Asheville policeman admits
to sending of lewd texts

An Asheville police officer accused of sexual harassment has admitted in a court filing that he sent lewd and racist text messages, according to his attorney.

However, the response, which was filed on behalf of Eric Lauffer, did not single out Officer Cherie Byrd as the recipient.
Lauffer and the city have been sued by Byrd, who contends she reported being harassed and the city failed to adequately address the problem.

Lauffer, 47, sent Byrd sexually explicit texts, including “messages such as ‘I must licky you’ and ‘I am just a man. Never satisfied always wanting more,” the lawsuit noted.

In a response, filed by Lauffer’s attorney Jim Siemens, stated that the policeman “forwarded texts with the described contents to members” of the Police Department’s drug suppression unit, including Byrd.

The city government submitted the same admission in its response to Byrd’s lawsuit, filed March 26. However, the city denied that Byrd, 30, suffered any change in her job status as a result of the messages or other actions by Lauffer, her former supervisor.

Both responses, filed June 24, asked that Byrd’s lawsuit be dismissed.

In addition, Byrd’s complaint said that other messages were derogatory toward African-Americans, including one sent around the time of President Barack Obama’s election in November 2008.

The aforementioned message stated that, “due to recent events: grape soda, red kool-aid, fried chicken, malt liquor, menthol cigarettes and gold teeth will be tax exempt.”

Both Lauffer and the city denied other actions that Byrd’s suit claimed were instances of sexual harassment or unfair treatment of Byrd.

The city’s response denies that APD Chief Bill Hogan took no remedial action after Byrd told Hogan or another department official “that there were discussions within the APD about her marital status.”

Lauffer was one of the officers of the year at the ADP in 2008. When Byrd’s suit was filed, Lauffer’s rank was sergeant. However, records show he is now listed as a “police officer senior.”

In her suit, Byrd, who is listed by the city as a “police officer senior,” says she was unable to work as a law enforcement officer for the city “because of her severe mental and emotional distress.”

Contrary to the city’s contention, Byrd’s attorney said she no longer is employed by the APD.

Former mayoral candidate
faces indecency charge

An Asheville mayoral candidate in the last election has been charged with taking indecent liberties with a Buncombe County public school student younger than the age of 16.

Denise Carol Pendleton, 46, of Louisiana Avenue was charged on June 28 for what officials said was an improper relationship with a student on May 6.

Pendleton, who ran unsuccesfully for mayor in 2009, was working as a bus driver and custodian at North Buncombe High School at the time. She said part of the reason for her campaign was to ensure that Mayor Terry Bellamy, the eventual winner, had a challenger.

The felony charge includes anyone who “willfully commit(s) or attempt(s) to commit any lewd and lascivious act upon or with the body of or any part of member of the body of juvenile who is a student and under the age of 16.”

Pendleton, who called the charge “bogus,” was released on a $10,000 bond.

More child porn charges
filed against MHC student

MARS HILL — On probation for possession of child pornography, a Mars Hill College student was arrested recently after his probation officer found child pornography on his cellphone, according to officials.

Jeffrey Thomas Silverman, 22, of 113 Complex Apartment Drive, Mars Hill, was arrested while he was in Marshall reporting for a routine probabion appointment, Madison County Sheriff Buddy Harwood noted.

The probation officer inspected Silverman’s cellphone and found what appeared to be child pornography, officials said.
“Images of young males either in the nude or some performing oral sex on each other” were seen on the phone by a detective Mike Boone.

Silverman was on probation for an earlier conviction of possessing child pornogrphy.

In his latest arrest, he was charged with probation violation, second-degree sexual exploitation of a minor and third-degree sexual exploitation of a minor, jail records indicated.

Prelimary autopsy results
show man died naturally

Preliminary autopsy results show that an Asheville man whose body was found in the French Broad River probably died of natural causes.

Nolan Trent Baner, 55, possibly succumbed to a heart attack, the preliminary results indicated. Complete results will take four to six weeks, police said.

Two canoeists found Baker’s body on July 3 face down and lodged against rocks about 30 feet from the east bank near 472 Riverside Dr.

Police said there were no visible injuries or apparent signs of foul play. Baker reportedly was homeless.

UNCA police report
two vandalism incidents

UNC Asheville Police reported incident/investigation reports involving vandalism:

A statue on Lot 16 was vandalized between June 27 and 28. The damage was reported at 6:59 a.m.. June 28. The statue was valued at $500.

In another case, building materials at the Event Center construction site on Campus Drive were vandalized with spray paint between June 26 and June 27. The damage was reported at 7:15 a.m. June 27. The materials were valued at $3,000.