ASHEBORO - The attorney who filed a wrongful death civil suit against Randolph County Sheriff Litchard Hurley four days before Tuesday's primary said Saturday that Hurley's election opponent, Kevin Hines, played no role in the timing of the legal action.

Hurley said Friday he believed the filing of the suit was "timed and coordinated" in conjunction with the Hines campaign, and that Hines had attempted to "cynically manipulate" the legal system. Hines denied the allegations.

The lawsuit was filed by Charlotte attorney Robert A. Donat, representing Jeanette Rene Abney, wife of motorcyclist Gerald "Tiny" Benjamin Abney Jr., who died last August while being pursued by a sheriff's deputy. Abney's death has become an acrimonious issue between the two Republican candidates for sheriff.

Donat filed the suit at the Randolph County Courthouse Friday morning, naming Hurley and Deputy Joel Rodney Coe as defendants.

Donat's office sent a press release to The Courier-Tribune Saturday which read in full:

"We draw some comfort from Sheriff Hurley's statement that he expected to be sued.

"That is the closest he has come yet to admitting any fault.

"But, to say politics was involved is beyond absurd. I don't do politics, I just try to right wrongs.

"I've never met his opponent, Mr. (Kevin) Hines. I talked to him for about five minutes one time, by telephone, a few months after the accident. This was in conjunction with our investigation, since he (Hines) had previously worked for the sheriff's office for a long time.

"If what Mr. Hurley says is true, that Mr. Hines manipulated the entire legal system, then Mr. Hines must be one powerful dude. And if I lived in Randolph County, I'd sure vote for him."

The e-mailed press release was sent by Patricia Callicut for Robert Alan Donat, attorney and counselor at Law, and dated Sept. 7.

Contacted Sunday, Hurley said he could not comment on his opinion that Hines was responsible for the timing of the filing of the Abney suit.

"I could tell you a whole lot," Hurley said. "But, I won't. It's all politics."

The suit is asking for a jury trial to seek compensatory and punitive damages against Hurley and Coe in Gerald Abney's death during a chase.

Coe, in a marked patrol vehicle, drove over Abney, 40, and his motorcycle on Mt. Shepherd Road during the chase which occurred Aug. 3, 2001.

Investigations into Abney's death were conducted by the N.C. Highway Patrol and Randolph County District Attorney, Garland Yates. The investigations cleared Coe of any criminal liability in the death of Abney.

Hines issued a press release Sunday in which he again denied any involvement in the timing of the civil suit.

"I had nothing to do with the timing of this lawsuit," the release said. "It has been apparent and written about numerous times in The Courier-Tribune that Abney's family had retained a lawyer and was intent on suing from the very beginning of this unnecessary and terrible tragedy to the Abney family and to Deputy Coe."

Hines called the Abney death a "dereliction of his (Hurley's) sworn duty to protect (the public) and his officers, too." The issues, according to Hines, are that Hurley had not trained his deputies on when to chase a suspect for traffic violations and there was no chase policy as part of the sheriff's standard operating procedure.

Hines also said that Hurley has faced three other lawsuits during his tenure as sheriff, all settled out of court, which stem from Hurley not having specific policies in writing for the operation of the sheriff's department.

Later Sunday, on learning of the Hines' press release, Hurley again said he could not comment on the suit or any involvement by Hines in the timing of the suit.

"I have talked to a lot of the good people in Randolph County since this incident (Gerald Abney's death) happened," Hurley said by phone. "They appreciate a sheriff that is not afraid to do his job and not afraid to stand his men and women in law enforcement when they are in the right.

"According to the Attorney General's Office, we have done nothing wrong and will fight this lawsuit vigorously and will be cleared of any wrongdoing, just as the N.C. Highway Patrol wreck reconstruction team out of Raleigh, and Kevin Hines' own boss, Garland Yates (Randolph County District Attorney), has said.

"I would rather not comment on Hines' role in this. But, after the suit has been settled, I can show a whole lot. This will all come out in court."

In an interview Sunday, Hines elaborated on Hurley's allegations that he (Hines) was involved in the timing of the suit.

"If you have got something to say, say it. I waited (until Sunday) to give a more complete response to Hurley's allegations. The attorney (Donat) did call me months ago involving the investigation. They asked me to comment on the family's filing a lawsuit. I told him (Donat) at the time that I was not going to get in the middle of a lawsuit. The buck stops at Hurley's desk."

