Halifax County Commonwealth's Attorney John Greenbacker said yesterday that despite reported claims to the contrary, he has made no decision about seeking the death penalty against James Bryant Hudson.
Hudson was arraigned Monday in Halifax County Circuit Court for the shotgun slayings of three members of the Cole family in the Hyco community.
Judge William L. Wellons denied Hudson's request for a court-appointed attorney, saying he has too many assets to qualify.
According to a financial statement signed by Hudson on July 8, his total assets are valued at $60,400.
Wellons ordered Hudson to secure counsel on his own.
Hudson is scheduled to appear before Wellons on July 23 with counsel.
Greenbacker said there are still too many questions to determine if the death penalty will be sought by the commonwealth.
"I think it's premature to discuss this until I get all the reports and find out what's happening," Greenbacker said.
But he added that if the circumstances determine that the case falls within the law, his office would likely seek death in the triple murder.
"It's important to remember that initial charges are not final charges.
"You can rest assured that Hudson will be charged in such a manner that will cover every factual scenario in the case," the commonwealth's attorney said.
Hudson, 55, was arrested Thursday following a 23-hour manhunt.
He has been charged with killing Thomas Wesley Cole, 64, Patsy Ayers Cole, 64, and Walter Stanley Cole, 56.
Officers recovered a Browning automatic shotgun, several loose shells and a box of shells, along with a .38 cal. revolver, speed loader and box of ammunition at the arrest scene.
Hudson has been charged with one count of capitol murder, two counts of first degree murder and three counts of the use of a firearm in the commission of a felony.
Law enforcement officials speculate that a long-standing dispute over property rights may have led to the violence.
Although there are court records of disputes between the two families, Maj. R.S.B. Pulliam said yesterday that any claims of a motive was purely speculation.
"Only God knows what caused him to snap," Pulliam said.

A 19-year-old Nathalie man was sentenced Monday in Halifax County Circuit Court to 15 years in prison for aggravated sexual battery of a juvenile.
Jeffrey James Lyons will serve an effective three year, four month prison term, the remainder suspended by Judge William L. Wellons, conditioned on Lyons' good behavior for 15 years following his release.
The court additionally ordered Lyons to be placed on probation for three years, to receive treatment for sex offenders as needed, and to have no contact with his victim or the victim's family members.
Lyons was ordered by the court to register as a sex offender.
· Theresa Brown Bailey, 32, of South Boston, was sentenced last week to five years in prison for enhanced petty larceny.
Judge Wellons suspended all but 12 months of Bailey's sentence, conditioned on her good behavior for five years, and authorized work release for Bailey, if she qualifies.
The court additionally ordered Bailey to be placed on probation for two years, to abstain from illegal drugs and to undergo random drug tests.
The court ordered Bailey to pay restitution in the amount of $28.29 to Wal-Mart.
· A 15-year-old youth entered an Alford plea Tuesday to an amended indictment of attempted rape.
Under terms of an Alford plea, the defendant does not admit guilt but realizes prosecution evidence would make a finding of guilt at trial almost a certainty.
The commonwealth nol prossed two additional charges against the youth, including breaking and entering with the intent to commit a felony and abduction.
Judge Wellons ordered the defendant to have no contact with his victim or his victim's family, and ordered post trial supervision through Halifax-Pittsylvania Court Services (HPCS) until a sentencing date in the next term of court.
The youth is free on bond until that time.
· Albert Wendell Sanford, 40, of South Boston, had 12 months of a suspended prison sentence reimposed last week for a previous probation violation.
The court authorized work release for Sanford if he qualified, and ordered him to be placed back on probation with HPCS following his release.
· Gerald Edward Miller, 46, of South Boston was convicted last week of a probation violation.
The court deferred disposition of Miller's case to a October 28 docket call for the November term of court, and ordered him to pay a minimum of $400 on the first day of August and the first day of each succeeding month, followed by court costs and restitution.
· Cornelius Antwan Green, 26, of South Boston, was convicted last week of a probation violation.
The court continued Green's case to a docket call on October 28 call for the November term of court, and ordered Green to pay $50 each month in court costs, to be due on the first day of each month.
· Clyde Lee Faulkner, 32, of South Boston, was convicted last week of a probation violation.
The court deferred imposition of Faulkner's sentence until September 3 in order for Faulkner to be evaluated for the Detention and Diversion Centers.
· Christy Gail Lloyd, 28, of South Boston, was convicted last week of a probation violation.
The court revoked, reimposed and resuspended all of Lloyd's suspended prison sentence, and ordered her to remain on probation until March 2003.
· Teresa B. Griles, 37, of Red Oak, had two charges alleging she obtained drugs by fraud dismissed Monday by the court upon payment of court costs.
· Willie C. Nero, 55, of Paducah, Ky, was convicted in absentia Monday of speeding 70/55 MPH zone, a misdemeanor.
The court fined Nero $3 for each mile over the speed limit.
· Blake Harris Owen, 18, of South Boston, pleaded no contest Monday to reckless driving/speeding 91/55 MPH zone, a misdemeanor.
The court ordered Owen to pay a $150 fine.

