Log in to WRAL.com with one click using your favorite social network:
OR
Log in using your WRAL.com account:



Wrong email/password combination.

Forgot password?

Register with WRAL.com using your favorite social network:
OR
Register for a WRAL.com account using our web form.

Login Options

9:56 p.m. • 2-10-12

Weather Forecast for Raleigh

  • Sat: Mostly Cloudy.
    • Hi: 52° F
  • Sun: Clear.
    • Hi: 43° F
  • Mon: Mostly Cloudy.
    • Hi: 50° F

Other Locations

> 7 Day Forecast

Doppler Image

Marketplace Links

Social Links

Main Menu

Ex-Lobbyist Beason Guilty of Simple Assault in Road Dispute Involving Pistol


e-mail print friendly
Beason Convicted in Traffic Altercation
Beason Convicted in Traffic Altercation

Don Beason, a former State Capitol lobbyist who was linked to the scandal involving former House Speaker Jim Black, was found guilty Tuesday of simple assault, ending his trial on a more serious charge of assault with a firearm for brandishing a gun during a traffic confrontation July 6.

Wake County Chief District Court Judge Joyce Hamilton ruled in Beason's non-jury trial after a day of testimony. She sentenced Beason to 100 hours of community service and continued judgment for 12 months, which would allow Beason to apply to have the conviction vacated then.

Beason had been charged with assault with a firearm.

In court Tuesday, Jason Batten said he and his fiancee, Chrisy Tellis, were driving to a gas station on Oberlin Road to get some headache medicine when his vehicle was in front of Beason's pickup at a stop light. He said Beason pressed down on the truck's horn for a long period of time.

Batten said that when he walked to Beason's vehicle, Beason pulled out a holstered handgun and held it up toward the passenger-side window for a couple of seconds before laying it on the passenger seat.

Beason testified that Batten grabbed his door handle and shook it and that he thought Batten was going to get into his car. He said he was defending himself.

"I was fearful he would do me bodily harm," Beason said.

Batten said "he was a little fearful" and backed away from the truck with his hands up until the gun was put down on the seat. He later walked behind the truck and wrote down Beason's registration number.

The couple called police as Beason drove off, and they pulled over Beason and cited. Batten said he did not know Beason prior to the incident. Police said Beason had a permit for the handgun.

On cross-examination, Bob Hensley, Beason's attorney, said the arresting officer's report indicated that Beason did not point the gun at Batten. Hensley also raised the point in cross-examination that Batten told WRAL when the story was first reported that "it was blown out of proportion."  Hensley also said Batten told WRAL at the time that the gun was not directly pointed at him.

Hensley said that Beason saw Batten make a "evil gesture" toward him and heard him yell an obsecenity. Batten denied that on the stand.

Wake Assistant District Attorney Matt Godwin argued in a pre-trial motion to allow evidence of another incident where he said Beason "brandished" a gun to another victim in a "show of force." He said the incident did not rise to level of "assault by pointing a gun."

Godwin said that incident was not reported to police, and Beason was not charged.

The former lobbyist came under fire after authorities identified him as the person who provided a $500,000 loan to Black. The loan, which went through Black's campaign account, was uncovered as Black was sentenced on a federal corruption charge that stemmed from illegal cash payments he received from chiropractors.

RELATED TOPICS: Godwin, Wake County

e-mail print friendly

86 Comments


WRAL.com welcomes your comments on this story. All comments are moderated prior to publication based on our posting guidelines. Please review them prior to posting and if your message is not approved.

View Comments VIEW ALL 86 COMMENTS

This story is closed for comments. Comments on WRAL.com news stories are accepted and moderated between the hours of 8 a.m. and 8 p.m. Monday through Friday.

Latest Comments
Looks like a case of He said/He said. I don't know that I could rely on either party for the whole truth. I do think when someone walks up to your vehicle that it puts you in a threatening situation. However, I do not feel comfortable with a gun in my car since I have a young child.

"one of the basic tenants of self defense is that you do not pull a gun unless you plan on using it."

Nope, you keep it at the ready in case you need to use it if it comes to that. If you "need to pull it out" it's probably already too late.

A physical arrest could not have been made because the offense did not occur in the officer's presence. Citation is the way to handle this. Let the judge decide. She did and now I know not to vote for her.

Anybody that gets out of a car and approaches someone elses' car in this day and age of car jackings probably gets what he deserves. Leave law enforcement to the police. They're equipped for it.

From chapter 20 of NC state law - it is illegal "for any person at any time to use a horn otherwise than as a reasonable warning." If you lay on your horn as a display of anger, you are the one legally starting a confrontation in NC. Of course, there are plenty of hotheads out there who will escalate the situation further - which is appears to be what both guys did. The other guy certainly escalated the problem by getting out of his car and going to confront Beason. Beason escalates it further by pulling a gun. Both of them are lucky that nothing worse happened.

Anyway - one of the basic tenants of self defense is that you do not pull a gun unless you plan on using it. You don't flash it or lay it on your seat to intimidate someone. If the situation is dangerous enough for you to pull a gun, you keep it out and in your control until you can get out of the situation.

In a nutshell, PC means that the crime "probably or is likely to have occured" based on the evidence gathered. In this case, the officer only had the statements by Batten and his companion, the statement by Beason, and the presence of the gun. If Batten had gone to the magistrate to seek a warrant, believe me, it would have been issued (I have dealt with countless cases like this over the last 12 years). Then the officer would be critized for the custodial arrest of Beason via warrant service. The whole case stinks and the officer probably felt the same way about it. But that is why things like this go to court and are presented before a judge (and/or jury). I stand by my opinion that the officer issued a citation to minimize the inconvenience and embarassment of both parties. He saved Batten a trip to the magistrate's office and Beason a trip to jail.

View Comments VIEW ALL 86 COMMENTS
Report It

Multimedia

Click Here