North Carolina Now; North Carolina Now Episode from 08/25/1997

It's Monday August 25th. Tonight getting caught up on DWI offenders in North Carolina now. Good evening I'm Merida Madrid thanks for joining us for this Monday edition of North Carolina now. Hope you all had a wonderful weekend. On tonight's program Bob Garner continues his trek around our state searching out North Carolina's best barbecue during our interview segment and I will speak with the president of Bell South Billy Ray Jr. Mr. Ray will be here to talk about BellSouth attempts to enter into the long distance market. But up first tonight Shannon Vicary examines a trend of district attorneys prosecuting DWI offenders to the fullest extent of the law. A

Winston-Salem jury made history in May when it convicted a stateful man of first degree murder in a drunk driving case. This is the first time in our state's history and one of the few times nationally that a first degree murder charge has been used against a convicted drunk driver. But as this case heads to the state appeals court some North Carolinians are questioning whether it's appropriate to use the state's toughest criminal charge against drunk drivers especially since first degree murder carries with it punishment of either life in prison or the death penalty. Shannon Vicary has our story. It was horrible it's horrible thing I've ever had to go through in my life. The Reich forced university student page Warren. It was in an instant. I remember most that I just remember we left way and we turned right I'm going to go to party off campus and I remember going around the corner and saw headlights come around the corner but that's the last I remember I was knocked out for about I guess

about 10 minutes. On that warm September night Paige woke up to find her friends sophomores Maya with Sol and Julie Hansen dead and two others injured. The impact of the car crash completely smashed the tiny car the women were riding in. Page suffered a crushed ankle a broken hip and the pelvis that was shattered in eight places. Thirty nine year old Thomas Richard Jones of Statesville that September nightmare would last much longer. In May Jones was not only convicted of driving while impaired but he became the first don't driver in North Carolina to face a first degree murder charge and the death penalty. I think she's been zucchini. He thinks because two girls from Wake Forest were killed and three were seriously hurt. He had he did have a past. He

was a perfect target to be uses again. David Friedman represents Jones. He says he was shocked to learn the Forsyth County district attorney's office was charging his client with first degree murder. I think people have to understand this is not just about you Debbie are. This is about stretching felony murder far beyond the limits. It's never been used before. This is up among the four or five most egregious cases I've had where someone has killed other people driving impaired is that right will is the Forsyth County assistant district attorney who found the loophole in North Carolina's felony murder rule that would allow drunk drivers like drones to be charged with first degree murder. 1978 the North Carolina legislature amended the felony murder statute to say that any other murder which occurs during the commission of any other felony committed with the use of a deadly weapon is first degree felony murder.

In other words drunk driving is not a felony in North Carolina. But if you combine drunk driving with another felony that involves serious injury or death you can be charged with first degree murder in this case the jury decided that Jones's car was a deadly weapon and because the women died as a result of the way Jones used that car he fell into a category that qualified for a first degree murder charge. If you use an automobile That's candid £20000 deadly weapon hurdling people you know at a high rate of speed. You know it's like stacking 50 refrigerators on top of each other and dropping them on somebody I mean that is a deadly weapon. And the jury agreed Jones was convicted of first degree murder during the sentencing phase of the trial. Robel asked for the death penalty. Joan suddenly found himself begging for his life. A shark a shark expansion.

Just cause a lot of motion a lot of people that's on trial for sure. After deliberating for just an hour the jury announced its sentence after your recommendations for punishment you have unanimously recommended that the defendant be sentenced to life without parole. Jones is currently serving two life sentences in central prison in Raleigh. Now all eyes are focused on an appeals court here in North Carolina where judges will decide whether a drunk driver can face the charge of first degree murder. A decision that could significantly raise the stakes not only here in North Carolina but in drunk driving cases across the nation. We have gotten calls from our national office of man we've gotten calls from other state offices of man asking for some of the details of how this case was handled how