The county school system has a long list of needs when it comes to capital improvements.
As diverse as the need is the diversity of opinion among school system officials and school board members regarding priorities and how far into the money till the county can go.
As a result, the Halifax County School Board has scheduled a planning retreat for August 7 to hammer out a consensus on the next phase of capital improvements.
If it is able to reach a consensus during the one-day retreat, the school board will likely adopt a formal proposal at its August 12 meeting.
Once a plan has been adopted, the school board wants to take its proposal to the board of supervisors to get the governing body's reaction.
The school board hopes that a project can be put together and funding can be included in the 2003-2004 school budget.
"I feel we need to move forward," said Steve Anderson, school board chairman.
"We need to come up with some type of consensus on what the project should be before we go to the board of supervisors."
School board member Alan Gravitt agreed, adding that when the school board airs its proposal to supervisors, "We need to be open to what they have to say."
Halifax School Superintendent Dennis Witt pointed out that there are many good choices for projects, all of which have merit.
Among them are additions and renovations to Halifax Elementary and Sinai Elementary schools.
"The middle school is also a clear choice," Witt said, pointing to the prior study and proposal for renovations to the facility.
Additions and renovations to the school are needed in order to get students out of the mobile units and under one roof.
"There are also the issues of Turbeville and Wilson Memorial," added Witt.
"We need to study the Turbeville school zone, the facility, its location and try to make some decision on that."
Witt also said there is a clear need for a new K-6 elementary school in South Boston to replace Washington-Coleman Elementary School and C.H. Friend Elementary School.
He pointed out that there may be a possibility that South Boston may be in a position to assist the school system in procuring a good site with the appropriate amenities, including water and sewer service.
"In terms of economic development, a new school in the South Boston area would be, in my opinion, a very desirable thing, along with improvements to our other schools."
The school superintendent informed the school board that a new concept is emerging in which private companies with large cash reserves are partnering with school systems in the construction of new schools.
Witt explained that this involves a long term lease with ownership going to the investor after a specified number of years.
"It (the company) reaps some handsome tax cuts that make the investment profitable and helps public education at the same time," Witt said.
"It could cut our costs to 80 cents on the dollar.
"We're working with one architectural firm that is very aggressive in this area," Witt added.
"They feel they have clients who have $5 million to $10 million in reserves available."
In the meantime, school system officials are hoping to move forward with projects involving a pair of athletic facilities.
One of those projects includes the renovation of the track surface at Tuck Dillard Stadium, a project that has an estimated $275,000 price tag.
The other is an estimated $90,000 project involving the resurfacing of the tennis courts at Halifax County Middle School, moving the position of the lights, sprucing up the fencing and making the facility more attractive.
Witt said there is enough money in the school system's construction fund money for both projects.
While school system officials are examining the refurbishing of the track at Tuck Dillard Stadium, they will also investigate the possibility of constructing a track complex at another on-campus site in an effort to determine which move will be the most cost effective.
Halifax County High School has, for several years, been unable to stage a track and field meet here due to the poor condition of the track surface and its related facilities.
In addition, Halifax County Middle School has seen a big reduction in the number of track and field meets it hosts here and has lost the ability to host the annual conference championship meet as a result of the poor condition of the track.
The project involving the resurfacing and refurbishing of the existing tennis courts at Halifax County Middle School is a dropback step from the school board's earlier hopes.
Witt said, however, that the existing tennis courts can be upgraded and put in good condition.
"We think we need to move the lights to the sides instead of facing the people playing, spruce up the fencing and make it more attractive," Witt said.
Initially, school board members had hoped there would be enough funds to construct a new set of tennis courts adjacent to Halifax County High School and to repair the existing courts.
With the Virginia High School League realigning its sports seasons next year, the high school boys and girls tennis teams will play tennis in the same season.
With both high school tennis teams competing in the same season, the construction of new courts and the repair of the existing courts would alleviate concerns regarding practice times for the tennis teams.
School board member G.C. Ratliff asked Witt what will happen with regard to practice times for the two teams now that plans for new courts have been scrubbed.
"We'll just have to do the best we can," Witt said.
"They will have to share days and time slots."
Anderson pointed out that the dollars are dictating what can be done.
"With the cards we were given, we have to deal with what we have been given," he said.
"We can't do both projects."
Neither project will be completed until later this year.
Some of the major projects that are either underway or will be initiated during the coming year include painting the gym, installing acoustical treatments and tweaking the sound in the middle school gym, completing the renovation of the boys restroom on the second floor and renovating the remaining restrooms at the school.
At Halifax County High School, the removal of the carpet in the hallways and the installation of tile in the corridors and the replacement of the carpet in the school lobby is underway.
The sound system in the high school gym is also being reworked and improved.
Other Matters
In items approved as part of the consent agenda, the school board approved the pay scale for substitute teachers for the coming school year.
Non-degreed long-term substitutes will be paid $70 per day. The degreed long-term substitute teacher will receive $80 per day.
A degreed and licensed long-term substitute teacher will receive the base per diem pay.
A long-term substitute teacher is one who substitutes in excess of five consecutive days for one individual teacher with long-term pay becoming effective on the sixth consecutive day of substituting for one individual teacher.
The normal substitute pay of $55 per day for non-degreed individuals and $65 per day for degreed teachers will not change.
Also the school board approved a five percent increase in the price of adult meals for the coming school year.
What that means is that the price of adult lunch meals will increase from $1.90 to $2.00 and that the price of adult breakfast meals will increase from $1.10 to $1.15.
The last previous price increase of 15 cents was approved in June 2000.