A spokesperson for the Abney family said Sunday that Rene Abney was upset that Gerald Abney's death was being used by anyone for political purposes.

The spokesperson also said no one from the family had spoken to Hines concerning the suit or the timing of the suit.

ASHEBORO - The wife of a Randolph County motorcyclist killed last August while being pursued by a deputy filed a civil suit Friday morning against Randolph County Sheriff Litchard Hurley and the officer.

Sheriff Hurley said Friday afternoon that he believes the timing of the suit was "... coordinated in conjunction with" the campaign of Kevin Hines, Hurley's opponent in Tuesday's GOP primary for sheriff.

Hines responded that he had nothing to do with the lawsuit or its timing.

Stating that she wants "the truth to come out," Jeanette Rene Abney, wife of Gerald "Tiny" Benjamin Abney Jr., filed the wrongful death suit through her attorney at the Randolph County Courthouse.

The suit names Hurley, Randolph County Deputy Joel Rodney Coe, and the Western Surety Company as defendants. It seeks compensatory and punitive damages in the death of Abney, 40, who died Aug. 3, 2001, after a marked patrol vehicle driven by Coe ran over Abney's motorcycle on Mt. Shepherd Road.

When contacted for a response to the suit, Hurley issued a press release which states in full:

"I have been asked by the press to comment on the filing of a civil lawsuit against me as a result of the death of Gerald Abney, who was attempting to elude and refusing to stop for a law enforcement officer acting in the line of duty.

"Ordinarily, I do not comment on any pending civil legal matter.

"However, since my opponent in Tuesday's election, Kevin Hines, has made this incident the central issue in his campaign, I feel it is my duty to say this:

"It is clear that the filing of this lawsuit over one year after the incident and four days before the election was timed and coordinated in conjunction with the Hines campaign.

"I have not made any public comment about my opponent so far, but I say to the citizens of Randolph County that it is a sad day when Kevin Hines, a sworn law enforcement investigator for the District Attorney Garland Yates, would cynically manipulate the legal system for political advantage when an investigation by his boss, Mr. Yates himself, completely exonerated myself and my deputies from any wrongdoing.

"Many fine men have held the office of Sheriff of Randolph County over the years. Mr. Hines shames the memory of those past sheriffs and insults the intelligence and moral fiber of Randolph County voters by his exploitation of this sad episode.

"I will have no further comment."

Hines said in a telephone interview Friday evening that, "I have no control over the Abney family's decision to file a civil law suit. I did not have any control over when they filed the suit. I did not talk to the family about it.

"I have never said that 'Tiny' was innocent of breaking the law. He was guilty of several traffic violations and the deputy put his own life on the line attempting to perform his duty.

"The sheriff failed to have a policy on chases that his officers could use. Other officers at the sheriff's office listened to the chase and someone in a higher position should have helped the deputy (Coe) control the situation.

"I am concerned that what happened during the chase could happen again. I am concerned that the citizens of Randolph County could face another dangerous chase in the future and that deputies are not being trained to handle the situation.

"The suit is something the sheriff has to deal with just like I will have to deal with whatever falls on my shoulders when I become sheriff. He should have given training to his deputies. That is something he didn't do."

Prior to the fatal accident, Deputy Coe was attempting to stop Abney for passing several vehicles in a stretch of double yellow-lined highway on County Farm Road. Coe and Abney collided during the chase on Green Farm Road, but Abney continued to flee. As Abney attempted to turn right into Mt. Shepherd Road off U.S. 64 west of Asheboro, Coe's vehicle collided with Abney's motorcycle again, crushing Abney to death.

The North Carolina State Highway Patrol investigated the accident using two different accident collision construction teams. The results of the investigation indicated that the actions of both Coe and Abney contributed to Abney's death.

Because of the findings by the investigative teams, District Attorney Yates announced Aug. 27 that no criminal charges would be filed against Coe.

The Abney family, through Charlotte attorney Robert A. Donat, subsequently indicated they would prepare a civil suit, especially since the sheriff had no written procedures on when to pursue a motorist.

The 14-page suit filed Friday by Rene Abney alleges, in part, that:

n Hurley failed to properly train and supervise Coe on how to perform the duties of a deputy.

n Hurley abused the public trust by neglecting to adopt an appropriate motor vehicle pursuit policy.

n Coe's actions and failure to act constitute neglect, gross negligence, misconduct and/or behavior as a deputy.

