First Amendment wins out; no charges will be filed for gallows humor
by Doug Clark
13 months ago | 1019 views | 27 27 comments | 7 7 recommendations | email to a friend | print
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)
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)
slideshow


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.
comments (27)
« lafe_crick wrote on Wednesday, Aug 05 at 09:02 AM »
Even though you are very articulate,censorshipbythepress, you didn't really say anything. You only shown us you had some sort of higher education compared to most of the locals. Thank you. I can only hope my worthless master's degree can serve me as well.
« anonymous wrote on Wednesday, Aug 05 at 09:00 AM »
Drive on Mr. Phipps!
« censorshipbythepress wrote on Wednesday, Aug 05 at 08:15 AM »
I agree that anger might be involved in his motive. I know it would be if I were in his shoes, possibly revenge or justice too. Like salt on an open wound, the gross amount of resources frivolously spent on exploring and reporting obvious rights would sting me mercilessly if my child was killed with what I deemed less than adequate investigation and journalism.

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.
« greegreene wrote on Tuesday, Aug 04 at 05:39 PM »
Come on get real. Mr. Phipps designed and built the gallows for one reason to make somebody mad.

« lafe_crick wrote on Tuesday, Aug 04 at 02:30 PM »
Unless your legal name is "censorshipbythepress" and that made up log in names are considered a suitable sub for legal names, I'm sure your character is still in tack. Sorry, if my brutal honesty offends you, but so be it. I see I did get my point across to YOU even with my inability to do so. Why don't you stay on point and stop whining about obscure subject.
« censorshipbythepress wrote on Tuesday, Aug 04 at 11:58 AM »
Please try to avoid defamation of character which typically only indicates a person's inability to make some point exceedingly well.

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.
« censorshipbythepress wrote on Tuesday, Aug 04 at 11:36 AM »
A subtopic within the thread is corruption of the authoritarian sort.

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
« lafus_crickamus wrote on Tuesday, Aug 04 at 08:38 AM »
censorshipbythepress, greegreene, itallmakessensenow

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.
« censorshipbythepress wrote on Tuesday, Aug 04 at 07:13 AM »
7/21/2009 12:10:00

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."

« greegreene wrote on Monday, Aug 03 at 12:51 PM »
It amazes me just how ignorant some people are. Sheriff Thornton I understand has done an outstanding job of bringing decent law enforcement to Sampson co. I have not lived in Sampson for his entire time in office but what I've seen since I've been back has been nothing but good. Look at what sampson had before him.Then be thankful that you have a man like Jimmy Thornton Serving as Sheriff.
« itallmakessensenow wrote on Monday, Aug 03 at 11:58 AM »
You know this is really easy to figure out. This is to the people that don't know what's has happened at the Sheriff's Office. Rather you are for or against the Sheriff, I'm going to share this with you all. There has been two employee's, a husband and wife, that was recently terminated from the Sheriff's Office. One was supposedly a sgt at the jail, the other one a bailiff/transport deputy. This husband and wife are probably the most corrupt cops you have ever seen or known. The wife thought it was ok to go to Roseboro and gamble at the business center and then file a false police report stating that her car had been broken into and her service weapon being stolen. Now indeed the her service weapon was stolen, but not in Roseboro. She was fired for ethical and moral values needless to say. Now the husband has a home improvement business on the side. He provided a doctor's note the to the captain and major stating that he would be out of work for injuries to his back and leg. Long story short he was caught hanging sheet rock at a residence outside of Clinton when he was supposed to be home "recovering" from his injuries. Now that that's out of the way, that's the reason these two people are no longer with the Sheriff's Office. These two people are responsible for most of the negative comments published on this post. The citizens of Sampson County deserve better than you two, and that's why your standing in the welfare line. Good luck to you crooks, and your want to be Sheriff Ray Self hasn't got a chance. Your careers as law enforcement officers are over. We'll see on the streets!!
« lafe_crick wrote on Monday, Aug 03 at 08:38 AM »
I wish Dewy would have pursued this matter further. It would have been funny to see the ACLU crawl all over his country butt. Dewy, I don't know if you're arrogant or retarded or both.
« anonymous wrote on Sunday, Aug 02 at 11:23 PM »
how did william furmage see footage from the jail?

