February 9, 2017

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IN SPORTS: Sumter High defensive end Johnson picks Georgia Southern

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THE CLARENDON SUN

THURSDAY, FEBRUARY 9, 2017

| Serving South Carolina since October 15, 1894

Thief gets away with $23,000 riding mower A6

75 cents

Kubala’s murderer denied appeal Man killed Sumter County sheriff ’s deputy 21 years ago BY BRUCE MILLS bruce@theitem.com The state’s highest court has denied an appeal of a man who killed a Sumter County sheriff’s deputy 21 years ago, according to a release Wednesday from the state attorney general’s office. In the release, the South Carolina Supreme Court issued a public opinion Wednesday affirming a previous court order dismissing Bobby Wayne Stone’s application for post-conviction relief. Stone was sentenced to death for the 1996 murder of Sumter County Sheriff’s Office Deputy Sgt. Charlie

Kubala. Kubala was 32 at the time of his death and left behind a wife and two children. Stone was originally convicted of murder, first-degree burglary and two counts of possession of a weapon during the commission of a violent crime in January KUBALA 1997 for the Feb. 26, 1996, killing of Kubala. He received a death sentence for the murder conviction and other sentences for the burglary and weapons convictions.

Since the early 2000s, Stone’s case has been going around in both state and federal courts on different appeals based on the effectiveness of his lawyer and other issues, according to the news release. In 2002, in the direct appeal, Stone’s death sentence was reSTONE versed by the state Supreme Court, even though the issue of guilt was never overturned by the court.

SUMTER ITEM FILE PHOTO BY KEITH GEDAMKE

This photo appeared on the March 1, 1996, front page of The Item. Sumter Police Chief Harold Johnson, right, and fellow officers salute slain Sumter County Sheriff’s SEE KILLER, PAGE A9 Office Deputy Sgt. Charlie Kubala at his funeral.

Tales of survival

Tanker fire sends driver to hospital

5 tornadoes verified

In the Senate, where men are referred to as “gentleman” and women are called “gentle lady,” the rule stems from a notorious 1902 incident in which two South Carolina lawmakers got into a fistfight on the Senate floor. According to the Senate historian’s office, Sen. John McLaurin raced into the Senate chamber and said fellow Democrat Ben Tillman was guilty of “a willful, malicious, and deliberate lie.” Tillman — a fiery populist who had earned the nickname “Pitchfork Ben” for

NEW ORLEANS (AP) — National Weather Service teams were studying scenes of severe weather damage in Louisiana and Mississippi on Wednesday to determine where tornadoes struck and just how powerful they were. At least four confirmed tornadoes hit Louisiana and one hit Mississippi on Tuesday, meteorologists said. There may have been more still in Louisiana, but it could take several days to find the evidence, Christopher Bannan said. “Confirmation teams look for a concentrated, focused path” and check whether tree trunks and other large pieces of debris in that path cross each other, he said. That differs from other wind damage, he said: Damage from a downburst radiates outward from a central point, and straight-line wind damage is widespread, without a set path, with downed trees and other debris pointing in the same direction. One of the tornados lifted the trailer home of Brittany Ross’s family into the air and slammed it back down moments after she was savoring the smell of her aunt’s simmering white beans. “The place started shaking, kind of twisting,” she said amid the wreckage at a small trailer park in eastern New Orleans, which got the worst of the weather that injured about 40 people in southeastern Louisiana. Ross, 26, her aunt and two others crawled out of the wreckage as debris was still flying around them — uninjured, but suddenly homeless. The Louisiana tornadoes destroyed homes and businesses on Tuesday, flipped cars and trucks and left thousands without power, but no deaths were reported, Gov. John Bel Edwards said. The governor took an aerial tour and made a disaster declaration before meeting with officials in New Orleans. Worst hit was the same 9th Ward so heavily flooded in

SEE WARREN, PAGE A9

SEE TALES, PAGE A9

RICK CARPENTER / THE SUMTER ITEM

Sumter Fire Department firefighters hose down a tanker truck from the front as fuel continues to burn on the back side of the tanker late Wednesday afternoon on Cains Mill Road about a mile southeast of St. Pauls Church Road. The wreck happened about 4:30 p.m., and a portion of the woods near the wreck caught fire during the blaze. The driver of the truck was reportedly taken by ambulance to Palmetto Health Tuomey. There was no word on his condition at the time of our deadline. The Sumter Item website, www.theitem.com, will have more information as it becomes available.

Fistfight gave rise to rule that silenced Warren WASHINGTON (AP) — A fistfight on the Senate floor involving two Southern “gentlemen” gave rise to Rule 19, the arcane Senate directive that Republicans used more than a century later to silence Democratic Sen. Elizabeth Warren. GOP lawmakers rebuked Warren Tuesday night for speaking WARREN against colleague and Attorney General-nominee Jeff Sessions. She was silenced for reading the letter that Coretta Scott King wrote three decades ago criticizing the Alabama senator’s record on race. Senators barred Warren from speaking on the Senate floor until Sessions’ confirmation vote.

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opinion of the presiding officer, a senator violates that decorum, the presiding officer “shall call him to order and ... he shall take his seat.”

RAUCOUS HISTORY

AP FILE PHOTO

The statue honoring former South Carolina governor and U.S. senator “Pitchfork” Ben Tillman is shown on the grounds of the Statehouse in Columbia. Rule 19 stems from a notorious 1902 incident in which two South Carolina senators got into a fistfight on the Senate floor.

CONDUCT UNBECOMING Rule 19 states that senators may not “directly or indirectly, by any form of words impute to another

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senator or to other senators any conduct or motive unworthy or unbecoming a senator.” It states that when, in the

DEATHS, B5 Arnic J. Washington Melvin C. Dozier Margaret R. Sturkie Inez E. Fleming Miyoko S. Tedder

Sara D. Parnell Deloris Scott Eva Bell M. Magazine Elease S. Grant Curtis Wilson

WEATHER, A12

INSIDE

NOT AS WARM

2 SECTIONS, 20 PAGES VOL. 122, NO. 84

Cooler and clearing. Tonight, a moonlit sky and much colder. HIGH 60, LOW 29

Classifieds B7 Comics B6 Opinion A11 Television A10


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