And that Coe's actions were:

n Careless, heedless and in violation of the rights and safety of others during the chase.

n Not in compliance with basic police procedures regarding chases.

n Not performed in a safe manner.

n Intentional, in that Coe purposely ran over Gerald Abney.

Rene Abney is asking for a jury trial in Superior Court to recover judgments against the defendants in an amount in excess of $10,000 for compensatory damage and in excess of $10,000 in punitive damage.

The family is asking for the defendants to cover the cost of the trial, which includes their attorney's fee, and any further relief the court deems proper.

The family is also seeking to recover the total amount of the surety bond of Hurley as written by the Western Surety Company. (That amount is $25,000, according to a spokesman at the sheriff's office).

ASHEBORO -- The widow of a motorcyclist killed last year while being pursued by a Randolph County deputy filed a wrongful death lawsuit Friday against the officer and the sheriff, alleging that the department had no vehicle chase policy.

Jeanette Rene Abney accuses Deputy Joel Rodney Coe of negligence, assault and battery and excessive force in the Aug. 3, 2001, crash that killed her husband, Gerald "Tiny" Abney, west of Asheboro.

Rene Abney says that Sheriff Litchard Hurley's failure to adopt a motor vehicle chase policy amounted to neglect, gross negligence, misconduct and misbehavior in office. She said lack of such a policy resulted in her husband being "unnecessarily and unlawfully chased down and killed by one of (Hurley's) deputies."

Represented by attorney Robert Donat of Charlotte, Jeanette Abney is seeking compensatory and punitive damages in excess of $10,000.

Gerald Abney's death has become an issue in a testy Republican sheriff's primary, with challenger Kevin Hines saying the case shows why the sheriff's office needs a written policy manual. If elected sheriff, Hines, an investigator with the Randolph County District Attorney's Office, has said he will give each deputy a policy manual.

Hurley released a strongly worded statement Friday saying he believed Rene Abney's lawsuit was politically motivated. Voters go to the polls Tuesday, with the primary determining which man will be sheriff until 2006. No Democrats filed for the post.

"It is clear that the filing of this lawsuit over one year after the incident and four days before the election was timed and coordinated in conjunction with the Hines campaign," Hurley said.

He said, " ... it is a sad day when Kevin Hines, a sworn law enforcement investigator for the District Attorney Garland Yates, would cynically manipulate the legal system for political advantage when an investigation by his boss Mr. Yates himself completely cleared and exonerated myself and my deputies from any wrongdoing."

Hurley also said that Hines "shames the memory" of past sheriffs and "insults the intelligence and moral fiber" of voters.

Hines denied any connection to the lawsuit.

"I have not talked to that family," he said. "All they have done is voice their concerns to me, and other people in the community have asked me, about what I would do about chases."

Abney was wrong to run from Coe, Hines said, but Coe lacked training and supervision for a chase.

"The sheriff's department put that deputy in a bad position when it didn't have a written policy, when they didn't train him for pursuit driving and a supervisor did not help him through that pursuit," Hines said.

Gerald Abney, 40, sparked the chase when Coe spotted the former tattoo-shop owner's motorcycle crossing a double-yellow line. Evidence showed Abney had a concealed 9 mm handgun and had been using methamphetamine, an illegal stimulant. The 7-mile chase ended with Coe's cruiser atop Abney's Harley-Davidson.

Prosecutors decided not to charge Coe, 35, saying the main cause of Abney's death was his decision to run from police.

Rene Abney alleges that Coe's lack of training and guidance in vehicle chases were the main causes of her husband's death. Her lawsuit claims that state law requires law enforcement agencies to have a motor vehicle pursuit policy. She alleges that Hurley "intentionally refused to adopt" such a policy.

Rene Abney said that Coe failed to contact dispatchers or the sheriff's office about the chase until his patrol car first struck Gerald Abney's cycle on Green Farm Road, but failed to knock him down. She also claims that Coe had his cruiser's blue lights and siren turned off for part of the pursuit, and that he drove recklessly on U.S. 64 West.

The wreck occurred after Gerald Abney turned off of U.S. 64 onto Mount Shepherd Road near his home. Coe's patrol car bumped the rear of the motorcycle, causing it to overturn, then ran over the bike.