Does he work for the Sampson County sheriffs office?
« captdgrady wrote on Sunday, Aug 02 at 11:21 PM »
can someone help me find my earrings? I lost them in the majors office.
« captdgradeathome wrote on Sunday, Aug 02 at 11:20 PM »
I lost my earrings in the majors office can someone help me find them?
« sheriffjthorton wrote on Sunday, Aug 02 at 11:17 PM »
Does anyone know where the sampson county sheriffs office is located?
« chiefjconnerly wrote on Sunday, Aug 02 at 11:16 PM »
I suck! Please stop picking on me.
« adam10 wrote on Sunday, Aug 02 at 11:15 PM »
whats up now boyz? Bobby Smith and the whole Sampson County Sheriffs Office is Corrupt. Dewey Hudson done them a favor. Let it go. Sheriff Thorton and the good ol boys are about to step down. Just keep reading the Sampson Independent and you will see these guys sink their own ship. They could not run the sheriffs office if they had a 3rd grade instruction booklet. Look at the mess they have made of this county in the last 6 years. Just look at the murders, break and enterings, meth labs, etc. All these things are rising in numbers. Even thought the sheriffs office have added additional staff over the years they are not decreasing the crimes. They are more worried about writing tickets and traffice stops that doing what a true sheriffs was designed to do. They rather show average citizens internal affairs video footage of crime being conducted in the jail and not doing anything about it than to get out in the county and do some real police work. I hardly ever see a county car around Harrells. We are Sampson County Citizens also. We need protection down our way too. Don't make me pull out my hog leg and become mr. justice.
« Bigtown wrote on Sunday, Aug 02 at 11:06 PM »
Its wrong to try to take away a persons first amendment right. I wonder how much money was spent to try and put Mr. Phipps in jail over something perfectly legal? Dewey Hudson I have a question. Why don't you spend your time and our money to put people in jail that deserves it? Like say---- Bobby Smith with the Sampson County Sheriffs Office for committing Purjury, or falsifying documents, or lying to a majistrate, or stepping on a persons constitutional rights, or let the sheriff know that he violated oh lets see, policy and procedure for conduct unbecoming, and lying, and code of ethics violations, and improper use of authority and many more. Wow!would'nt it be amazing for someone to actually go to jail that was actually guilty. Well everyone know the Sampson County Sheriffs Office is corrupt anyway.

Bigtown has spoken.
« in-face-now-boy wrote on Sunday, Aug 02 at 10:57 PM »
Go anonymous!!! You tell it like it is. I know Mr. Self, and he will make a terrific Sheriff. I will support him and back him to the end. It is time for a change. I am a victim of the Sampson County Sheriffs Office abuse of power. But I know their time will come. Its a shame that Sheriff Thorton want speak to the public when they go to the sheriffs office unless he invites them. He better enjoy the little time he has left.

Report Abuse...

Comment Guidelines:
The Sampson Independent welcomes and accepts online comments on the basis of relevance to stories. However, profanity and unsubstantiated statements serve no purpose in a discussion of issues of concern in the community and are not accepted, will not be posted and are deleted. When addressing issues of public concern, authors are advised to use statements of fact and focus on topics in an intelligent and clear manner. Comments are recommended to be less than 400 words. The Sampson Independent reserves the right to correct or edit comments for clarity as appropriate and now has an approval process in place that requires each comment to be approved before being posted on the website. Comments made after 11 p.m will be posted the following day. Thank you, The Sampson Independent.
WEATHER
Sponsored By:

LOTTERY
Sponsored By:

STOCKS
Sponsored By:

GASOLINE PRICES
Sponsored By:

featured businesses
RECIPES
Sponsored By: