See Page 3B Volume 129 • Issue 35
Wednesday, August 30, 2017
kmherald.com • 704-739-7496
75¢
‘We won Round Two” says property owners
Land dispute case is moving forward Superior Court Judge Jesse Caldwell on Aug. 14 in Cleveland County Superior Court whittled BRINKLEY down three of nine allegations by the plaintiffs in the second round of a land dispute on Kings Mountain Boulevard that is at the center of a civil law suit. “We won that round,’’ said David Brinkley, speak-
IN THE LINE OF DUTY - Retired Kings Mountain Police Chief Bob Hayes stands at the shadowbox displayed at the Police Department which celebrates his survival after being shot in the back six times Dec. 19, 1977. Photo by ELIZABETH STEWART
Shadowbox of memories ELIZABETH STEWART lib.kmherald@gmail.com
A framed shadowbox with memorabilia of that horrendous day – Dec. 19, 1977 – when KMPD Officer Bob Hayes was shot in the back six times is now mounted in the front office at the Kings Mountain Police Department. Before he retired recently, Chief Melvin Proctor hung the large shadowbox at the police department. Mark Lee, probation officer, and Tim Elmore, a deputy with the Sheriff’s Department, were also instrumental in recovering the shadowbox which had hung for years in a museum. The two contacted Proctor and the shadowbox is now home. There were no bulletproof vests 40 years ago when the 39-year-old Hayes was responding to a call. A Kings Mountain man was trying to stop police from recapturing a friend who had run into his home. Hayes said the events which led to the shooting began with the arrest by Officer Ralph Grindstaff of a suspect on drug charges. The suspect jumped from the patrol car and ran into a residence on N. Piedmont Avenue. Assisting in the apprehension of the man, Hayes said he approached the house when another man came out, pointed a gun at him and told him to leave. Hayes said he did leave the scene but parked the patrol car a short distance away and slipped around to the back yard. The man who had pointed a gun at him was sitting on the hood of a car. “I ran toward him but I slipped and fell. He shot me in the back with me on the ground.” “I was a lucky man,’’ said Hayes. “One bullet missed my lung by an inch.’’ Hayes said he was glad at
the time that he stood 6 feet 6 inches tall and weighed 260 pounds. “If I hadn’t been a large guy there would have been lots more damage.” Hayes, now 79, said he learned a lot from that life-threatening incident. He said it drew him even closer to his wife, Sue, and daughter, Deborah, and his mother. For years they had a quiet family gathering on the anniversary of the shooting to celebrate his survival. Hayes also abandoned his philosophy that everybody is a good guy. Now he knows there are people out there who will shoot you in a heartbeat. During his 36 years with KMPD he stressed that message to officers he supervised and hounded them always to be careful and alert. Hayes also understands the frustration of crime victims. His assailant was paroled after 18 months in jail. “I have no animosity. “I’m ‘just glad to be alive, except for the Grace of God I wouldn’t be.” Bob recuperated 4 ½ months before returning to street patrol. It took him months more to rid himself of the flashbacks that came with each call about an armed suspect. “But finally, I overcame it and without psychiatric help. I just thought my way through it,’’ he said. Hayes now helps officers through the organization for troopers, sheriffs, and police called “Still Standing.” Several of the officers helped him in getting the materials together for the shadowbox which retired KM Police Chief Melvin Proctor displayed proudly at the police department. Pictures, his uniform, bullets, newspaper clippings and other paraphernalia spanning long service are displayed, including friendly notes. “Kings Mountain has always been good to me,’’ he said, noting See MEMORIES, Page 7B
ing for 15 property owners who are suing the City of Kings Mountain and Orchard Trace over proposed development of 120 acres of land along Kings Mountain Boulevard and Margrace Road. He said at the motion to dismiss hearing “we won most of the causes of action in our amended complaint. The defendant’s attorneys decided not to argue in favor of dismissing three of the nine causes of action in our complaint and we won on three more. While we still have six
of our nine original causes of action left to argue the case is moving forward.” The court file shows that the plaintiffs (the property owners) and the City of Kings Mountain and Orchard Trace (defendants) are now in discovery and will be exchanging information back and forth prior to the next court hearing possibly in September. What the results of a public hearing Tuesday night by city council will mean to the case would be pure specula-