Rene Abney alleges that after the accident, deputies intimidated and harassed witnesses. She charges that Hurley was responsible for his deputies' actions.

ASHEBORO - The family of motorcyclist Gerald "Tiny" Abney Jr. has taken a first step toward suing the Randolph County Sheriff's Office.

Abney was killed when Deputy Joel Rodney Coe hit him with a patrol car at the end of an August chase, sparked when Coe observed the former tattoo-shop owner cross a double yellow line.

In a legal move that sets the stage for a wrongful-death suit, the Randolph County clerk of court has named Rene Abney administrator of her husband's meager estate. The otherwise routine ruling is significant because it makes her eligible to collect money from a possible future settlement.

"I'm not going away," Rene Abney said. "What happened to my husband is wrong, and I have every intention of pursuing the matter."

That pursuit includes her investigation of the 7-mile chase that ended with Coe's cruiser atop her husband's Harley-Davidson. One major finding so far came from her talk with the doctor who found the stimulant methamphetamine in "Tiny" Abney's blood.

Contrary to early reports that "Tiny" Abney had taken a nearly lethal amount of the drug in amounts that would certainly have impaired his judgment, Dr. Ruth Winecker said she could not link the drug with behavior.

"All you can say for certain is that he took methamphetamine," said Winecker, chief toxicologist for the N.C. Medical Examiner's office in Chapel Hill. "There have been no studies that have correlated behavior with blood-concentration levels."

Winecker found each liter of Abney's blood to contain .36 milligrams of methamphetamine. She said people have been found driving under the influence of methamphetamine at levels as high as 2.6 milligrams.

"The problem with methamphetamine is it is a cardiotoxic drug," Winecker said. "It can be lethal at just about any concentration. Like other drugs of abuse, the person's tolerance has to be taken into account."

A jury might have to sort out the evidence some day. Legal filings by Rene Abney in September make her and the couple's teenage children, Ben and Jessica, the beneficiaries of any increase in her husband's estate.

His financial legacy amounted to $5,905, according to court documents, mostly from the value of the 1987 Harley-Davidson he was riding when he died.

Randolph County Attorney Alan Pugh, who would likely represent the sheriff's office if the Abneys file suit, said he could not comment on the estate filing.

ASHEBORO - Motorcyclist Gerald "Tiny" Abney and the Randolph County deputy chasing him both bore responsibility for the crash that killed Abney, according to a 300-page report released by the Highway Patrol.

The report makes public the physical evidence, witness testimony and Highway Patrol analysis prosecutors relied on in choosing not to bring criminal charges against Deputy Joel Rodney Coe.

Coe started chasing Abney after seeing the 40-year-old make an illegal pass on winding Old County Farm Road on Aug. 3. Abney refused to stop, leading the deputy on a 7.5-mile chase that ended in Abney's death when Coe hit him from behind during a right turn from U.S. 64 onto Mount Shepherd Road. The Highway Patrol report states the impact knocked Abney off his motorcycle and Coe's patrol car ran over and killed the former owner of an Asheboro tattoo shop.

The team of wreck experts concluded "Coe's failure to maintain an adequate following distance was a contributing factor in this collision." The report blames Abney for "repeatedly engaging in reckless and dangerous behavior while attempting to elude apprehension."

Prosecutors said the evidence does not show that Coe meant to harm Abney or that the deputy was "grossly negligent" in performing his duties.

"It's a tragic situation," said Randolph County Assistant District Attorney Andy Gregson. "Just because it's a tragic situation doesn't mean it's a crime."

Abney's wife, Rene, and the couple's two children have hired Raleigh lawyers Donald Beskind and Donald Strickland to represent them in a possible civil suit. Beskind said he had not seen the report and that neither the family nor the Abney's previous lawyer were given a copy of it. Beskind said the media reports and official press releases he has seen leave out some witnesses.

"There were many people who had information about these events who were not contacted," Beskind said. "There is more to this story."

The report contains transcripts of interviews with witnesses, whose accounts sometimes conflict. Particularly unclear is who caused the first collision between Coe's Crown Victoria and Abney's Harley-Davidson.

The motorcycle and the passenger's side of the squad car collided as Abney turned left onto Green Farm Road from Caraway Mountain Road at Mountain View Grocery. The impact sheered off Coe's passenger-side mirror but did not knock Abney down.

