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WCU - Western Carolina University Publications

Western Carolinian Volume 61 Number 11 (13)

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Item 1 - Western Carolinian Volume 61 Number 11 (13)
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Western Carolinian Volume 61 Number 11 (13)

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  • Western Carolinian November 30 1995 News Public Safety Sued By Western Alumnus For False Arrest by Kyle Shufelt StaffReporter A Waynesville attorney and WCU alumnus recently filed a lawsuit against WCU, Public Safety and its director, Gene McAbee. Russell L. McLean III filed the suit in Jackson County Superior Court on November 9, 1995. He is represented by Mark R. Melrose, a Sylva attorney who is also a WCU alumnus. The suit alleges that McLean was falsely arrested and imprisoned. He is seeking damages in excess of $10,000 for mental anguish and suffering. He also wants an additional sum in excess of $10,000 for false arrest. The complaint stems from an incident that occurred in the Catamount Club parking lot during a football game between Western and Appalachian State on November 12, 1994. McLean states in his complaint that he was sitting on the tailgate of a Ford Astro van minding his business when he was approached by the defendent, McAbee. McLean states he was informed by MacAbee that he was accused of "keying" a '94 Lexus ES 300, and that based on third party accusations he was going to arrest him. McLean claims he made several inquiries as to whether McAbee had seen the alleged criminal activity and if he was sure he wanted to arrest him. McAbee assured McLean that was his intention. Subsequently, McLean says, he was handcuffed, arrested, and taken to the Jackson County jail. McLean and his attorney contend, based on the complaint, that pursuant to North Carolina General Statutes a misdemeanor must be committed in an officer's presence without extingent circumstances for an arrest to occur. According to McLean, McAbee did not see the offense and therefore without just cause falsely arrested him outside the purview of any criminal statute. The third party making the accusation is McLean's former wife and her husband, Andy Patton Jordan of Sevierville, Tennessee. According to Campus Police records, Andy Jordan claims that McLean attempted to provoke him into fighting by "cursing him and using fighting words." After said confrontation, Jordan claims McLean "keyed" the left side of his Lexus. McLean was formally charged by Public Safety with Injury to Personal Property on November 12, 1994. According to court documents, a charge of Drunk and Disruptive was also filed against McLean one week later by Jordan. According to court documents, both charges were dismissed on March 22, 1995. The attorney for the Jordans, William D. McDowall, Jr. stated in a letter that the Jordans had requested this action because of ongoing litigation between the parties over the last several years arising out of their domestic situation. McLean stated in a telephone interview that the charges were dropped because they weren't true and because of a lack of evidence. WCU, Public Safety and McAbee are being represented in the civil suit by the Attorney General's Office of North Carolina. Ranger Challenge: Rambo games in South Carolina by Jeff Leatherwood Contributing Writer The Catamount Battalion, WCU's Reserve Officers Training Corps, recently participated in a difficult competition, even by Army standards. Ranger Challenge, held in Fort Jackson, SC, on the last weekend of October 1995, tested a 9-person team in such skills as M-16 marksmanship, orienteering, and hand grenades. The course also tested the team's ability to work together against the 27 other ROTC teams from the 16 schools that comprise the 5th ROTC Brigade. Major Jerry Darnell, who has commanded the Catamount Battalion for the last 15 months, viewed the results with some satisfaction. "Our ROTC group did well in the orienteering and weapon categories just as they have in post competitions," Dornell commented. The 46-hour exercise concluded with a 10-kilometer road march with each team carrying 40-pound rucksacks, an arduous race against each other and against the clock. While the Catamounts did not claim any records, they passed every event and earned the praise of their commanding officer. "We have a good bunch of cadets," said Darnell, who has 16 years of service in artillery and aviation. The participating members included: Erick Dickens. Joe Drumgoolc, Christopher Cooper, Christopher Hill Gregory Livengood, Daniel Sproul James Jones, Gregory Shoults, Stuart Curtis, and Chad Miller. by James Gray Associate Editor Killian 104 (the Taft B. Botner Conference Room) was the site of the SGA's weekly meeting on Monday, November 20. The usual meeting place, the UC Catamount Room, was closed because the UC is under going renovation. As the Alumni Tower rang five o'clock, 19 Senators were present. This was 10 persons shy of the two-thirds majority needed for a meeting to come to order. When Vice President Rhonda Cole took the roll, one Senator offered that an absent colleague was "sick." "Next Monday evening at five p.m. we will have a meeting," Cole said. "I don't know where yet. Call the Student Development Office on Monday... and they will know where we're having the meeting." Then she went on to address the attendance problem. "The people that aren't here today... tell those people to get in touch with the Student Development Office or call me at home and let know why they were not here today.' In parting, Cole requested of the Senators present/Tell those people who aren't here today that [for] half of them, that's their third miss and they're out of here- unless they call me with a very good excuse." At the end of the meeting, one Senator asked, "If we know people who are interested in the Senate, what do we tell them to do?" Cole told the SGA members to have anyone interested in joining the SGA to contact Student Development o call her personally. by Kelly Donaldson Contributing Writer A female WCU sophomore claims that she was sexually assaulted on Saturday, November 12, at 4:45 p.m. in Leather- wood. Director of Public Safety Gene McAbee said that the investigation is continuing. "The suspect is a male WCU freshman resident of Leatherwood dorm," said McAbee. "He is not in school at this time." According to McAbee, Officer Charles Crisp responded to a phone call concerning the incident. "At 8:45 a.m. Detective Ernest Suggs became involved Rape Victim Intends to Prosecute with the case on campus and I met the victim at the hospital where she was being treated and examined. There was also a collection of some evidence at the hospital," McAbee said. McAbee said the suspect and the victim were dating at the time of the incident. "The suspect alleged to have consumed a large quantity of alcohol and we detected a strong odor of alcohol on him. The victim said she had consumed some alcohol but was not intoxicated." According to McAbee, a search warrant was issued on the day of the incident to search the suspect's room. "Several articles of evidence were collected and sent to Raleigh for examination in a sexual assault evidence collection kit. Another search warrant will be issued to the suspect on Monday, November 27, for blood and hair samples to be compared with the evidence These samples will be sen. to Raleigh as well The results from Raleigh should return' within eight to ten weeks." McAbee said the local District Attorney, Ken, Brown, is guiding the mvest.ga,,on ,n preparation for prosecu- xsoHhand'hcvictim w^over the tacts of the case w„h the DA. He suggested further investigative action/ Preparation for prosecution. We had d-scussions about other wi,ncsscs a_d -hatwinbethechainofcust^ot •dence. Mr. Brown is acting inyane advisory role. "The suspect has not been arre McAbee continued isted," ■• "therefore "0 couj^ set. If arrested, the suspect w.^ charged with second-degree rape 40 year tion of this crime carries a rnaxlITlU^u|d be jail sentence. A minimal sentence co ^ ^ applied in this case since the sus^>cC * been convicted of anything in the pas*-^ When asked about the fact that the ^^ was in the men's dorm past curfew, said that "curfews are not relevant i criminal cases." Since the incident occurred o - campus, the Jackson County Shen ^.^ Department did not intervene. V* cu is being investigated solely bytnC Public Safety Department.
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Western Carolina University Publications

The Western Carolinian is Western Carolina University’s student-run newspaper. The paper was published as the Cullowhee Yodel from 1924 to 1931 before changing its name to The Western Carolin...

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