was somebody able to reach a first degree murder charge in a drunk driving case. Karen Brown heads up the North Carolina chapter of Mothers Against Drunk Driving. She says the first degree murder conviction sends out a strong message to potential drunk drivers. When you make the choice to drink and drive you have got a 3000 ton weapon that you are using on our roadways. It's no different than if somebody were to take a gun and go out in the middle of a street and start shooting. We would want to see that person have a first degree murder charge. I really believe that this is one murder case that could have a general deterrent effect across the board around the country whereas other murder prosecutions will only deter the person who commits the premeditated killing. However David Friedman says the implications of this case are far greater. You don't have to have a DWI for someone to be convicted of first degree murder. If you are driving down the street and you are driving too fast for the conditions and maybe

you pass somebody on a double yellow line or are you weaving in and out of traffic then you had a car and the two people in that car and one person is hurt one person is killed you can be tried for your life he says. If the first degree murder conviction is upheld on appeal it will be especially tough on people like Jones who has a history of substance abuse along with two prior convictions of DWI in a pending case of drunk driving and more spill. I have tried many cases in the US for a long time and I've never felt more of a lynch mob mentality that I do try to disguise. This is a country of laws and this is a system of laws and laws of the ways that have been set up. To prevent people from being victims of public opinion we people have to be protected from that. But for district attorneys and their supporters the Jones conviction is our rallying cry that the time to get tough on drunk drivers is now.

I'm aware there already are at least two or three pending first degree murder cases and in other counties in North Carolina. And I would expect that they are there maybe more. Of course I think everybody's going to look to see how they thought courts decide the Jones case. Sure. And if the Jones case is up Hello Vincent rable believes the stakes will rapidly rise for drunk drivers who kill on North Carolina's roadways as long as these last day on the books and they're not changed within the next 10 years I think somebody will get the death penalty for doing something like what Mr. Johns did. It could take anywhere from six months to a year for the state appeals court to decide whether to uphold the first degree murder conviction in the Jones case. In the meantime Jones is scheduled to appear in a more civil courtroom on Thursday to face a DWI charge he received almost a month before the fatal crash last September. But still I had a conversation with the president of Bell South but right now Michel

Louis is here to bring us up to date on the events making news around our state. Good evening Mitch. Thanks Marina. Good evening everyone. Topping our news the House and Senate have reached an agreement on every detail in the state budget except one. Negotiators subtle differences on close to two dozen issues during an extended session this past weekend. Welfare reform is the only remaining issue yet to be ironed out. Negotiators still have to determine the number of counties that will participate in the pilot program. Representative George Holmes the chief House negotiator told fellow lawmakers that a final agreement could come to a vote by Wednesday or Thursday. The state legislators have drawn up a compromise bill designed to reform patronage in state government hiring. The proposal allows the governor to make 100 policymaking appointments in Cabinet departments another 30 managerial positions would be filled on the basis of merit but would be exempt from the state personnel act in addition the bill would prohibit state personnel directors from being political appointees of the governor and would authorize a study into the salary of

political appointees. The compromise plan needs to be passed by both the House and Senate and other legislative news the length of this session of the General Assembly has prompted some lawmakers to ask Governor Hunt to appoint a citizens commission to study the operations of the legislature. Senate President Pro Tem Mark bass tonight says the commission needs to examine legislative salaries and consider passing a constitutional limit on the length of the session. Others argue that the state needs to drop the pretense that it has a citizen's legislature and that legislative service is a part time job. North Carolina is the only state with a part time legislature still in session. An environmental collective has petitioned the federal government to find out whether eating fish from the Pigeon River can be hazardous to human health and viral medalist from North Carolina and Tennessee have formed a group calling themselves the dead pigeon river council. The group wants the Environmental Protection Agency to conduct a study into a possible link between cancer and waste water discharges from the Champion International Paper Mill in Canton. The group submitted

eight demands to the EPA and says cancer testing should be a prerequisite to any pollution settlement with champion. And now for a look at tomorrow's weather. Most of the state will see high temperatures in the low to mid 80s but will be the exception with highs only reaching around 77. It will be mostly sunny in the western part of the state as well as the Piedmont coastal areas will see partly cloudy skies for Tuesday. In business news Governor Hunt today announced that an ACO materials handling group will build a new administrative center in Greenville. About 350 jobs will be created and eight million dollars will be invested in the 95000 square foot facility. This marks the first time a company in the state has qualified for a new tax credit that provides financial incentives for new or expanding industries in North Carolina. Nako is the world's first manufacturer and distributor of industrial forklift trucks. The Nexus the paging network company put together by Durham financier may seal Sloan is about to expand its service nationwide. The first expansion target is Washington D.C.

