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Horrific Conditions In Rutherford County Jail

I have repeatedly written about my concerns in the jail over the years. Since Sheriff Ellenburg ran on a promise of transparency I requested to be allowed to actually tour the dentition facility so I could give a first hand account of the conditions there.

He granted my request and I was allowed to tour the facility with another gentleman last week.

I knew what I had heard from interviewing previous inmates and their families but I was still not prepared for the conditions I saw, especially in the women’s section of the facility. I have sent a list of additional questions to the sheriff for clarification as I plan to do several informational articles about the jail.

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This article is mostly about the conditions in the women’s area. To say it horrified me is an understatement. It literally was all I could do to not cry as I toured it with the matron assigned to me. When she opened the door to the area the heat and humidity took my breath. It felt like walking into a suffocatingly oppressive steam room.

She explained to me that the ventilation ducts did not work and they had fans in the hallways trying to move air some. The women were crowded in the cells with many lying on their sleeping mats on the floor as there are not enough beds.

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Mold was everywhere. Many of the ceiling tiles were covered with it. The bars were rusting with multiple layers of paint peeling off of them. One of the inmates who had been there a while told me they had to paint the bars themselves in the past when officials knew someone was coming to tour.

She said the toilet was not flushing in her area and the other toilet in the main area was leaking on the bottom. They had put plastic bags around it to try to keep it off the mats they slept on.

The walls in the hallways were dripping wet when I touched them. The high upper windows allowed very little light into the area. I was told it was worse when it rained.

I asked if the inmates got to go outside and was told only when they had a court date. Some of these woman had been in there quite a long time awaiting trial. If someone is too poor to make bail they have to stay until their court date. This places a huge burden on the financially disadvantaged persons in our county.

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We went through a door to another area and the door had sanitary napkins stuck to it. I asked why I was told that the door slammed shut so hard and stuck so they were placed there to pad it. Doorways had equipment blocking them. The matron actually had to move stuff out into another hallway to open a door for me to go through.

They did tell me they had hot water for showers now but that had not always been the case in the past. As I was leaving my heart broke when an older female inmate begged me to please do something to help them. I promised her I would try my best to let people know what the conditions were there.

I have watched many movies showing prisons and jails in third world countries. I never in a million years would have believed that our detention center/jail was worse when it came to housing women, but it in fact is.

As I stepped out into the men’s section the air became much cooler and less humid but I still felt like I needed a puff on my inhaler to keep breathing properly. I thought to myself that, inmates not withstanding, how in the world was this not a danger to the employees working in these areas?

It is a fact that heat breeds aggression, and mold affects breathing, which in turn affects thought processes. This area is a disaster waiting to happen. I wondered how many jail employees have respiratory problems.

This part of the jail was built in the 1970’s (fifty years ago) and was supposed to hold approx. 29 inmates, as that was the available number of beds. It averages 35 to 40 female inmates most of the time, which is why so many are now sleeping on mats on the floor.

I asked Sheriff Ellenburg if anything could be done to alleviate these conditions. He said they planed to fix the ventilation system and clean the rust and bars but they had to figure out where to house the women safely while this was happening.

This is a situation that has occurred through years of systemic neglect, not only by previous sheriffs, but by the County Commissioners. The Commissioners/County are responsible for funding, maintenance and upkeep of the Detention Center.

There are many other things that I will cover in further articles, but this situation is critical.

I do understand that all the Commissioners except Mr. Benfield have recently toured the facility at Sheriff Ellenburg’s request. What I don’t understand is why DA Ted Bell, his assistants, and the magistrates have not toured this area. They are the ones sending people here for extended periods of time. They should at least know what the conditions of living are that they are sentencing people to.

We as a community are better than this. It is inhumane of us to allow this to go on. Regardless of the crimes these women are charged with some have not been found guilty as of yet, but still must live in these horrific conditions. Some for extended times waiting for the district attorney to call their cases.

Our Commissioners need to do better. We have a new Sheriff that is trying to keep his campaign promises and make the Sheriff’s Office and Detention Center a better/safer place for everyone who comes through there as well as his employees. He can’t do it alone.

Call or contact your Commissioners about this issue. They have been there and know about it first hand. They need to address this. It is just not about the money. This is a human rights issue. No one in the United States should have to be imprisoned in these circumstances.

As I was begged to do while there…PLEASE HELP!

Contact your Commissioners to address this problem NOW via email by clicking here  (their email addresses are under their pictures on the page) or call and leave a message at 828-287-6060.

These women are neighbors, family, mothers, and daughters. As the Golden Rule says “Do unto others as you would have them do unto you.”