Four people who were at the grocery store gave statements. One set of witnesses said Coe bumped Abney off the road, then blocked him from returning to the black top. But other witnesses said the only contact came when Abney drove back onto road.

The Highway Patrol investigation rejected the claims that Coe bumped Abney off Green Farm Road, saying there was no physical evidence to support those statements.

Another uncertainty in the report concerns a vehicle, possibly a van, that made the fatal right turn onto Mount Shepherd Road in front of Abney and Coe.

Coe told investigators he momentarily lost sight of the motorcycle because of a third vehicle.

"Whenever I made my turn, it was like, 'Oh my God, there he is right in front of me,' and it was like, boom, there he was," reads the transcript of an interview Coe gave troopers on Aug. 14. At the time of the chase, Coe, who started with the Randolph County Sheriff's Office in 1997, worked as a civil process server.

The third vehicle, which one witness described as a blue or silver minivan, was never located. Coe told troopers he believed the vehicle that blocked his vision had stopped along Mount Shepherd Road. Witnesses traveling east on U.S. 64 said the unidentified vehicle, the motorcycle and the patrol car turned onto Mount Shepherd Road in line as if they were a single unit.

Two witnesses who were driving west on U.S. 64 behind Coe, including Deputy Jerry Lee Rozier Jr., said they could not recall seeing a third vehicle at the intersection.

An autopsy showed that Abney had the stimulant methamphetamine in his system. The Highway Patrol report does not address what effect the drug might have had on his driving.

ASHEBORO - Both Gerald B. Abney Jr. and Randolph County Deputy Rodney Coe were responsible for the accident in which Abney died on Aug. 3, according to a North Carolina State Highway Patrol Traffic Collision Reconstruction report obtained by The Courier-Tribune on Thursday.

"The conclusive findings of this investigation is that the operator of the motorcycle and the operator of the pursuing vehicle both contributed to this collision and thus the death of Mr. Abney," stated a memorandum from Major R.W. Isley concerning the more than 200-page report.

On Aug. 27, Randolph County District Attorney Garland Yates said that, after reading the report, his office would not file charges against Coe.

"The only issues before the District Attonrye's Office in the death of Gerald Abney," said Yates at the time, "are whether there is sufficient evidence to charge Deputy Coe with a criminal offense and whether any such evidence could support a finding of guilty against Deputy Coe in a court of law."

During the investigation, the N.C. Highway Patrol Traffic Collision team interviewed 16 witnesses and examined both vehicles and both accident sites.

The report includes an investigation of two collisions that occurred between a motorcycle operated by Abney and a patrol vehicle driven by Coe during a chase which began on County Farm Road and ended with the death of Abney on Mt. Shepherd Church Road at 4:58 p.m.

Witness accounts of the first collision, which occurred as Coe followed Abney into a left turn from Caraway Mountain Road onto Green Farm Road, conflict.

The reconstruction of this collision indicates that Abney's motorcycle sideswiped Coe's patrol vehicle as Abney made a turn onto Green Farm Road. Abney turned wide into a left-hand turn and his motorcycle went off the road.

Coe said in his statement that he was trying to get in front of the motorcycle and cut the fleeing motorcyclist off by using a culvert on the right-hand side of Green Farm Road to block the vehicle. According to Coe's statement, Abney accelerated to get off the shoulder of the road and back onto the highway and struck the deputy's vehicle in an effort.

The report indicates that marks on the passenger side of the patrol vehicle left by the motorcycle at the time of this collision are consistent with the motorcycle striking the patrol car rather than the patrol car bumping the motorcycle in the rear as was reported by some witnesses.

The report concludes that Coe was following the motorcycle too closely at the scene of the fatal accident on Mt. Shepherd Church Road.

Several witnesses at the scene of this second collision said that three vehicles made a right-hand turn from U.S. 64 onto Mt. Shepherd Church Road just before the fatal accident occurred.

Eyewitnesses said that the motorcycle turned right immediately behind a light blue, white, or silver-colored vehicle, which most described as a van. The motorcycle passed the van by moving to the center of Mt. Shepherd Church Road. The motorcycle driver was apparently in control of his vehicle when Coe's patrol car made the turn and struck the motorcycle.