with 10 more cities being added in the next few months. The Nexus will make it possible for people to receive voice mail on their pagers instead of written messages. And now for a look at what happened on Wall Street today. Bell South is currently seeking approval from state and federal regulators to offer long distance

telephone service. BellSouth contends their entry into the long distance market will provide for more competition in this arena and drive long distance rates down. However BellSouth is facing strict opposition from existing long distance providers. Joining me now to explain his company's side of the controversy is Jay Billy Ray Jr. President BellSouth North Carolina. Mr. Ray welcome to North Carolina now. Well thank you. Let's start off with you giving us an overview as to why BellSouth wants to enter the long distance market. Well the Telecommunications Act of 1996 opened up local service long distance service to literally any competitor. And we've been barred from being in the long distance business for almost 15 years after the breakup of AT&T. Many of our customers have said we would like to get our long distance service from the same company that offers us local service BellSouth. So we've been prohibited from doing that for many years but now we have the opportunity under the new law to offer those services to our customers and maybe to get a better handle on this.

This whole idea here is for you to explain for us a little bit about the Telecommunications Act of 96 because that's really the basis for what we're working on here. Well it is the new law was passed in February of 1996 which opened communications literally to any competitor that wanted to offer communications like service. Now the beginning of all of that really was back in 1993 in 1994 when the U.S. Justice Department had a lawsuit against AT&T. And at that time the Bell companies were part of AT&T. Part of the break up of that and settlement of that case was the breakup of AT&T a tsetse taking the long distance business and the local companies being split off to handle local telecommunications as part of that agreement. A Titi agreed with the Justice Department that the local telephone companies could no longer offer long distance. So it's been since 83 or 84 until. In 1996 that that law has been in place and that's been changed.

Another aspect of that Telecommunications Act is not only the local providers wanting to get into long distance but it also opens up for more local providers is that correct. Oh very much so. As part of that allow any company 82 MCI and many that perhaps you've never heard of can be in the local telephone business in fact here in North Carolina you have 44 companies that have recently filed with the utility commission to offer local exchange service like that service provided by mail south. There are some companies in North Carolina that provide both long distance and local service correct. You're right. One of the problems that we want to solve and this is something a lot of people in North Carolina don't know. There are 24 local telephone companies in North Carolina. BellSouth is one of 24. And of those 24 it is only BellSouth customers who can't go to their local company and get their long distance service with their local service. So it's only our customers that have been in that situation for the last 15 years.

AT&T Sprint MCI are arguing against Bill Self entering into long distance. What reasons are they giving. Well I would tell you that this market is totally dominated by those three. It's a 100 billion dollar market. And those three companies have 90 percent of that market. I don't think they're interested in having another strong viable competitor to compete with them in that market. What do you see as being the biggest benefit for North North Carolina telephone consumers if Bell South should enter the long distance market. Well the first thing I mentioned a little earlier. Our customers will have the advantage of having one stop shopping to go through their local telephone company for their long distance local Internet wireless needs. Now of course they have the choice they can they can pick and choose if they wish. But over 70 percent of our customers have said simplify our lives is too complicated already for telephone. We'd like to come to one stop and get that service. Also the studies have indicated economic

studies that if BellSouth is permitted to compete you can expect local long distance prices to drop. By 25 percent we've pledged that we will enter the market at least fifty five percent below a TTC basic rights so we expect to see some substantial competition there. Isn't there a chance though that Bellsouth getting back into the long distance market will bring us back to that monopoly situation that we had in the mid 80s. I would think that that genie is out of the bottle. The mid 80s monopoly situation of course was a regulated monopoly under law and that's how that monopoly was created. It was not an illegal monopoly. However in the in the future we have many many competitors major companies that can come in and offer to a customer to satisfy their needs 80 TMC Sprint GTI a whole group of telephone companies here and in North Carolina. I would say the genie is out of the bottle on competition.