J. Eric Roberts was sworn in as the newest member of South Boston Town Council during Monday's meeting, and promptly cast his first dissenting vote.
Councilmen Tom Raab and Ed Owens were also sworn in for their second terms.
Roberts was the only councilman to vote against the town releasing a check to Dixie Inc. it had been holding pending an investigation into the youth sports program.
The funding was for the 2001-2002 fiscal year.
The council voted 5-1 to release the check for $6,700 after Councilman Coleman Speece reported on a meeting he and Councilman Chris Elliott had with Dixie representatives Tuesday night.
"I think we got a couple of our basic questions cleared up," Speece reported.
But Speece said that the group's financial issues and accountability questions still need to be addressed.
"I'm convinced that they're working to correct these problems," the councilman suggested.
Speece said that asking the group to address the problems council had with them in the middle of a baseball season was like "trying to repair an airplane in the middle of a flight."
But Roberts wasn't convinced.
"I just want to say that I think its encouraging that they're making promises to make changes and I hope they satisfy those problems," the freshman councilman said.
"But I haven't seen any action, any substantial action, from the people involved."
Committee Assignments And Council Appointments
The finance committee appointments by Mayor Glen Abernathy included Tom Raab as chairman, and Coleman Speece and Ed Owens as members.
The current issues committee will be made up of Vice-Mayor Carroll Thackston as chair, Chris Elliott and Eric Roberts as members.
Roberts was appointed for a four-year term as council's representative to the planning commission, to replace retiring councilman Buddy Wilborn.
Brian Cheever was appointed to fill the seat formerly held by Roberts as an at-large member of the planning commission.
J.A. Houghton and Sterling Burton's terms on the the South Boston Industrial Development Authority expired on June 30.
Burton did not want to be reappointed, so council reappointed Houghton, and appointed Frank Lee to Burton's seat.
Council recommended Dewey Compton to the board of zoning appeals, to fill the unexpired term of Robert Meeks.
Compton's term will run until February 28.
Other Business
Council approved VDOTs 2020 Transportation plan, which identifies areas of concern in the town's transportation system.
"The transportation plan was developed as a joint effort between VDOT and the town," Town Manager Ted Daniel said.
"It is the product of a study that evaluated the transportation system of South Boston and recommended a set of improvements," Daniel said.
The town manager added that the town's needs were evaluated based on highway capacity, geometry and safety, as well as other concerns raised by council and town officials.
"The VDOT team received input from council and town staff, and although some of the recommendations haven't been incorporated into the final draft of the plan, they need to be voted on by members of council," Daniel observed.
Some members of council asked to have the results of the plan prioritized before adoption.
"I'd like to see it rewritten before we adopt it," Elliott said.
But Daniel said the plan is simply a guide and only needs to be approved, not adopted.
"This is a roadmap, a recommendation of what we'd like to do in 20 years," Daniel said. "It can be changed."
"These are just some ideas of what can be done, identifying some areas we think could be potential problems," said a VDOT representative.
But Speece said there is one problem that needs to be addressed immediately.
"Where do we stand on the Halifax Square left turn question?" Speece asked.
"That's a problem that's threatening life right now," he suggested.
Speece was referring to traffic attempting to make a left-hand turn onto Route 501 from the upper exit of the shopping center.
A barrier had been placed at the exit, but Daniel said the town had to remove it because of VDOT requirements.
"(VDOT) pointed out to us that the barrier was non-standard traffic patterns and caused liability problems," Daniel said.
But Speece said the non-standard traffic pattern was protecting life.
"If you take it down you have no protection," the councilman said.
Council also passed an amendment to the South Boston Town Code concerning weeds and trash.
The change in the language of the amendment better defines some terms in order to make enforcement of the ordinance easier.
Strategic Goals Approved.
Council also approved the strategic goals developed at their retreat in June.
These include consolidation of selected county and town services.
Council also wants to continue efforts to provide quality town services to recently annexed areas, including street paving and lighting, and street development for existing developed areas.
The council also want to enhance retail development by working with the town and county IDAs to recruit retail businesses to the downtown areas.
In addition, the council wants to continue to improve the economic development of the region.
Council will support the IDA's initiative to develop a business incubator project in Houghton Industrial Park, and support funding requests through the tobacco commission.