Coe stated that his vision of the intersection was obstructed by the van, and that the motorcycle was in front of him before he realized that he was too close to avoid hitting it.

ASHEBORO - Citing information received in a 200-page report from the N.C. Highway Patrol, Randolph County Sheriff Litchard Hurley said his deputy was "doing his job" on Aug. 3 during a chase that left a local motorcyclist dead.

Hurley spoke about the information he received from the Highway Patrol Accident Reconstruction Team Tuesday during a 3 p.m. news conference.

According to that report, an unidentified vehicle was sitting in the right-hand lane of Mount Shepherd Road and obstructed Deputy Rodney Coe's view of Gerald Abney Jr. as Abney turned his motorcycle onto the road from U.S. 64 during a low-speed chase.

" 'I lost sight of the vehicle (Abney's motorcycle) due to another vehicle obstructing my vision,' " read Hurley, quoting Coe's statement to the highway patrol. " 'I regained sight and then it was, 'Oh, my God, boom!' "

Hurley said he was convinced the accident could not have been avoided.

The highway patrol report quoted several witnesses who saw the 5 p.m. accident and the unidentified vehicle at the intersection. The vehicle drove away before the driver could be questioned by authorities. The driver of the vehicle has yet to be identified.

Hurley called the highway patrol report, "an excellent job," and said that Line Sergeant Mark Ivey's initial report was "as good as I've seen." Hurley also commended the second accident reconstruction report issued by a highway patrol team out of Raleigh.

Hurley said that one section of the report did indicate that at times Coe was following Abney's motorcycle too closely during the chase, but that did not contribute to Abney's death at the Mount Shepherd Road accident scene.

Coe was cleared of any criminal negligence in the death of Abney by Randolph County District Attorney Garland Yates on Monday, but remains on administrative leave with the sheriff's office. Hurley said Coe would stay on leave until both Coe and Hurley felt that Coe was ready to return to active duty.

Coe was last certified for driving a patrol vehicle on May 24, 2001. He came to work at the Randolph County Sheriff's Office Oct. 1, 1996.

"I am sorry for the loss of the Abney family," Hurley said in extending sympathy to the family. "There are some things we never want to happen. But when we put on the badge and uniform, we know it can happen."

Hurley said that Coe was doing his assigned job of serving warrants in the area of Caraway Racetrack on Aug. 3, when he observed a motorcyclist passing vehicles in a curve on a double-yellow line. Coe turned around to follow the motorcycle, giving chase with lights and sirens in an effort to pull the driver over. The cyclist, later identified as Abney, refused to stop.

"Abney had 7.3 miles to pull over" before he was killed in the accident, Hurley said. "I have never been in the situation he (Coe) was in. But I would have done the same thing," in giving chase. "A blue light and a siren means stop."

Asked if Coe attempted to read the license plate of the motorcycle and call the information in, Hurley said that Coe did attempt to read the plate.

"It was a cardboard 30-day tag. The tag had expired. Any information from it would have done us no good," Hurley said.

Hurley said his office had an unwritten policy on giving chase to suspect vehicles. If a deputy witnesses a felony traffic violation, such as was committed by Abney, his officers know to stop the offender.

"Look at it the other way," Hurley explained. "What if we had let the man go and he went down the road and ran into a member of your family and killed them? We'd have been criticized for that, too."

A chase would be called off if it appears to be a danger to the public, Hurley said. But, "We (give) chase for felonies, not minor traffic offenses."

Hurley said that county attorney, Alan Pugh, was wrong when he was quoted as saying that the sheriff's office had no chase policy.

"If you ask him, I'm sure he'll tell you that," Hurley said.

An investigation into Abney's activities on the day of his fatal accident revealed that Abney was seen at a residence the sheriff's office describes as a methamphetamine drug lab. It has since been raided and two people charged on drug offenses.

An autopsy report from the Medical Examiner's office in Chapel Hill indicated that Abney had a methamphetamine blood level of .36 milligrams per liter at the time of his death.

"The M.E. has a chart that shows that this level of methamphetamine can cause irrational and possibly violent behavior," Hurley said.

In addition, the report revealed a 9mm pistol was found among Abney's possessions at the accident scene. Abney did not have a concealed-carry permit.

Robert Donat, a Charlotte attorney who is representing the Abney family, said Monday that information about Abney discovered after the accident should have had no influence on clearing Coe for actions which caused Abney's death.