So where are we in this process of BellSouth gaining entry into this market. Several weeks ago we announced to the press that we were going to be filing to enter the market here in North Carolina. That process is sort of a two step process. We filed at the North Carolina Utilities Commission and the state utilities commission reviews our application and sees that we've satisfied the checklist the competitive checklist that we have to satisfy to interconnect with other companies. They make a finding as to whether it is in the public interest for BellSouth to be on the long distance business. Who decides. That the North Carolina Utilities Commission they study that issue and then the second step of the process is they make their recommendation to the Federal Communications Commission in Washington and the FCC is truly the one that makes the final determination. Well Mr. Ray we hope that you'll keep us posted on this process and in the meantime I thank you for your time here tonight.

Thank you Maria. Thank you. As you know our state has two distinct styles of barbecue. Eastern which is whole hog barbecue flavored with vinegar peppers and Piedmont or Lexington style the milder version produced from pork shoulders. As it turns out several of the best known barbecue places in the western half of our state got their start thanks to one man. They include Alston bridges barbecue and Shelby a favorite stopping place for our barbecue correspondent Bob Garner. Warner stay meet the founder of St. he's in Greensboro. Not only learn the art of Lexington

style barbecue from its two founders Jess Weiss good and Sid Weaver. He also taught it to others including his wife's brother the founder of Alston bridges barbecue which today is one of only a handful of places in North Carolina where a third generation is carrying on the family tradition. And Austin bridges son Kent his wife Linda and three of the couple's four children Jay Reed and Michelle are O actively involved in the restaurant. Oh Bill the pork shoulders here start out on an electric cooker. They finish up on a traditional pit over hardwood coals and the favorite implement used to test them for dumb this has turned into a family heirloom to this poor cat then broken and then they re welded it the handle part right and it seems like to be the only form that really gives a straight tale of whether the needs done and if we got a good nickname the magic for the regular BBQ plated alst and bridges comes with BBQ that is relatively finely chopped they will do it more coarsely if you so desire.

Sauce isn't actually added to the barbecue until it's put on to the plate and you'll find that this BBQ has a more tart taste than a lot of Piedmont or Western style barbecue. The wood smoke taste comes through very strongly season very well. That's delicious. Pork Ribs are another item on the menu every day at oust and bridges BBQ. These are slow cooked until the meat is literally falling off the bone with a much sweeter sauce than is used on the regular BBQ. You want to be sure to try those Austin Bridges is the only traditional North Carolina BBQ place I've run across that serves food cook racks of pork ribs freezer and what we usually refer to as barbecue pit but they aren't done in the traditional Lexington style with no base to eat while they're cooking.

This law is much more finely chopped than other types of Piedmont or Western style slaw you'll find in the area. It's very delicately seasoned it isn't too tart. Jaber just says you really have to do a great job with your side dishes like coals on hushpuppies because that's what really compliments and sets off your top meat. These are a light golden brown. They're not too large as you can see fairly smooth on the outside. Good clean core meal taste not overly sweetened or seasoned. The perfect accompaniment of chopped BBQ. Now this is something you don't see everywhere. A sliced barbecue sandwich with plenty of that good finely chop house timber just walk. What a busy lunch time around here you sure see a lot of people with these in their hands. Oh man meat BBQ is definitely a sideline at alst and bridges but it is

available every day of the week. In fact this family's motto is if it can be cooked on a pit we'll cook it within reason of course. Most barbecue places take pride in their iced tea and alst and bridges is no different. They say tea out sells all their other beverages by a large margin. It is wonderful to see. It is sweet so be sure to use the lemon the gums with it. Austin bridges BBQ is usually crowded especially at lunchtime but the wait for a table or a stool at the counter is never very long and the takeout window does a great job of getting the orders out quickly. Whatever you do don't leave because the barbecue is definitely worth the wait. As worth our enthusiastic Reiki No. 5 little feet to get to the Elster bridges restaurant from us a 74 bypass and Shelby turned north on DeKalb street opposite Shelby high school and then turn right on Grover straight.

You'll find Aston bridges BBQ on the right. That's a program for tonight. Thanks for having that apart of it. Tomorrow we'll meet the new director of the Division of Marine Fisheries Preston pate. After three years of study arguments and negotiations North Carolina has new regulations in place aimed at protecting its fishing industry Mr. Pate will be here to talk about those. In the meantime enjoy your evening. We'll see you back here tomorrow night. Good night everyone.