied for its two runs.
Myer allowed two runs on seven hits, while fanning eight batters
and walking two, while Pool came on with a runner at first and
no outs in the seventh inning.
Pool struck out two of the four batters she faced, with one walk
issued.
"Kristi did a great job of pitching, and Emily came on to
finish the game," said Comets coach Melanie Saunders.
"She (Myer) did an excellent job on the mound. They got hits
off her, but we played well defensively."
The game was a continuation of a contest that began Friday, but
was called due to weather after the Patriots batted in the first
inning.
"We got the win and the win was good, but we were just flat
today," said Saunders.
"Maybe, it was coming off the weekend and not being able
to practice, but we still we have to come out and have the same
momentum we built against Franklin County," (a big 5-1 road
win last week) said Saunders.
Much of the momentum gained from that win wasn't evident Monday,
particularly at the plate, according to Saunders.
Hastings and Ford got two key double plays and catcher Jamie Anderson
nailed a runner attempting to steal second to keep the Patriots
at bay, as the Comets defense played another overall good game.
The Comets hitting was another matter.
"We were flat the whole game, and we need to be a team that
can pick up and maybe take a couple of innings to get momentum
back," Saunders explained.
"The bats were real flat, and we weren't making any adjustments
at the plate.
"We should have gotten a lot more hits than we got today."
The Comets took advantage of alert baserunning to lead 2-0 after
one inning.
Leadoff batter Amanda Rogers was hit by a pitch and advanced to
second on a passed ball.
She went to third on a Fountain groundout, and came home on Hastings'
sharp single up the middle.
Hastings stole second, one of four stolen bases for Halifax on
the day, and took third on a wild pitch before Dismuke drew a
walk to put runners at the corners.
Dismuke stole second before Myer hit a sacrifice fly to score
the second Comets run, with Dismuke going to third.
A strikeout ended the inning.
The Patriots put their leadoff batters on base in the third, fourth
and fifth innings, but the Comets defense responded each time
to keep them off the scoreboard.
The leadoff batter for Patrick Henry singled and stole second
in the third, but was erased on an interference call after the
next batter grounded to short, leaving a runner on first.
Myer struck out the next hitter, and Anderson completed the double
play by firing a strike to second base to nail the runner attempting
to steal.
A Comets fielding error and a single put Patriots runners at first
and second in the fourth inning, before Myer got a key strikeout
for the first out.
Hastings snagged a liner off the bat of the next batter, and tagged
the runner going to third for a double play to get the Comets
out of the inning.
The first Patriots batter in the fifth inning drew a walk, before
the second batter hit a sinking line drive to center field.
Ford charged the ball, caught it and quickly threw to first to
catch the Patriots runner off the bag and complete the double
play.
Myer got another strikeout to end the inning.
The Comets failed to score after back-to-back singles by Fountain
and Hastings in the third, before adding a run in the next inning.
Ford singled with one out, stole second, advanced to third base
on Anderson's groundout, and scored on a wild pitch to make the
score 3-0 after four innings.
Halifax took advantage of a Patriots fielding error, a wild pitch
and a passed ball to score another run in the sixth inning, but
the damage could have been greater.
Cari Clark drew a walk to start the inning, advanced to second
on a wild pitch, then took third on a passed ball.
Jasmine Parker hit a slow roller to second, which was fielded,
but dropped at first for an error, scoring Clark with the Comets'
fourth run of the game.
Parker stole second and Anderson walked, and after a strikeout,
a double steal by Parker and pinch runner Beth Throckmorton put
runners on second and third.
Two consecutive groundouts got the Patriots out of the inning.
Things got tense in the top of the seventh, after the first two
Patriots batters singled to put runners on first and third.
A throw to second to stop an attempted steal got away, with the
runner at third scoring the first Patriots' run, and the other
runner ending up at third.
She scored on another single to slice the advantage to 4-2, before
Pool relieved Myer.
Pool fanned the first two batters, issued a walk, and got a groundout
to end the game.
The Patriots collected seven hits to outhit the Comets, and Saunders
hoped the team would improve at the plate the last two critical
games.
"We have to get the bats going, need to get the momentum
going again," said Saunders, adding her team would not be
looking past E.C. Glass (last night) to Friday's big game here
with GW.
Ruby Ann Hall, 78, of 1109 Edmunds Street,
South Boston, died May 11 at Halifax Regional Hospital.
Mrs. Hall was born in Halifax County on August 5, 1924, the daughter
of the late Henry Thomas Hall and Nora Waller Hall, and was married
to Malcolm Hall. She was a member of Main Street United Methodist
Church.
Survivors include two daughters, Bonnie Ann Ferguson of Colterville,
CA and Wanda R. Ferguson of Richmond; three sons, Sherman O. Ferguson
of Apex, NC, Van B. Ferguson of South Boston and Dean T. Ferguson
of Gordonsville; one brother, Richard Hall of Nathalie; two grandchildren;
and four great-grandchildren. Mrs. Hall was also preceded in death
by two brothers, Lacy and Grover Hall; and one grandchild.
Graveside services will be held today, May 14, at 2 p.m. at Oak
Ridge Cemetery with the Rev. Doug Martin officiating.
Robert Glascock Jr., 72, of 1201 Seventh
Street, Virgilina, died May 10 at Halifax Regional Hospital.
Mr. Glascock was born in Halifax County on May 28, 1930, the son
of Robert W. Glascock and Ruby Tuck Glascock. He was a member
of Union United Church of Christ, and was a retired clerk with
Southern Parts of Roxboro, NC.
