
The front yard of Faison resident Lacy Phipps features an elaborate gallows display, with hanging mannequins labeled with the names of government officials. District Attorney Dewey Hudson said this week that after a lengthy investigation, Phipps will not recieve any criminal charges for building the display.(Photo by Doug Clark)
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District Attorney Dewey Hudson said that while an elaborate gallows display in the front yard of a Faison man, with hanging mannequins labeled with the names of government officials, including Hudson, is “distasteful” and “troubling,” no criminal charges will be filed against him.
He called the issue a First Amendment right versus an ethical right case, with the First Amendment winning out.
The display is the design of Lacy Phipps, who apparently is using the gallows humor to send out a message regarding his continued grievance with law enforcement.
Hudson said all aspects of the gallows — labeled with names that include his own, as well as that of Duplin County Sheriff Blake Wallace, former Gov. and Attorney General Mike Easley, as well as other local judges and attorneys — have been carefully looked at and, unless the county enacts some ordinance, no charges will be filed.
“With the present laws the way they are, there is really nothing we can do,” Hudson said Thursday. “It is a difficult case, and while it is distasteful and troubling, it is First Amendment right verses ethical right ... There were a lot of things that we looked at. We contacted the judges to make sure that no one from the Phipps family tried to contact any of them because we wanted to make sure there were no threats made against them. In the end, there weren’t any made.”
Published reports state that Phipps said he put up the display to bring attention to his problems with the government and the improper way the murder of his son, William Phipps, was handled.
According to reports, on Sept. 5, 1995, Phipps and his son were shot by a 7 mm gun in an ambush as they they were returning home together. Both were shot — Lacy survived, William did not.
The triggerman, Jimmy Coley, was tried for the murder, but an Onslow County jury found him not guilty by reason of insanity in July 1996. Coley testified that he “didn’t remember” anything that happened from shortly before the murder until about noon the following day. A psychologist stated that Coley had a mental breakdown because the Phipps family had been terrorizing his parents.
As of this week, the mannequins are still hanging in Phipps’ yard.
“As I said before, this is a case that has been going on for decades,” said Hudson. “There are a lot of things that he (Phipps) is angry about and a lot of disagreements he has had with everyone involved. He is consumed with anger over his son’s death; he is consumed with hate and anger over losing some of his land years ago. He blamed everyone for losing his land. Well he lost his land because he didn’t pay back the loan. This has been going on for years now — the lesson in all of this is that this is what can happen when you allow your life to be consumed with hate.”
Hudson said that, in truth, he hadn’t spoken about Phipps’ case since an all-out media blitz took place back in the middle of June. The last thing that Hudson wanted to do, he said, was to continue to bring attention to Phipps.
“Well, I really didn’t want to rehash all of it and give him more publicity,” he said. “The truth is, we investigated it and I was hoping that it would just die down. What he is doing is not patriotic ... it’s troubling.”
To reach Doug Clark call 910-592-8137 ext. 123 or send e-mail to sisports@myclintonnc.com.
It is encouraging to read that wise locals consider omissions and potentially misleading information along with the text (i.e. reading between the lines), enabling one to discern when to properly challenge authority and propaganda, within lawful boundaries of course, instead of marching blindly in any direction they may lead.
M. Phipps designed and manufactured the Gallows as an expression of his First Amendment Rights to expose corruption within law enforcement and the criminal justice system.
WRAL Reports:
Sampson DA won't prosecute deputy's cases
Posted: Jul. 24, 2009
Clinton, N.C. — Sampson County's district attorney says he won't prosecute any cases handled by a sheriff's deputy.
Citing "false and misleading information" in Deputy Bobby Smith's reports, District Attorney Dewey Hudson said in a June 30 memo to all court officers that he would no longer prosecute any criminal cases the narcotics investigator has handled.
Hudson, the chief prosecutor in the Fourth Prosecutorial District, which also includes Duplin, Jones and Onslow counties, said he based the decision on two felony cases from Smith that he has had to dismiss.
"I found in one case, when a husband and wife were charged, he had misunderstood the law and that they probably should not have been charged," Hudson said.
In another case, Hudson said Smith falsely reported seeing a drug suspect running out of a building.
"I'm not going to sit here and say Mr. Smith is corrupt," Hudson said. "The quality of how he handled these particular cases concerns me so that I was compelled to do what I did."