tion but the goal of the land owners is to reverse the zoning, which was changed from Residential 10 to Conditional District R-6. At the Herald’s press time, the public hearing was underway at city hall. By order of Judge Caldwell the city’s motion to dismiss counts 1,5, and 7 of the plaintiff’s amended complaint was dismissed and the defendant’s motion to dismiss counts 3, 4, and 6 of the plaintiff’s amended complaint was denied. See DISPUTE, Page 7B
KMLT to present “The Little Mermaid’’ Kings Mountain Little Theatre will present Disney’s “The Little Mermaid” Sept. 15, 16, 22 and 23 at 7:30 p.m. and Sept. 17 and 24 at 3 p.m. plus student performances on Sept. 14 and Sept. 15. The music for the show is by Cydney Wallace and it is directed by Sarah Sandoval. The show is sponsored by Edward Jones and Jack and Pam Buchanan. KMLT President Jim Champion says KMLT is now accepting reservations for the 2017-18 season members at 704-730-9408 or on line at tickets@kmlt. org Tickets to all public performances are available online at www.kmlt.org
The 42 feet long Toterhome overdrive digital bookmobile is coming to Mauney Memorial Library Sept. 5 and the welcome mat is out by Library staff to the community to take the tour. Photo by TERRY BIVENS
Digital Bookmobile National Tour at Mauney Library September 5 The Digital Book Mobile National Tour will make a stop in Kings Mountain Sept 5. Traveling coast to coast, the mobile exhibit will provide an interactive experience for readers of all ages to explore eBooks and audiobooks available at Mauney Memorial Library on Tuesday, September 5 from noon to 6 p.m. A high-tech update to the traditional bookmobile,
visitors can learn how to borrow digital books, stop at the Gadget Gallery to explore a variety of devices, talk with eReading experts and so much more. Tours are free and open to the community. Readers can borrow eBooks and audiobooks anytime, anywhere by visiting https://e-inc.overdrive.com/ “Through technology it is amazing what we have at our fingertips, even more so
Tickets now on sale for Democratic Primary Museum Early voting is underway dates and one unaffiliated event at the Cleveland County candidate.
with your library card. We are excited for Kings Mountain to have this opportunity to play with all types of gadgets, tech tools and learn about our resources,” said Sharon Stack, Library Director. “Be sure to mark your calendar.” In addition, to the Bookmobile, Rollin’ Doggie food cart will be on hand with hot dogs, bologna sandwiches, nachos and cheese and See BOOKMOBILE, Page 7B
Early voting is underway
Tickets are now on sale for Kings Mountain Historical Museum’s 14th Annual Reverse Raffle & Auctions. This year’s event will be held at the Patrick Senior Center on Saturday, September 9. One $125 ticket includes a delicious dinner for two and a 1-in-300 chance to win the Grand Prize of $10,000. The evening will feature live, silent and cake auctions, as well as lots of great raffle prizes, camaraderie, and entertainment. The theme of this year’s event will tie to the museum’s current exhibit, Great Gatsby: Cleveland County in the Roaring Twenties. Guests for the evening will enjoy the elegance of the era, and 1920s dress is encouraged. See photographs in today’s Herald on page 6B.
Board of Elections in Shelby in the primary race involving six Democratic candidates running for the Cleveland County Board of Education. On Sept. 12, voters will eliminate two of the six candidates on the ballot and the elected four will appear on the November ballot with the four Republican candi-
Four seats are up for grabs in the November election. The Democratic candidates are Phillip Glover, Guy Newton Suttle, Barbara Romich, Coleman Hunt, Tommy Greene and Dena King Green. Early voting hours are Monday through Friday, Aug. 28-Sept. 1 from 8
a.m.-5 p.m.; Tuesday-Friday Sept. 5-8 from 8 a.m.-5 p.m. and Saturday, Sept. 9, from 8 a.m.-1 p.m. Voters can also register to vote and cast a ballot during Early voting only. Voters can also request a ballot be mailed to them using the N. C. State Absentee Request form available at the local elections office or online at elections.clevelandcounty.com.
Albemarle Foundation gives $15K to Family YMCA Cleveland County Family YMCA is pleased to announce it has received a $15,000 grant from the Albemarle Foundation. These funds will support the Cleveland County Family YMCA race series. The Albemarle Foundation annual community
campaign supports local nonprofit organizations in the areas of education, health and social services, and cultural initiatives. Albemarle Corporation is a global specialty chemicals company with a plant located in Kings Mountain. They are an industry leader
in lithium, bromine, refining catalysts and applied surface treatments. This year, Cleveland County Family YMCA was one of the recipients and received a check for $15,000. The grant will be used to offset the expenses of See $15K, Page 7B
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