Again…PLEASE HELP.

 

Investigators need your help identifying the driver of a vehicle involved in a theft of a trailer

On December 9th, 2022, a trailer was stolen from the parking lot of Baldor in Marion.  Investigators need help identifying the vehicle in this photo attached.  

Anyone with information concerning the theft, or whereabouts of the vehicle in question is asked to call Detective Richard Pittman at 652-2237 or McDowell County Crime Stoppers at 65-CRIME (652-7463). You can also text your tips to Crime Stoppers. Text TIP MCDOWELLSO and your information to 888777. With Crime Stoppers, your identity remains anonymous.

Editorial: Blind Injustice

No judge or clerk of court ever accused, charged  or convicted lawyers Krinn Evans or Andrew LaBreche before recusing to hear their cases. These elected court officials  just refused to hear cases without explanation.

That is until listed in LaBreche’s law suit as their being upset as to RC Catalyst’s articles on the airport, drug smuggling, and officials’ protection of former Judge Randy Pool’s sexual exploitations- which neither Evans or LaBreche wrote.

After over a year of keeping my mouth shut, it seems imperative for me as the author to speak out now. While I prefer a private life there are legal reasons I have chosen to reveal that I had a stroke that affected my eyesight and memory. After essentially being functionally blinded for a time and struggling with word recognition software to perform my work, the Word of Faith Fellowship offered to pray for me.

My sight got better.

However, the stroke after effects made it extremely difficult for me to read and particularly edit. During this time, since I was writing about legal issues (I am not a lawyer) I asked two attorneys and two friends to review and edit my stories on the Van Buskirk and Judicial Council stories to ensure accuracy.

I have spent over ten years sitting in court, observing trials, asking lawyers questions and reviewing criminal court files. (Remember the 2016 Matthew Fenner cases that still remain untried!) While I understand a lot of what is going on in court proceedings, I rely on experts to ensure the truth gets out in print.

During my stroke recovery time, I was still collecting information about the RC Airport, local drug smuggling, former judge Randy Pool and actions by our local judicial officials to protect him.

Despite my history of being in the courtroom, collecting legal documentation, consulting local attorneys and writing trial and criminal stories, the courthouse rumor mill began speculation as to who had actually written those articles.

Now ghostwriting is not a crime and not the case here, rumors were fueled by a former friend who reported that attorneys Krinn Evans and Andrew LaBreche were behind the writing.  (This friend later called me and demanded to be listed on the byline as co-author since she had reviewed an early draft.)

Shortly thereafter most of the judges and clerks of court recused from hearing cases by Evans and LaBreche.

This informant also described a small group of people (that she was once a part of) were planning on stalking the Judicial Council members’ homes to verify their meeting at a member’s home and she supposedly provided names and/or phone numbers of the supposed participants who were to drive by their houses to see if their cars were there.

One of the judges later alleged that a criminal investigation was conducted into this “stalking” matter. Unfounded rumors were circulated on Facebook and through courthouse gossip. However no member of that rumored “stalking” group was ever questioned.

Later it was found that a phone number of a participant had been misidentified as being Krinn Evans’ and eventually the recusals were withdrawn from Evans’ cases. 

As a member of those “stalking” participants, I can verify that Krinn Evans had NOTHING to do with any conversations over the Judicial Council meeting.

Yet I am still waiting to see a public apology to Mr. Evans for the judges attempt to destroy Mr. Evans’ reputation and professional law firm.

As to Mr. LaBreche, he has filed a lawsuit which was initially denied by the court and is now being appealed in order to have his recusals removed here.

LaBreche’s lawsuit also states:

  • an overly broad search warrant was signed by Judge Tommy Davis to seize electronic communication of a bondsman that contained privileged lawyer-client information with LaBreche
  • law enforcement was informed of this legally protected lawyer-client, but the info was read and widely distributed
  • the Judicial Council was violating public meeting laws
  • his Constitutional rights were violated.

Meanwhile, who is watching these justices who accused, judged, and convicted two attorneys without even informing them of the reason for their recusals?

Two charged in overdose death

Investigators with the Rutherford County Sheriff’s Office have charged two people in connection to an overdose death in Rutherford County.

On March 21st 2022, Deputies were called to a residence in Ellenboro for what appeared to be an overdose death. Amanda Lee Nash, 27 was found deceased in the residence.

A long term investigation was initiated and conducted by the Sheriff’s Office Criminal Investigation division, Narcotics division and Criminal Apprehension Team (CAT).

Toxicology results revealed Nash’s cause of death was due to a lethal dose of fentanyl she had ingested.

