ROBBINSVILLE
Smith trial delayed again
A trial set to start in Graham County Superior Court on Nov. 7 was pushed back again after the defendant’s counsel expressed concerns over the time frame for trying the case.
Attorney Rich Cassidy, who along with Holly Christy is representing 82-year-old James Jay Smith on an attempted murder charge, said he did not see the trial being completed this court term, with Veterans Day falling today and Cassidy being needed for a separate trial in Cherokee County starting Nov. 15. Smith claims he acted in self defense.
Special Superior Court Judge Athena Brooks said the Cherokee County matter took precedence over Smith’s trial due to the amount of time the defendant in the Cherokee County matter had been incarcerated. The next possible date for the trial to be held in Graham County falls on Feb. 28, 2022.
However, Brooks said she would look to consider what other options might be available for the trial to happen sooner. She emphasized that she was aware of the small number of trial weeks in Graham County, and she would communicate with the state to see what could be done to remedy the
situation.
HAYESVILLE
Big D burns, will reopen
A longtime fixture of Hayesville is gone, but its absence will only be temporary.
Workers tore down the Big D Convenience Store at Old Highway 64 on Nov. 2, as the company gets set to move into a larger building directly behind the old facility.
According to co-owner and district manager Jim Duncan, the Big D building had stood in that spot since the early 1960s. Duncan hopes to have the new store open by mid-December. Patrons will have access to the new pumps at all hours if paying by card.
“People will be able to get any of those fuel products 24 hours a day, seven days a week,” Duncan said.
The new facility will also feature more options inside and outside the store, including a significant expansion of its number of fueling stations. The new stations will be placed where the old store building was located.
HAYESVILLE
One call says it all
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A Hayesville man who defied court orders and called a state’s witness before and during his trial this week compounded his legal troubles.
District Attorney Ashley Welch said Amir Patterson, 38, received a 25- to 39-month sentence for firearm by felon, 10-21 months for felony failure to appear and 19-32 months for obstruction of justice. Patterson’s sentences are active and consecutive (occurring one after the other).
Additionally, on his release from prison, Senior Resident Superior Court Judge Bill Coward ordered Patterson undergo nine months post-release supervision and 48 months probation, suspended. If he violates conditions of parole, three additional counts of obstruction, each carrying a penalty of 19- to 32-months in prison, will be activated and served
consecutively.
Patterson placed the calls to his ex-girlfriend. He falsely claimed on May 14, 2020, that she owned a car he’d stolen from Cherokee County and that a rifle in the back seat also belonged to her.
In North Carolina, convicted felons are not allowed to possess firearms. Patterson pleaded guilty in 2009 in Cherokee County Superior Court to trafficking opium or heroin, a felony crime.
From staff and Clay County Progress reports.