The Duncan Banner

Local News

April 30, 2009

Fence an issue for resident

John Walker

DUNCAN — Emotions were highly charged Tuesday at the Duncan City Council meeting when a Duncan man threatened to file federal lawsuits against the City of Duncan.

Billy Bewley came to the council to request it to protect his rights and cite his neighbors, who tore down his fence that was allegedly on his property. During or shortly after the fence was torn down, a fight broke out between the neighbors.

“I am here tonight because they broke the law,” Bewley said about the Hice family tearing down his fence. “Our neighbors attacked us.”

Bewley said that he subsequently put up another fence and they tore it down again.

The city did not cite the father of the Hice family for the incidents and that’s one of the reasons why Bewley came to the council Tuesday.

“I am going to be respected,” Bewley said. “And I am going to be protected by the law.”

Bewley then said he knows his way to the federal courthouse, but he doesn’t want to go that route.

“Please help me,” he asked of the council members.

After Bewley finished talking to the council, City Attorney Jim Frieda said that Bewley had spun a great yarn.

That statement did not sit well with Bewley, who jumped up from his seat and tried to interject an objection, but Frieda said that they had let Bewley speak without interruption and he should let Frieda respond in a similar manner.

But Bewley kept jumping up from his seat and interrupting Frieda until Duncan Police Lt. Robert Lynn had to go stand by him and tell him to sit down.

Frieda said that on Dec. 17, 2008, he received a letter from the district attorney’s office declining to prosecute any of the Hices.

“They gave specific reasons why they would not prosecute,” Frieda said.

Frieda was about to share some of the reasons, but asked if the council wanted to hear them first as the reasons contained sensitive information. The council members said they had heard enough already.

Frieda also said that the fundamental issue is a property dispute between the Hice family and the Bewley family that has been going on for some time.

In fact, this dispute has become such an issue that three members of the Hice family sued Bewley and two members of his family in Stephens County District Court on Feb. 19, 2009.

According to the lawsuit, the Hice family alleges it purchased property on which the Bewleys subsequently built a fence. The suit also claims battery and intentional infliction of emotional distress by Bewley and his family on the Hice family.

The council took no action pending the result of the civil case, which will have its next hearing date May 8.

Mayor Gene Brown and Frieda noted that this is a sensitive subject to the parties involved.

“I am concerned for the safety of both parties,” Frieda said.

Frieda even went so far as to send a letter to both parties requesting them to exercise some restraint, not to provoke each other in any way and wait for district court to make a ruling on the matter.

After Frieda finished explaining his understanding of the problem, Bewley offered one final clarification of his intentions and then left the building.

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