Throughout the investigation, it was determined two people were directly responsible for Nash’s death. Upon the conclusion of the investigation, investigators consulted with the District Attorney’s Office. The District Attorney’s Office reviewed the case and charges were recommended.

Investigators secured charges on Nathan Carpenter Beason, of Ellenboro and Evelyn Marie Robertson, of Mooresboro with, 2nd degree murder, death by distribution and possession with intent to sell and deliver schedule II.

On October 17th 2022, Narcotics Investigators and the Criminal Apprehension Team (CAT) located Nathan Beason pulling into the Econo Lodge in Forest City. They observed Beason go into a hotel room, stay a few minutes and then leave. Beason was taken into custody as he was leaving the hotel room. A search warrant was executed on the hotel room Beason was seen leaving. The search yielded 8.1 pounds of fentanyl.

Cody Lammonds was charged with maintaining a vehicle / dwelling place with controlled substance and trafficking opium or heroin. Kimberly Lammonds was charged with maintaining a vehicle / dwelling place with controlled substance.

On October 18, 2022, Evelyn Marie Robertson was taken into custody at her home in Mooresboro. Beason and Robertson both received a $450,000.00 secured bond.

Cody Lammonds received a $300,000.00 secured bond and

Kimberly Lammonds received a $50,000.00 secured bond.


Investigations into other incidents are underway. Drug dealers take notice, you’re next.

Claude Keever Receives Plea Deal for Multiple Sex Offenses Against Children

Claude Keever

**Opinion**

10-16-2022

Original articles concerning this case.

WLOS: Feb. 1, 2021On July 20, 2020, the Rutherford County Sheriff’s Office received a report alleging that Claude Linden Keever had committed the offense of taking Indecent Liberties with a Child, NCGS§ 14-202.1, a felony crime. Upon receipt of this report, the Rutherford County Criminal Investigation Division contacted the North Carolina State Bureau of Investigation (NCSBI) and requested they join the investigation that same day. Though not all felony crimes initiate a partnership with the NC SBI, the Captain of the Rutherford County Sheriff’s Office Criminal Investigation Division, Jamie Keever, is related to Claude Linden Keever.

Through the joint investigation of the initial report that was received on July 20, it was discovered that Claude Linden Keever had taken, or attempted to take, indecent liberties with at least three additional persons. These individuals were juveniles at the time that the acts occurred, however, they are now adults.

On October 12, 2020, the Rutherford County Sheriff’s Office, in conjunction with the NCSBI, secured warrants for the arrest of Claude Linden Keever. He was charged with four counts of taking Indecent Liberties with a Child and one count of attempting to take Indecent Liberties with a Child. Claude Linden Keever was arrested and a secured bond of $240,000.00 was set. He will have his first appearance in the Court of Rutherford County on Tuesday, October 13, 2020.”

“A Rutherfordton man has been arrested and charged with multiple sex offenses against minors from as far back as the 1980s.

Claude Linden Keever, 85, has been charged with multiple sex offenses against minors that occurred from the 1980s to the present in both Polk and Rutherford Counties in North Carolina.

In Polk County, Keever is charged with 2 counts of felony indecent liberties with a child and one count of first-degree statutory sex offense. His next court date in Polk County is scheduled for Monday, Feb. 22, 2021.”

 

Polk County Sheriff’s Office Release

January 14, 2021  · 

Arrest and Request For Information

“Claude Linden Keever, 85, of Rutherfordton, NC has been charged with multiple sex offenses against minors that occurred from the 1980’s to the present. Keever currently faces felony charges in both Polk and Rutherford Counties in North Carolina.

This matter is an ongoing investigation involving the Rutherford County Sheriff’s Office, the Polk County Sheriff’s Office, and the NC State Bureau of Investigation (NC SBI). Anyone with any information pertaining to Keever and the investigations is asked to come forward to speak with investigators. Due to the sensitive nature of these types of investigations no further information can be released at this time.”

 

On Thursday Oct 12, 2022 Claude Keever finally had his hearing for indecent liberties with a child. He had six (6) counts against him in this particular case. DA Ted Bell offered him a plea deal to plead guilty to three (3) charges with sentencing at the discretion of the court. Sentencing was 12-15 months for each charge to run concurrent to each other with credit for 84 days already served. As of now it looks like he will serve nine (9) months and then will be released without supervision per Judge Tommy Davis.

DA Ted Bell.

This case has been before DA Ted Bell since 2020. He has put it off, continued it and otherwise let this predator free to roam among children that he could victimize without any supervision. A “no contact with children” order was issued as a condition of his bond but predators such as this often find ways around those.

