Asheville Citizen-Times from Asheville, North Carolina • Page 17

Our Mountains THE ASHEVILLE CITIZEN Local News Lifestyle Sports Obituaries Comics Movies Tuesday, Sept. 29, 1987 Section Jury Clears Ramirez Of Murder 7 rtr ft By ED BRACKETT Tri-County Bureau HENDERSONVILLE Daniel Ramirez Gonzales did not kill Carlos PortiUo, a Henderson County Superior Court jury ruled Monday. The verdict meant that Ramirez a Mexican migrant worker for whom prosecutors sought life imprisonment for first-degree murder was free to go. Ramirez, 32, admitted to firing shots near the intersection of First Avenue and Washington Street about the time Portillo, also a migrant worker, died in the early morning hours of Oct. 3, 1986.

But the role of another migrant worker who was with Ramirez at the time Jose Lopez was repeatedly brought into question by defense lawyers Arthur Redden Jr. and Elisabeth Wyche. Wyche and Redden, Henderspn-vule lawyers, maintained that Lopez, who has presumably fled the area, shot Portillo. Lopez, who roomed with Ramirez at 112 Rhodes the Hender-sonville area shortly after the shooting, even though police had asked him to testify in the case. Lopez told police officers that Ramirez shot Portillo, leading to Ramirez's arrest, a former HendersonviUe police detective testified.

"The only thing (Ramirez) is guilty of is being a dummy," Redden said in his closing argument. "He was out there drinking and carrying a gun, knowing somebody might get hurt." Prosecutor Roy NeilL assistant district attorney for the 29th Judicial District, said Portillo, who was shot three times, was "run down like a dog." "I do not want to prosecute an innocent person," Neill said of Ramirez. "And I'm not prosecuting an innocent man." According to testimony, Ramirez, Lopez and Portillo left their Rhodes Street apartments about midnight to buy beer. As they walked toward the intersection of First Avenue and Washington Street, Ramirez pulled his gun from his belt and fired, according to different witnesses including Ramirez himself, who said he was drunk and depressed at the time. The points of contention during the four-day trial centered on Ramirez's motives and the direction of his shots and, toward the later stages of the trial, whether Ramirez actually shot Portillo.

On Friday, jurors heard surprise testimony from a fourth migrant worker, Emilio Gomez, who said Lopez confessed to the crime about two weeks after the shooting. Lopez, according to Gomez, watched Ramirez fire at a telephone pole and then pass out on the street Lopez who had been arguing with PortiUo shortly before, according to testimony then picked up Ramirez's gun and shot and killed Portillo, Gomez said. Ramirez, who also took the stand Friday, did not claim that Lopez killed Portillo he said he could not remember what happened after he shot the weapon "two. or three times" and fell to the street. The all-white jury considered five possible verdicts: guilty of first-degree murder, guilty of second-de-See RAMIREZ, Page 4B I 7-StoH Photos Bv GARY FIELDS A New Fishing Hole Brothers Junius and Westray Daves try out the new S.iiith Bridge as a fishing spot on the French Broad River.

Westray (above) casts his line, hoping the fish are biting below. Over the years, the brothers have found the perfect use for liver as fish bait. Although both have been fishing for years, they still give and get some brotherly advice on the art of hooking a fish. Clay Awards New Ambulance Contract To Republican By BOB SCOTT i Western Bureau HAYESVILLE The Republican Clay County Board of Commissioners has awarded a new ambulance contract to a fellow RepubUcan. And, according to the contract, the county will be paying more for the service than it did under Democrat Howard Barnard.

Larry O. Ledford will take over the county's ambulance service at 5 p.m. Sept. 30. Ledford's proposal to run the ambulance service specifies he will be paid $85,000 and "all accounts receivable collected during the listed term." The contract is for one year.

Barnard's contract, signed Oct 1, 1986, by a Democratic board, called for him to be paid $62,558 and "all fees collected by Howard Barnard shall be remitted to Clay County." The ambulance service handles about taken in $107,000," Barnard said. Barnard said he was not given a chance to bid on the ambulance contract "I kept waiting for them (to advertise bids), then they gave me a letter saying they had awarded the contract to Larry (Ledford)," Barnard said. The ambulance service has been a political football since June 1986 when the Democrat-controlled board of commissioners awarded the contract to Barnard, a former sheriff who in 1983 was convicted of conspiracy to buy votes in the 1982 election and served a federal prison term. Chairman Harold Lance and Commissioner Herbert Cheek voted to give the unad-vertised ambulance contract to Barnard; Commissioner Dan McGlamery voted against it. All three were voted out of office in November 1986.

Barnard said he furnished four full-time and two part-time EMTs. Ledford did not hire any of Barnard's crew. Ledford said his contract calls for him to perform all necessary minor repairs to ambulances and he will furnish gas, tires, oil and batteries and all expendable supplies. Barnard's contract called for the county to maintain the ambulances and pay for gas, tires, batteries, all supplies and insurance. Ledford's contract specifies that the county will be responsible for major repairs, such as motor repairs and overhauls, repairs to transmissions and rear ends, and all body work.

The county will also be responsible for paying for vehicle insurance, tags and inspections. "If I had had the same deal, I'd have 370 calls a year. i 1 Barnard said Monday he collected $20,711 during a nine-month span and turned it over to the county as specified in his contract. He said that when he took over the ambulance service there was $24,397 in accounts due and there was more than $20,000 in ambulance fees which were never billed. Barnard said he tried to get the Republican county commissioners to buy a new ambulance or to overhaul the old ones.

