THE VIRGINIAN-PILOT   
              Copyright (c) 1994, Landmark Communications, Inc.

DATE: Tuesday, September 20, 1994            TAG: 9409200307
SECTION: LOCAL                    PAGE: B1   EDITION: NORTH CAROLINA  
SOURCE: BY PERRY PARKS, STAFF WRITER
DATELINE: KITTY HAWK                         LENGTH: Medium:   70 lines

CORRECTION/CLARIFICATION: ***************************************************************** First Baptist Church of Kitty Hawk member Richard McGinniss, who was convicted of simple assault last week, said that he struck the Rev. James Pittman in self-defense. The claim was incorrectly attributed to assistant district attorney Robert Trivette in a story Tuesday. Pittman says he was not struck in self-defense. Also, McGinniss' name was misspelled in parts of the story. Correction published Friday, September 23, 1994, page B3, N.C. edition. ***************************************************************** MEMBERS REMAIN AT ODDS AT FIRST BAPTIST CHURCH

Opposing factions apparently are still at odds at Kitty Hawk's First Baptist Church.

Nearly eight months after a group of disaffected members filed suit for control of the church, the opposing parties continue to clash - verbally and physically.

The most recent episode in a case observers have called ``weird'' and ``sad'' ended with two assault convictions after a church member apparently had a tooth damaged in a scuffle with two other members.

Deacons Richard McGinniss and Gary Aspin were found guilty in district court last week of simple assault after battling with parishioner James Pittman over a sign Pittman was trying to hang in front of the church. Pittman was aquitted of similar charges.

According to Robert Trivette, the assistant district attorney who tried the cases, Pittman on Aug. 6 had put a sign under the church's regular marquis-like sign that states when services for his faction are held.

Both sides in the case are operating under a judge's order that allows each group separate worship services. Both sides have also argued that their rights to services are being interfered with.

Aspin, who was mowing the grass at the church, took the sign down, Trivette said. Pittman returned, grabbed the sign, and put it up again, he said.

McGinniss then entered the fray, Trivette said.

And during a struggle for the sign, Pittman and McGinniss fell into a pile of bricks stacked under the sign, Trivette said. Then, in what Trivette said was an act of self-defense, McGinnis struck Pittman.

Parts of the struggle were captured on videotape recorded by allies of Pittman. The tape was used as evidence in the courtoom, although interpretation depends on which side is talking.

Both McGinnis and Aspin plan to appeal their convictions to superior court, said their attorney Robert Outten, who also is representing their faction in the civil case.

The fight is one of dozens of incidents members of both factions say have been occurring since one group left a deacons' meeting in December and reconvened at a Golden Corral to elect different officers.

Both sets of deacons have been at odds over Pastor Clinton Hardee. His opponents say he is working to consolidate power in violation of the church's rules. His supporters say opponents refuse to yield to majority rule of the church.

``Anytime they're together, there's conflict,'' Outten said. ``As long as that conflict exists, they're going to have arguments.''

Observers have said church schisms rarely appear in court, and judges have scolded the parties for not settling the matter among themselves.

``It's sad the way it's evolved here, that these people have gotten to this point where they can't work it out,'' Trivette said. ``But, hey, schisms are as old as churches.'' by CNB