This man has been sexually abusing children we are told since 1980. No one but him really knows how long this has gone on. People told others, people in charge knew, yet he was shielded from prosecution.

Why is the question that most people ask? No one wants to believe that these predators live among us. They are often people who have “standing” in the community and are respected by most. There is always an explanation for anything that might come up and of course all the children involved are always making “stories” up for attention.

People actually feel sorry for the predator as he portrays himself as the victim to others. People often say “Oh he is such a good husband and father, such a good man in the community, he can’t possibly be connected with abuse.” You see well-respected people on social media congratulating him on things like a great hole in one at a local golf course. Unknowingly linking their approval of him to his victims.

As a victim you feel hopeless. No one listens, no one believes and worst of all no one does anything about it. I know, as I was a victim of such a man. Not Keever but someone like him. Someone I had no protection from. When I finally came forward his family and friends did not believe me. He was protected by his other friends/family in law enforcement much like it appears Keever was.

I realize as an adult it is horrendous to think someone you know could do such a thing. So horrendous that you turn away from it, but the victims cannot turn away. It is their world. It is a wound that will always ache deep within them. It is an almost unforgivable sin that forever alters their lives and the lives of those who love them.

This man Claude Keever has been committing these sins against children for over forty plus years and has been shielded and protected by very powerful people who I am sure had their own reasons for doing so. Some are family and some are friends but all were complacent in allowing these things to continue.

A very wise person once told me that on Judgment Day everyone had to answer for the sin of omission when they stood by and did nothing while someone abused a child. There are a lot of people who will be surprised on Judgment Day when the subject of Claude Keever comes up and they have to answer for all the many who were affected by the things they turned a blind eye to. DA Ted Bell in particular as he was directly responsible for allowing this man to continue to prey on children. I cannot fathom how he  could allow such abuse to continue for so long on his watch.

The abusers like to say “well maybe it was just this one time, or maybe they drank too much and they were just not themselves”but this is far darker and deeper than that. This behavior is never cured. It is not brought on by alcohol or circumstance. It is a deep sickness that lurks in their heart and mind forever. There is no rehabilitation for these type of monsters. If not incarcerated they need to be watched every second of the day if around children. There have been many examples where child predators say they always have the desire to have sex with children they just fear the consequences too much so they try to abstain.

The victims of this man have been crying out for justice for over forty plus years but nothing was done until someone finally had enough guts and power to push the authorities to finally charge him. It is beyond tragic. He has his plea deal now and will serve how ever much time as the authorities see fit of his sentence. He is 87 years old but make no mistake he is still a threat to children as long as he breathes outside of incarceration.

Is this justice for his victims? No, but at least it is a start to their process of acceptance and healing.

D.A.Ted Bell with Judge Randy Pool

We expect our DA to protect us from the criminals not shield them from justice like he did his friend former Judge Randy Poole. How many others he has turned a blind eye to or just continued their cases for more than six years? Why would he do these things……Why????

Claude Keever will eventually die and it would be nice to say the evil within him will die then too but unfortunately he has spread his evil and effected so many that it will continue to live for years and years. The effects of this are generational. Again, I know. It is not a fraternity you want to belong to, believe me.

I am writing strongly about this because I feel strongly about it. It goes on all too frequently in our society. Even the former Sheriff of Polk County Chris Abel was guilty of it (see link)  and was protected for years by his friends and co-workers. He ALSO took a plea deal (for NO jail time) when it finally went to court, supported by his deputies in the courtroom. Heartbreaking…..

We as a society have to do better by our children. We have to be more aware and alert. We have to listen and investigate no matter who the accused is. Our law enforcement must do better, have better training and learn to recognize the signs, and there is no excuse for any D.A. to delay by the time these cases get to him/her.

Say a prayer (if so inclined) for the victims of Claude Keever and for the victims of all who have been preyed upon by this type of evil. Hopefully they can come to terms with their trauma and accept it as a part of their life they cannot change and move on from it.

There is no justice when it comes to these acts. You cannot restore innocence and faith in a child so damaged. A sin committed against someone that has no restitution is considered one of the gravest things one can do. Anyone who knowingly protects these people is just as guilty.

Claude Keever, only YOU know how many child victims you have truly traumatized. Judgment Day is coming for you soon. Actions have consequences and yours will be dire for sure.

Plea in Officer Assault/Shooting Incident August 2021

On Thursday, October 13, 2022, a Forest City man, Akeil Kelis Omar Franklin, who was charged with shooting Senior Police Officer Hill and firing upon two other Forest City Police Officers in August of 2021, had a hearing in Rutherford County Superior Court.