The South Boston Dixie Boys 13-Year-Old all-star team won the district tournament crown Monday night, coming from behind to shade Charlotte County 10-8.
Monday night's win made it a perfect run for the South Boston team which needed only three games to capture the title.
South Boston will now advance to the Dixie Boys 13 State Tournament which will begin Friday, July 19, in Bedford.
The local all-stars will face the District 5 champion in the opening game of the tournament at 12 noon that day.
South Boston had only four hits and one run through the first five innings and trailed by a five-run margin at 6-1 entering the top of the fifth inning.
But South Boston broke out of the doldrums in the top of the sixth inning when leadoff batter Billy Joe Garrett reached base on a single.
Jacob Swillie was struck by a pitch and went to first base with one out and a single by Bret Lewis loaded the sacks.
Joey Rogers followed with a three-RBI double and Patrick Currie followed Rogers with a run-scoring triple.
Brad Rogers went down on strikes for the second out of the inning but Berry Glasscock singled and drove in a run to keep the rally alive.
Tony Barbour followed with a run-scoring triple and Garrett came up for the second time in the inning and produced a single that drove in a run.
South Boston's final two runs scored when Swillie, also batting for the second time in the inning, reached base with a single and advanced on an error that allowed two runs to score.
The big rally gave South Boston a 10-6 lead but Charlotte County wasn't done.
A leadoff walk and an error, followed by back-to-back singles with two out, gave Charlotte County two runs that allowed it to cut its deficit to two runs at 10-8.
After holding South Boston at bay in the top of the seventh inning, Charlotte County got runners on base with a hit and an error.
But some nifty defensive play by South Boston on a forceout and a fielder's choice slammed the door shut on Charlotte County and preserved the win.
Charlotte County scored two runs in the first inning to go up 2-0.
A base hit by Swillie and a Charlotte County error led to a run for South Boston in the top of the fourth inning to make it a 2-1 score.
Charlotte County added two runs in both the fourth and fifth innings to run its lead to 6-1 and set the stage for the dramatic ending.
South Boston out hit Charlotte County 14-6.
Garrett led the hit parade with three hits. Barbour, Swillie, Joey Rogers and Currie each had two hits.
Chad Duffer, Bret Lewis and Berry Glasscock each had one hit.
Duffer, the South Boston pitcher, had a good outing on the mound, fanning nine batters and allowing only six hits and two walks.
The real damage to Duffer's effort came from the six defensive errors South Boston made in the game.
Charlotte County, by comparison, committed only two errors.