Smith, who has been in law enforcement for 16 years and has worked in Sampson County since 2006, is currently on administrative duty.
"He's a good employee, but we are concerned," Sampson County Sheriff Jimmy Thornton said.
Thornton said he began his own inquiries after Hudson alerted him weeks before the memo.
Hudson will review all of Smith's cases from last year. It's unclear how many cases Hudson's decision will affect or if Smith acted illegally.
"We'll just have to wait and see," Thornton said. "Just because there may be a dark cloud out there, doesn't mean it's going to rain."
Reporter: Bryan Mims
Have any of you read what this article is about?? Talk about needing a lesson in reading comprehension.
This is about a First Amendment issue, you three morons.
D.A. Won't Prosecute Narcotics Deputy's Cases
Reece Murphy
Reporter, Dunn Daily Record:
District Attorney Dewey Hudson has sent out a letter to judicial officials in Sampson County saying he will no longer prosecute cases involing a narcotics officer with the Sampson County Sheriff's Office.
The letter, dated June 30, says the decision was made after a review of dismissed felony cases assembled by Deputy Bobby Smith of the sheriff's Special Investigations Unit.
"Effective immediately, my office will no longer prosecute any criminal cases in which Sampson County Deputy Bobby Smith is a material witness," the letter says. "In the interest of justice, I am requesting judicial officials to not issue any new criminal process at his request or in which he is a material witness.
"I feel compelled to do so after a review of several dismissed felony cases for lack of evidence and false and misleading information contained in his reports," Mr. Hudson says in ending the letter.
The Daily Record missed phone calls by Mr. Hudson returned yesterday afternoon and he was unavailable for comment as of press time this morning.
It is not immediately clear how many cases were among the "several" mentioned in the letter and it is not known how many past cases the decision will affect.
According to sheriff's Chief Deputy John Connerly, Deputy Smith has 16 years experience in law enforcement. Chief Deputy Connerly said Deputy Smith originally worked for the Sampson County Sheriff's Office from 1993 to 1996 before leaving for stints at the Clinton and Goldsboro Police departments.
He said Deputy Smith returned to the Sampson County Sheriff's Office in 2006 and shortly thereafter began working as a narcotics officer in the Special Investigations Unit.
Sampson County Sheriff Jimmy Thornton stood by Deputy Smith and said he was a good officer who was dependable, conscientious and hard working and said none of the cases involved any illegal activity on Deputy Smith's part.
"He is a good officer and certainly has credibility and respect and would not do anything except what needs to be done," Sheriff Thornton said.
"It wasn't a matter of him doing anything that's not legal, it was not doing the reports correctly, in haste leaving things out that were omitted, not by design ... incomplete reports," he said. "When you field 25 to 40 calls a day (on drug tips), it's overwhelming. I make them investigate all of them."
Sheriff Thornton said he spoke to Mr. Hudson and his staff before the letter was sent and thought they had worked things out by checking the facts of the cases in question with Deputy Smith and devising plans with Mr. Hudson's staff to address their concerns.
Sheriff Thornton said he was not sure how many cases Mr. Hudson considered in making his decision. He said he understood Mr. Hudson did what he felt he needed to do as the district attorney though the sheriff disagreed with it.
Sheriff Thornton said he felt Deputy Smith should be given the same presumption of innocence afforded to all under the law.
"Certainly if a suspect in a crime is entitled to due process and consideration, you know certainly those of us in law enforcement are due the same," he said.
Sheriff Thornton said the move could potentially be career-ending for Deputy Smith as a drug agent. He said while the department is forced for the most part to accept Mr. Hudson's decision, he understood Deputy Smith is considering legal action on his own.
Sheriff Thornton and Chief Deputy Connerly both said Deputy Smith will remain employed with the sheriff's office.
Chief Deputy Connerly said he planned to move Deputy Smith to a position overseeing booking operations at the jail. He said Deputy Smith is currently out of work for reasons unrelated to Mr. Hudson's decision, but is expected to return to work soon.
He said he has spoken to him recently.
"He's very distraught over it," Chief Deputy Connerly said. "When the letter first came out he couldn't understand why it was done."
Does he work for the Sampson County sheriffs office?
Bigtown has spoken.