During the hearing with Superior Court Judge T. Davis, Franklin accepted a plea agreement extended by District Attorney Bell’s office. As required by the plea agreement Franklin plead guilty to three (3) counts of Attempted First Degree Murder, one (1) count of First-Degree Burglary, and Assault on a Law Enforcement Officer with a Deadly Weapon. Following the acceptance of the plea agreement Franklin received a 300-384 month active or 25–32-year active sentence in the custody of the North Carolina Department of Corrections.

While there are far too many law enforcement partners who responded in August 2021 to assist in the apprehension of Franklin, the Forest City Police Department would again like to extend our deepest gratitude to all who came to assist. Without the many partnerships at the local, state, and federal levels this investigation may have taken much longer to complete.

Additionally, the members of the Forest City Police Department would like to thank the community for the outpouring of support in the days, weeks, and months following this incident. While it is our hope that these types of incidents do not occur, we hope that today’s court hearing can bring closure to both the officers involved in this incident and the community.

Old Fort Man Charged with Meth Possession

Lt. Kirk Hensley with the McDowell County Sheriff’s Office Community Impact Team charged 67-year-old Thomas James Pickett of Old Fort with Felonious Possession of Methamphetamine. A Magistrate issued Pickett a written promise to appear in court.

On September 2nd, Detectives with the Community Impact Team served an outstanding arrest warrant for possession of methamphetamine on Pickett at his Denver Ridge Rd. address. A search of Pickett turned up additional methamphetamine.

As NC’s decades-old rape kits are tested, new DNA evidence emerges

The N.C. Attorney General’s Office now has a website that tracks kit testing and arrests.

A sexual assault nurse examiner opens a rape kit at the Solace Center in Raleigh. File photo by Alicia Carter / Carolina Public Press

Sitting in shelves and languishing in storage rooms throughout North Carolina, more than 16,000 untested sexual assault kits contained the keys to solving decades-old crimes.

Two of these kits stored by the Durham Police Department yielded their secrets, and earlier this month, two men pleaded guilty to separate sexual assaults after law enforcement identified them using the DNA they left in crimes committed years ago.

Carlos Dominguez-Aguiar assaulted a woman at knifepoint after breaking into her home in 2015, according to the Durham County District Attorney’s Office. Timothy Rorie’s saliva was found on his victim after he broke into her home in 2005. In both cases, the evidence of the crimes sat in a Durham County Police Department untested rape kit for years, the DA’s Office said.

It’s a familiar refrain playing out in police departments and courtrooms across the state as the decades-old backlog of rape kits is finally tested.

The two kits yielded enough quality DNA to be included in the federal Combined DNA Index System, or CODIS, database. Law enforcement later learned of a match in each case.

Since the assault in 2005, state records show Rorie had been convicted of several crimes, including robbery, kidnapping, burglary and assault on a female, a crime commonly associated with domestic violence, according to the N.C. Department of Public Safety. Dominguez-Aguiar was serving a prison sentence in Texas for illegal reentry into the country, according to a Durham Police Department quarterly report.

After having the largest backlog of untested kits in the entire country, North Carolina is methodically working through those kits — more than 16,000 of them. A statewide initiative in 2019 to eliminate the rape kit backlog culminated with the Survivor Act, which requires any entity that collects a rape kit, such as a hospital, to notify law enforcement within 24 hours.

The act also requires testing of each rape kit in order to submit DNA profiles into CODIS. To date, the state legislature has provided millions of dollars to test the untested rape kits. So far, several men have been convicted of multiple sexual assaults, each after the state tested rape kits containing their DNA.

Statewide, around 40% of kits with DNA uploaded to CODIS, or 1,018 kits, have found a match in CODIS.

The DNA from another 1,481 kits has already been uploaded to CODIS, awaiting a hit from a possibly unknown person. That information is now displayed publicly, including down to the law enforcement agency level, on a new website.

The Durham Police Department had the largest backlog of any agency in the state, with 1,709 untested kits, according to information from the state Attorney General’s Office.

Of those, 1,469 kits have been submitted for testing and evaluation, and 94 of them have had hits in the CODIS database.

“The Sexual Assault Kit Initiative is an example of excellent coordination between Durham law enforcement and the Durham DA’s Office to hold people accountable for these violent offenses, even years after the fact,” said Durham County District Attorney Satana Deberry in a statement.

There have so far been seven arrests related to 10 assaults from the department’s backlogged rape kits, the DA’s Office said.

“I also want to recognize and thank the scientists whose work made these convictions possible,” N.C. Attorney General Josh Stein said in a statement earlier this month. “DNA is a powerful tool that helps us to achieve our goals of making our communities safer and getting justice for victims.”