Howard Taft Anderson

Howard Taft Anderson, 89, of 3185 Virgie Cole Road, South Boston, died July 9 at Berry Hill Nursing Home.
Mr. Anderson was born in Halifax County on September 13, 1912, the son of Walter Claude Anderson and Virginia Hudson Anderson and was married to Jeanette Owen Anderson. He was a retired farmer.
Services will be held July 11 at 11 a.m. at Brooks Funeral Home Chapel with the Rev. Jack Stewart officiating. Burial will follow in Oak Ridge Cemetery.
Survivors of Mr. Anderson include his wife of the home; one son, Howard O. Anderson and his wife, Nancy of South Boston; three daughters, Mary Synan of Richmond, Betsy Smith and her husband, Nelson of Roanoke, and Gayle Saunders and husband, Mitch of Smith Mountain Lake; three granddaughters, Berri Rice of Forest, Robin Forbes of Virginia Beach and Beth Anne Washabaugh of Colonial Heights; eight grandsons, Andy Anderson of Forest, Tad Jennings of Richmond, Kyle Jennings of Broadnax, Chris Synan and Scott Neal, both of Richmond, Matt Saunders of Philadelphia, PA, Josh Saunders of Blacksburg and Jarad Rice of Forest; 12 great-grandchildren; one sister, Helen Burnett of South Boston; and one brother, Cecil Anderson of Halifax. Mr. Anderson was preceded in death by one grandson, Grey Neal; one brother, Hudson Anderson; and four sisters, Maggie Osborne, Eunice Temple, Evie Harris and Ella Headspeth.
The family will receive friends at Brooks Funeral Home this evening, July 10, from 7:00 until 8:30.

Ruth Martin Cockman

Ruth Martin Cockman, 82, of 3033 James D. Hagood Hwy., Halifax, died July 8 at Halifax Regional Hospital.
Mrs. Cockman was born in Halifax County on April 25, 1920, the daughter of Douglas V. 'Dugar' Martin and Ethel Lue Martin Johnson and was married to the late Thomas S. Cockman. She was a member of Dan River Baptist Church.
Graveside services will be held July 11 at 2 p.m. at Dan River Baptist Church Cemetery with the Rev. Joe Lane officiating.
Survivors of Mrs. Cockman include one daughter, Patsy Cockman Wilmouth of South Boston; one brother, Douglas E. Martin and his wife, Hilda of South Boston; three sisters, Virginia 'Helen' Mingo and husband, Danny of Seal Beach, CA, Meria Harris and husband, Butch of Scottsburg, and Rosalea Lacks of Clover; five grandchildren, Rodney D., Ryan S., Robyn D., Rex T., and Renee E. Wilmouth; and one great grandchild, Reanna Danelle Wilmouth. She was preceded in death by three brothers, Marshall, Clarence and Fred Martin; and three sisters, Bertha Doran McCormick, Lorene Matthews and Jeanette Martin.

Lloyd Carter Owen

Lloyd Carter Owen, 83, of 11124 River Road, South Boston, died July 8 at Halifax Regional Hospital.
Mr. Owen was born in Bedford County on January 2, 1919, the son of William Moorman Owen and Lillian Carter Owen and was married to Penta Turner Owen. He was a member of Arbor Baptist Church and was an Army Veteran of WWII.
Survivors include his wife; one son, John Thurman Owen and wife, Frances of South Boston; two daughters, Ruth O. Gregory and husband, Jimmy of South Boston and Carole O. Lovelace and late husband, Allen Clark Lovelace of South Boston; five grandchildren; six great-grandchildren; one sister, Jeanette O. Anderson of South Boston. He was preceded in death by three brothers, Aubrey Lee Owen, William Harold Owen and Clifford Thomas Owen.
Services for Mr. Owen will be held today, July 10, at 11 a.m. at Powell Funeral Home Chapel with the Revs. Todd Smith and Tracey Allred officiating. Burial will take place in Halifax Memorial Gardens.

Col. Richard Cabell Tuck

Col. Richard Cabell Tuck, a retired army artillery officer and investment manager, died of multiple causes in INOVA Fairfax Hospital on July 5.
Col. Tuck was born in Durham, NC on October 25, 1925, and spent much of his early life in Richmond. He attended the University of Richmond before entering the United States Military Academy at West Point. He graduated in 1946 and later returned there as an instructor in French.
Col. Tuck served in a variety of command and staff assignments in Europe, the Pentagon, and in the Korean and Vietnam conflicts. Following his retirement from the army in 1976, he became an investment manager, later forming his own company, Richard Tuck and Associates, in Falls Church.
Col. Tuck was a graduate of the Armed Forces Staff College and the French War College, the Ecole Superieure de Guerre, in Paris. He held a Master's degree in Financial Management from George Washington University. Col. Tuck was a descendant of Patrick Henry and served recently as President of the Patrick Henry Society. He was a nephew of William M. Tuck, Governor of Virginia from 1946 to 1950.
Survivors include two sisters, Rosella Tuck Davidson of Fredericksburg and Dr. Mary Tuck Echols of Fort Defiance; one brother, Franklin Dandridge Tuck; and a sister-in-law, Faye Royster Tuck of South Boston.