ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: WEDNESDAY, March 30, 1994                   TAG: 9403300092
SECTION: VIRGINIA                    PAGE: C-1   EDITION: NEW RIVER VALLEY 
SOURCE: ADRIENNE PETTY STAFF WRITER
DATELINE: ROCKY MOUNT                                LENGTH: Medium


EMOTIONS ERUPT OVER CEMETERY

The plight of Franklin Memorial Park stirs strong emotions, but it apparently never has prompted anyone to come to blows.

At least not until Tuesday night's meeting for creditors of the financially troubled cemetery at the Franklin County High School auditorium.

Ben Pinckard, former Franklin County commissioner of revenue and candidate for Rocky Mount Town Council, was arrested on charges of assault and battery shortly after the meeting for allegedly hitting David Furrow, a Rocky Mount lawyer.

Furrow claims that he was sitting next to Pinckard about 7 p.m. discussing his work at the cemetery when Pinckard hit him for no reason.

Apparently, the two men were arguing over Furrow's questioning of Pinckard's qualifications for working at the cemetery.

A copy of a letter Furrow wrote to Beth Roland, an attorney representing Eric Ferguson in reorganization proceedings, was found in the area where Pinckard and Furrow were sitting.

The letter outlines several issues concerning a court-appointed creditors committee, including Pinckard's qualifications.

Pinckard performs day-to-day operations of the cemetery without compensation.

Sheriff W.Q. "Quint" Overton heard a commotion and stepped between the two men but did not arrest Pinckard at the time, because he did not witness the alleged assault.

Overton advised Furrow to get a warrant for Pinckard's arrest at the Sheriff's Office.

Pinckard was released on his own recognizance and was to be arraigned at 8:30 this morning.

When the meeting continued, Eric Ferguson, court-appointed trustee for the cemetery, sought to assure about 100 creditors that he will designate burial lots soon.

After a survey of Franklin Memorial Park is completed, Ferguson said under oath, he will issue deeds, or certificates of ownership, to every person who has not been assigned a grave space.

The survey is being done at no charge to the cemetery.

Ferguson hopes to have the survey finished by the end of April.

He then will set up meetings to issue deeds for approximately 750 contracts, starting with the oldest holder of a contract who has not been assigned a space.

Ferguson has filed for reorganization under Chapter 11 of the U.S. Bankruptcy Code.

The deadline for him to file his plan of reorganization is May 6, but Ferguson said he plans to file a motion for a 90-day extension.


Memo: Note: Shorter version ran in Metro edition.

by CNB