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Wednesday, 18 October 2006 11:09 |
UNCA police charge man
with handgun possession
UNC Asheville campus police charged David Matthew Bibb, 23, with possession of a handgun on school property last Friday afternoon.
Bibb, who lives at 2760 Icard School Rd. in Connelly Springs, is not a student at UNCA, although the police report listed his occupation as a student.
The incident began when Officer Steve Metcalf responded to a report from the housing staff that a strong odor of marijuana was coming from 624 Founders Hall dormitory.
While en route to investigate the call, Metcalf was stopped by another housing official in front of the Dining Hall. The housing official told Metcalf that he was chasing a man who had run out of the dorm room from which the marijuana smoke was coming, police noted.
Metcalf then ran around the corner to the parking deck, where he encountered Bibb, according to police reports.
After showing Metcalf his driverës license, Bibb told the officer that he was on campus visiting his girlfriend.
Metcalf then searched Bibbës vehicle and discovered a .45-caliber handgun on the floor of the passenger side, police reported.
Though the gun
did not have a round in the barrel, it did have five in the magazine,
according to Metcalf, who then secured the weapon and transported Bibb
to the Buncombe County Detention Center.
He was released on a written promise.
In other action, the campus police:
ï Issued state citations last Friday morning to two students and one nonstudent for possession of alcohol under age 21.
The UNCA
students were Elizabeth Pearson McLaughlin, 18, of 413 Mills Hall; and
Peter Holford Gwynne, 19, of 202 Westridge Hall.
In addition, police charged Joseph Raymond Stapleton, 18, of 58 Outback Lane in Banner Elk.
Earlier,
officers Shannon Green and Robbie Craig responded to a report from
housing staff that loud music was coming from McLaughlinës dormitory
room about 2:15 a.m.
When they knocked on the door, the officers were greeted by McLaughlin and Gwynne. Stapelton was also in the room.
Green immediately detected a strong odor of alcohol, according to reports, and asked the students for identification.
While
interviewing McLaughlin, he reportedly noticed that her speech was
slurred, her movements were erratic and her eyes were glassy, prompting
Green to ask her to submit to an Alco-sensor test, which she refused
four times.
At that point, Sgt. Bruce Martin arrived to assist the officers.
Green also
observed that Gwynne was "unsteady on his feet" and detected a strong
alcoholic smell on his breath, according to police reports
As a result, he asked Gwynne to submit to an alco-sensor test, which he refused about four times, police noted.
Stapleton
reportedly admitted to having consumed several beers earlier and
voluntarily submitted to an Alco-sensor test. He registered a 0.08 BAC,
according to reports.
ï Charged Roger
Joseph Perez, 19, of 210 Mills Hall with drinking under age 21 after he
reportedly was observed riding on a cart on the loading dock of
Highsmith University Union.
Officer Brandon
Hunnicutt saw Perez ride the cart and collide into a nearby golf cart
before walking around the side of the building toward Mills Hall,
police noted.
Hunnicutt then stopped Perez and asked him what he had been doing.
Perez replied
that he had been riding the cart and when asked why he had done this,
he replied, "Because itës (expletive deleted) awesome!" according to
reports.
Hunnicutt
detected a strong alcoholic odor on Perezë breath and asked him to
submit to an Alco-sensor test, which he refused, police said.
However, upon
further questioning, Perez reportedly admitted to having consumed two
or three beers with friends in front of Founders Hall dormitory.
When Hunnicutt
asked where the beers came from, Perez answered that "the beer fairy
brought it" to him and that the fairy "just followed him and his
friends around," according to police reports.
Hunnicutt noted
in the report, "Based on my training and experience, I believed Mr.
Perez to have consumed alcohol" and issued him a state citation.
Manës fatal fall from bridge
termed accident by police
An Asheville man died Oct. 10 after falling from an Oakley railroad bridge.
Police did not
release the identity of the 48-year-old man, whose body was spotted by
a motorist around 2:30 a.m. beside the ramp leading from eastbound
I-240 to westbound I-40.
However, a
spokesman for the Asheville Police Department did note there was no
reason to believe the fall was anything other than an accident.
Bull riderës 2nd case ends
in mistrial; 3rd trial planned
A mistrial was
declared Friday after jurors said they were unable to reach a unanimous
verdict on whether former professional bull rider Billy Ray Byrd was
guilty of attempted murder in the shooting of his wife.
The ruling was
made by Superior Court Judge James Baker after the jurors said they
were hopelessly deadlocked after more than two days of deliberations.
The case marked
the second mistrial for Byrd on a charge of attempted first-degree
murder in the shooting of his wife, Carrie Byrd, on May 23, 2004 at
Olsten Staffing Services in Arden.
Afterward, Assistant District Attorney Rodney Hasty said Byrd will face a third trial on the charge.
The jury
reportedly was split 7-5, although it was not announced whether that
was in favor or acquittal. Conviction requires a unanimous verdict.
At the end of
last yearës trial, Byrd was convicted of assault with a deadly weapon
with attempt to kill, inflicting serious injury and was sentenced to 16
years in prison. He also was convicted of violating a restraining order
and assault with a deadly weapon on one of his wifeës co-workers,
Gerald Cotton.
However, the jury was deadlocked on the attempted murder
charge.
Byrd allegedly
plotted the murder of his wife because he was angry that she was ending
their marriage and had him removed from their Pisgah Forest home.
His defense
attorney, Sean Devereux, claimed that Byrd could not form the intent ǃÓ
a key element in attempted murder ÇƒÓ to shoot his wife because his brain
was damaged from many head injuries during years of riding bulls on the
professional rodeo circuit. However, prosecutors have contended that
there is no evidence of brain damage.
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