"This did come to a tragic end," Hurley said of Abney's death. "We all regret it turned out this way.

But, Hurley said, "I won't apologize for doing my job, and I won't apologize for Coe doing his job."

ASHEBORO -- The N.C. Highway Patrol faulted Randolph County Deputy Rodney Coe for following Gerald "Tiny" Abney Jr. too closely during a chase that ended with Abney's death, but Coe's actions do not merit punishment, Sheriff Litchard Hurley said Tuesday.

	Randolph County Sheriff Litchard Hurley holds a press conference. (James Parker/ŠNews & Record)

"I was not out there," Hurley said. "I think until I am in that situation, I couldn't say what I would have done."

Coe will be on administrative duty for a while, but only because he is too shaken up to return to regular duties, Hurley said.

"My decision is that I will leave Deputy Coe on administrative duty until he feels and I feel that he is ready to return to his former duties," Hurley said.

Hurley denied reports that his office does not have a chase policy, saying that county attorney Alan Pugh was mistaken when he said no written or oral policy existed. Pugh recanted that earlier statement on Tuesday.

Hurley's comments came during a press conference Tuesday that marked the first time he has spoken at length about the Aug. 3 chase and wreck.

Deputy Rodney Coe was chasing Abney from U.S. 64 onto Mount Shepherd Road when Coe's Crown Victoria hit Abney's Harley-Davidson motorcycle and came to a stop on top of the bike, according to the Highway Patrol. Randolph County District Attorney Garland Yates said Monday that he would not file charges against Coe.

In a 200-page report that has not yet been made available to the public, highway patrol investigators said that Coe was following Abney too closely during the chase, Hurley said.

Assistant District Attorney Andrew Gregson said his office was aware that investigators said Coe was following too closely. However, Gregson said Coe's actions were not criminal.

"Following too closely is an infraction. It is not a criminal offense," Gregson said. " ... I'm sure that will be an issue they fight out in civil court, but it did not rise to the level of a criminal offense."

Robert Donat, the lawyer representing the Abney family, said a shorter highway patrol accident report that says Coe struck Abney and caused his motorcycle to overturn is evidence that Coe followed Abney too closely.

"The accident report that was filed by the Highway Patrol states that Coe hit Tiny and knocked him down," Donat said. "So I agree with the highway patrol that he was following too closely."

Soon after the accident, county attorney Pugh said the sheriff's department did not have a chase policy. "I do have a chase policy," Hurley wrote in a statement handed out before the press conference. "It is that officers do not chase for trivial crimes, only serious ones. That they use good common sense and drive responsibly and that my supervisors monitor the chase and call it off if it appears to be a danger to the public."

Hurley said Coe followed department policy when he initiated the chase because Abney was driving recklessly and trying to elude arrest.

Donat said he is skeptical that the sheriff's department ever had a chase policy. He also said the policy, as stated by Hurley on Tuesday, does not meet requirements specified under the law.

"If there was, in fact, some, quote, oral, end quote, policy as Hurley has described, it is the most pitiful one I have ever heard of," Donat said.

Contact Phillip Reese at 625-8452, Ext. 232, or at preese@news-record.com

ASHEBORO -- The N.C. Highway Patrol faulted Randolph County Deputy Rodney Coe for following Gerald "Tiny" Abney Jr. too closely during a chase that ended with Abney's death, but Coe's actions do not merit punishment, Sheriff Litchard Hurley said Tuesday during a news conference.

"I was not out there," Hurley said. "I think until I am in that situation, I couldn't say what I would have done."

The conference marked the first time Hurley has spoken at length about the Aug. 3 chase and wreck.

Coe will be on administrative duty for a while, but only because he is too shaken up to return to patrol duties, Hurley said.

"My decision is that I will leave Deputy Coe on administrative duty until he feels and I feel that he is ready to return to his former duties," Hurley said.

Coe was chasing Abney from U.S. 64 onto Mount Shepherd Road when Coe's Crown Victoria hit Abney's Harley-Davidson motorcycle and came to a stop on top of the bike, according to the Highway Patrol.

For complete coverage of the news conference, read Wednesday's News & Record.

RANDOLPH COUNTY, N.C. -- The Randolph County sheriff will hold a news conference today to announce what action he will take against a deputy who killed a motorcyclist during a chase.

