Court cases could affect makeup of Elizabeth City council

ELIZABETH CITY

In the next two weeks, the City Council could begin to see changes in its membership.

Councilmen Kirk Rivers and Rickey King are each scheduled to go to court for unrelated issues, and the outcomes could affect their positions.

On Monday, Rivers will go before a North Carolina Superior Court judge to request that a decision by the Pasquotank County Board of Elections be overturned.

During a two-day hearing in March, the elections board heard evidence from Richard D. Gilbert, who submitted a complaint that Rivers no longer lived at 512 Magnolia St., the 4th Ward home of his parents.

He married last year and said he and his wife, Nina, were waiting to move to a house under construction on Hampton Drive in the 4th Ward. His wife was registered at an address outside the city limits, and Gilbert said Rivers was residing there with her and her parents.

The elections board determined Rivers had moved out of the city limits, and at the next council meeting,

Rivers' seat was unanimously voted vacant.

A special election was called and, in the meantime, the couple moved into their renovated Hampton Drive home in April.

Then in May a Superior Court judge granted a motion to stay the election board's order that changed his registration.

The judge said he did not have enough information to rule on an appeal of the board's decision and suggested the parties request a special court session.

Rivers returned to the council.

His appeal is scheduled to be heard at 10 a.m. Monday during a session of Pasquotank County Superior Court, according to a notice of hearing.

On July 14, King will go before a Chesapeake Circuit Court judge for sentencing in a felony case.

In January, King was indicted by a grand jury on two felony counts of forging other writings, two felony counts of uttering and one felony count of obtaining money by false pretenses, according to court records. He pleaded guilty to one felony uttering charge in April.

Jon Babineau, King's attorney, said the matter was the result of a domestic dispute with his wife, Darlene, and involved him signing her name on documents, allowing him to trade in their shared vehicle.

Babineau said he will ask the judge at sentencing to reduce the felony to a misdemeanor.

King will have to give up his council seat if convicted of a felony. The North Carolina Constitution says that only persons who are qualified to vote may hold office. Felons are disqualified from voting.

In the meantime, King has continued to serve as a 3rd Ward councilman.

A special election will be called if it is determined that King or Rivers cannot keep their council seats.

It would not be the first special election since the council was sworn into office in December.

Darryl Stallings, who had enough votes for re-election in October, was disqualified after a resident complained he didn't live in the ward he served.

Daniel Evans won a special election to fill that open 3rd Ward seat and has served since April.

Lauren King, (252) 338-2413, lauren.king@pilotonline.com