Graveside services were held May 13 at 11 a.m. at Virgilina Cemetery
with the Rev. Charles Lowery officiating.
Surviving Mr. Glascock are three sisters, Linda G. Miller, Sandi
G. Sutton and Judy G. Mackey, all of Greensboro, NC; one brother,
Sam Glascock of Americus, GA; and a number of nieces and nephews.
James Leon Daniels, 89, of Old Grubby Road,
South Boston, died May 12.
Mr. Daniels was born in Halifax County on July 26, 1913, the son
of the late William T. Daniels and Mary Easley Daniels and was
married to the late Rosa Martin Clark Daniels. He was a member
of St. Luke CME Church.
Survivors include one brother, the Rev. S. Eugene Daniels of Temple
City, CA; one daughter-in-law, Vivian Clark of South Boston; four
grandchildren; seven great-grandchildren; a friend, Louise Martin
of South Boston. He was preceded in death by one sister, Aretha
Potts; and three brothers, William, Harold and Robert Daniels.
Funeral services for Mr. Daniels will be held May 15, at 11 a.m.
at St. Luke CME Church with the Rev. Jesse Moore officiating.
Burial will follow in the church cemetery.
The family is receiving friends at the home of Brenda and Andrew
Richardson, 1074 Old Grubby Road, South Boston.
Edna Smoot Henderson, 96, of South Boston,
died May 11 at Twin Oaks Convalescent Home.
Mrs. Henderson was born in Lynchburg on December 7, 1906, the
daughter of Clarence E. Smoot and Edna Thompson Smoot, and was
married to Herbert Edwin Henderson. She was a member of McCanless
Memorial United Methodist Church where she was a member of the
Women's Society of Christian Service.
Survivors include one son, Carl Edward Henderson and wife, Pauline,
of Vernon Hill; two daughters, Elyle H. Cole and husband, Keister,
and Betty H. Terry and husband, Nathaniel, all of South Boston;
eight grandchildren; eight great-grandchildren; two sisters, Doris
S. Thomas and Mary S. Saunders, both of South Boston; two brothers,
William Lee Smoot of Halifax and Ernest L. Smoot of Greensboro,
NC. She was preceded in death by one grandson, C. Gray Moore Jr.;
and two brothers, Clarence W. and Edward L. Smoot.
Funeral services for Mrs. Henderson will be held today, May 14,
at 2 p.m. at Powell Funeral Home Chapel with the Rev. David Adkins
officiating. Burial will take place in Oak Ridge Cemetery.
George Ernest Steube II, 78, of 1117 Watkins
Avenue, South Boston, died May 11 at Halifax Regional Hospital.
Mr. Steube was born in Halifax County on December 6, 1924, the
son of Edward Steube and Myrtle Talbott Steube and was married
to Myrtle Saunders Steube. He was a member of McCanless Memorial
United Methodist Church, a Veteran of WWII, a member of American
Legion Post 8, Faulkner Memorial Masonic Lodge #91, Eastern Star
#8, and the Woodmen of the World Lodge 106 & 136.
His survivors include two daughters, Mavis S. Phillips and husband,
Charles, of South Boston, and Joan S. Todd and husband, Bill,
of Roanoke; three grandchildren, Christy P. Lloyd and husband,
Travis, Karen D. Phillips, all of South Boston and Kacey C. Phillips
of Front Royal; one great-grandson, James Dillon Anderson of South
Boston; two sisters, Rosalie S. Woltz of Buffalo Junction and
Frances S. Elliott of Halifax.
Funeral services for Mr. Steube will be held tomorrow, May 15,
at 11 a.m. at Powell Funeral Home Chapel with the Revs. Jack Stewart
and Don Davidson officiating. Burial will take place in Oak Ridge
Cemetery with Military and WOW Rites.
The family will receive friends at the funeral home this evening
from 7:00 until 8:30, with Masonic Rites at 7:00. Other times
the family will be at the home.
Those wishing to give memorials are asked to consider the Halifax
Cancer Association, PO Box 875, South Boston or McCanless Memorial
United Methodist Church Memorial Fund.
Lillian Anderson Taylor, 70, of 1162 Quarles
School Trail, Nathalie, died May 9 at her home.
Mrs. Taylor was born January 22, 1933, in Sparta, NC, the daughter
of Hershal Anderson and Josephine Anne Wright Anderson Boyd.
She lived most of her life in Alexandria and Nathalie and has
resided in Danville earlier in life. Mrs. Taylor was employed
in the tobacco business for 20 years and as a computer operator
for 10 years with Nichols & Elliott Contractors, Inc., a tobacco
shipping company.
Survivors include one son, William G. Arnold of Nathalie; two
daughters, Sandra Anne Lawrence of Frankford, KY and Sherry Lynn
Hyler of Danville; two brothers, Aubrey Anderson of Accokeek,
MD and Dennis Anderson of St. Charles County, MI; five grandchildren,
Aaron, Emily, Whitney, Kyle and Joshua; her first husband, William
G. Arnold of Clinton, MD; two sons-in-law, Robert Hyler and Ed
Lawrence.
A funeral service for Mrs. Taylor will be held May 15 at 11 a.m.
at Swicegood Funeral Home Chapel in Danville with the Rev. J.
Richard Markham officiating. Burial will be private.
The family will receive friends at the funeral home Thursday morning
from 10:00 until 11:00 prior to the service, and other times at
1 Laurel Avenue, Danville.