The commissioners took no action on his request and the ambulances broke down a number of times on emergency runs, Barnard said. County Manager Carl Moore said Monday the county is ordering a new ambulance under state contract for approximately $28,000 and will spend $14,500 refurbishing one of the existing ambulances. Ledford said that he will furnish six certified emergency medical technicians. Among one of the first actions the Republican board took after being sworn into office was Vo file a lawsuit seeking a declaratory judgment and temporary restraining order and preliminary injunction against Barnard's contract. In March 1987 the commissioners, citing high legal costs, dropped their suit against Barnard and decided to let him continue providing ambulance service until his contract expired.

Allen Monkus, the county's Republican coroner, will serve as assistant EMS director to Ledford. Monkus, an EMT with 12 years experience, had been operating the ambulance when the Democrats awarded the contract to Barnard. Neither the Democratic nor the RepubUcan boards put the contracts up for bids because it is not required of "service contracts" under state law, Moore said. Transylvania Tempts Tourists At Detroit Show By ED BRACKETT Tri-County Bureau BREVARD Travel and tourism executives from Italy, Israel AustraUa and several U.S. states will have company during the world's largest "outsourcing show" Monday in Detroit economic development officials from Transylvania County and Western North Carolina.

The show, which runs through Thursday, features exhibits from various states and countries seeking to attract business and tourism to a particular area. About 60,000 spectators are expected to pack Cobo Hall, in downtown Detroit, for the event. Show organizers initiaUy Invited the N.C. Department of Commerce to present an exhibit, but state budget constraints prevented the agency's participation. Jim Brannigan, executive director of the Brevard-Transylvania Eco nomic Development Commission, then offered to supply an exhibit for Brevard and Transylvania County with funds provided by the EDC and the Tourism Development Authority.

At Brannigan's request, the Department of Commerce also agreed to kick in a few items, such as posters promoting the state. A commerce official from AsheviUe was expected to assist Brannigan in manning the booth. The two wiU give out promotional litera-ture to passers-by from a 10-by-10-foot booth, one of 900 exhibits at the arena. Business scouts and potential tourists can also watch a recently completed video prepared by the EDC touting Transylvania County, Brannigan said. The show could prove very valuable in landing major Industry in the area, he added.

"Our goal Is to go up there and get possibly two or three clients to come down and look See TOURISM, Page 4B Student Finds Dead Woman Hanged In Tree By BOB SCOTT Western Bureau FRANKLIN The decomposed body of a young woman was found in a wooded area near Franklin High School Monday, part of it hanging by a sash cord from a dogwood tree. Franklin PoUce Chief Ernie Wright said the body is beUeved to be that of a 23-year-old Atlanta woman who was reported missing Aug. 27. Identification found at the scene matched the name and description of the missing woman, Wright said. A missing persons report from Georgia said the woman was suicidal and suffering from severe depression.

Wright said a 14-year-old student who was visiting Franklin High School came upon the body when she took a shortcut about 1:40 p.m. through the woods to the downtown section of Franklin, only two blocks away. The student ran back to the high school and reported the dis covery to school officials. The area where the body was found is near the old drive-In movie theater property that joins Heritage Hollow, a complex of shops and restaurants. The victim's head and right arm were hanging from the rope that was knotted about her throat Her neck appeared to have been broken and the plastic wrapping and label from the sash cord's packaging were found nearby The remainder of the body was found on the ground.

Wright said it appeared the woman may have cUmbed the tree, knotted the rope about her neck and then jumped from the tree limb that was about 8 feet above the ground. A nyion bag containing her clothing, some money, a bus ticket a gallon of grape drink and a clock were near the body. An Atlanta newspaper, dated Aug. 25, was In the bag. Slate Bureau of Investigation agents are assisting Franklin poUce in the investigation.

Wright said the victim's name would not be released until positive identification is made from dental records and photographs, and next of kin is notified. Ex-Deputy Dissatisfied With Sheriffs Answers A Bracelet Boasts A 102.2-Carat Amethyst Gem Collection Gleams At Colburn From Staff Reports Thirty-one pieces of jewelry featuring gems native to North America will be on display in AsheviUe through the month of October. The American Gem Society Jewelry CoUection wiU be exhibited at the Colburn Memorial Mineral Museum from Wednesday to Oct. 16. The collection will be displayed at Wick Greene Jewelers, 121 Patton from Oct.

17 through Oct. 31. The collection was created by the American Gem Society, an International association of retail jewelers, in cooperation with the Smithsonian Institution. It was designed by the late Aldo Cipullo of New York City, a Coty Fashion Award winner and consultant to the gem society until his death in 1983. The collection, featuring jewelry for both men and women, is valued at $1 million.

It is a unique work in metal and stone that would be virtually Impossible to duplicate. The collection Includes amethyst, turquoise and peridot from Arizona; ruby, beryl, kunzite, quartz and rhodolite garnet from North See GEMS, Page 4B By TINA HILTON Staff Writer Fired Buncombe County Sheriff's Department Sgt Mike Davis said he received "few answers" Monday at a grievance hearing with Sheriff Buck Lyda. "I have my suspicions as to why I was fired," Davis said after the meeting, "but I'll wait until they notify me in writing before I say. That should be within a week. As for being told outright, no, Buck has never said.

I was told I was fired for the betterment of the department." Although Davis did not receive the answers he was wanting, he said he Is apprecia tive of the Personnel Advisory Board, who supervised the hearing. "The board is a very good thing," he said. "I'm thankful for them taking lime to hear us out and I'm thankful for Buck's time." Davis was fired July 30 but was not given a reason. He said he believes he was terminated because he "spoke out" at a July 9 patrol meeting with Lyda. Davis said he questioned some of Lyda's personnel appointments at the meeting, and "Lyda began cussing" him.

Lyda did not return messages left on the telephone answering machine at his home See HEARING, Page 4B 1.