The district attorney ruled Monday that Deputy Rodney Coe won't face criminal charges in the death of Gerald Abney (pictured, left).

Abney failed to pull over during a routine traffic stop earlier this month.

An investigation found the 40-year-old Randolph County man had the illegal drug, methamphetamine, in his blood and a pistol in possession when he died.

But Abney's widow questions what that evidence has to do with her husband's death.

The Abney family has hired a Charlotte attorney, but so far Rene Abney says that they haven't decided whether to file a civil suit.

ASHEBORO - Prosecutors said Monday they will not file criminal charges against a deputy who ran over and killed a motorcyclist during a chase.

Gerald Abney

The district attorney must decide whether to charged a sheriff's deputy who was involved in the accident.

The chase lasted less that four minutes and ended in a ditch off Highway 64 in Randolph County.

Gerald Abney's (pictured, right) Harley Davidson ended up under the patrol car driven by Deputy Rodney Coe.

Man Run Over By Trooper

Witnesses said that the patrol car hit the 40-year-old's motorcycle.

Investigators said that witnesses did not know exactly where the two vehicles collided.

A recording of the conversation between the deputy and a 911 dispatcher revealed a lot of confusion about what happened after the crash.

At first, Roe told the dispatcher that Abney had fled the accident scene on foot, but moments later he realized that he had driven his car over the man and called for EMS.

A spokesperson for the Abney family said that initially they were concerned about the investigation into the accident.

The State Highway Patrol will turn over its findings to the District Attorney this morning so that the D.A. can decide whether to charge the deputy.

Abney died less than two miles from his home.

Investigators said that he was driving with a suspended license.

Gerald Abney

Investigators won't say exactly why the mostly low-speed chase ended with a Randolph County Sheriff's patrol car on top of Abney's Harley-Davidson motorcycle on Friday. The two vehicles landed in a ditch just off U.S. 64 on Mount Shepherd Road, which winds another mile or so up to the Abneys' home.

Sgt. Mike Ivey of the Highway Patrol said he planned to meet with Randolph County prosecutors this morning to present the results of his investigation and decide whether any charges should be brought.

Abney's wife, Rene, said the family has hired a Charlotte lawyer so investigators from outside Randolph County can look into the incident as well.

Ivey said Randolph County Deputy Rodney Coe started the chase minutes before 5 p.m. Friday when he saw a motorcycle pass three or four cars in a no-passing zone on Old Country Farm Road. Coe turned around to follow, but lost track of the Harley-Davidson. Someone in the parking lot of a nearby gas station pointed Coe in the right direction.

Ivey said the deputy followed the motorcycle down Caraway Mountain Road. The vehicles gave each other a "glancing blow" on the passenger side of the patrol car during a left turn onto Green Farm Road, Ivey said. The trooper said he wasn't sure whether the deputy or the motorcyclist caused the contact.

According to a sheriff's department press release, a second deputy tried to block the motorcycle's way at Old Lexington Road, but the Harley-Davidson drove through a yard to get around the parked squad car.

The chase, which Ivey said most witnesses described as relatively low-speed, continued on to U.S. 64, with the fatal wreck happening as the motorcycle and patrol car made a right turn onto Mount Shepherd Road.

Ivey said witnesses have given him conflicting accounts of the wreck. He said the deputy following Coe told him the motorcycle seemed unstable going into the turn. Ivey said the bike might have gone down on its own before the deputy's car ran over it, but that he could not say that for certain.

One witness, Richard Hunt, said he saw the deputy's car bump the motorcycle. But Ivey said he went to the scene with Hunt on Monday and that he did not see how Hunt's version could have happened, given the short distance from U.S. 64 to the wreck, just yards up Mount Shepherd Road.

"I couldn't second-guess him," Ivey said of Coe's decisions. "Police and law enforcement chase vehicles. If we didn't, we'd be in a bind also. I don't know what was going through his mind at the time. The blood and adrenaline gets pumping."

Ivey said Randolph County Sheriff Litchard Hurley assured him that Coe had not been involved in any other chase-related deaths. Coe was a passenger in another deputy's vehicle in January 2000 when the two plunged into a ditch during a fog-shrouded chase of a truck whose driver was suspected of domestic violence.

Contact Chris Helms at 625-8452, Ext. 229, or chelms@news-record.com