LUMBERTON — A man who was shot and killed on Tuesday had once been charged with murder in the shooting death of the father of his alleged assailant.
But the charges against the dead man, Fernando Fortunato Smith, 30, of Thompson Street, were dropped.
James Earvent Chavis, 33, of Bovine Drive in Lumberton, was charged Tuesday with first-degree murder in the shooting death of Smith, according to sheriff’s Maj. Howard Branch. Chavis is accused of shooting Smith multiple times outside a convenience store on N.C. 211 before fleeing in a gold car.
A sheriff’s deputy pursued Chavis in a road chase, which ended when Chavis stopped the car and fled on foot. He was caught a short time later and placed in the Robeson County jail without bond.
According to an article published in the May 25, 2004, edition of The Robesonian, Smith was charged with first-degree murder in the shooting death of Chavis’ father, James Arthur Deal.
According to the article, Chavis and Deal were in the front yard of Chavis’ Smyrna Street home on May 23, 2004, when a white Hyundai pulled up in front of the home and came to a quick stop. Smith allegedly jumped out of the car and opened fire on Deal and Chavis.
“Smith went looking for Chavis and was actually shooting at Chavis, but shot his father instead,” sheriff’s Maj. Randal Patterson told the newspaper at the time.
Deal later died at the hospital from multiple gunshot wounds to the legs. Chavis was not hit.
According to the article, that shooting was sparked by a fight between Chavis and Smith that occurred the night before and left Frank McCallum, Smith’s uncle, injured.
Branch confirmed that Smith was charged in Deal’s death. According to court records, the case was dismissed in January 2005. Further information could not be provided because the file had been destroyed.
Smith had an extensive record of driving and drug charges, according to the N.C. Department of Correction.
What interest me is the comment that "
Robesonian's, the problem is with the law enforcement agencies. They don't handle homicides on Native Americans, Whites, Blacks, & Hispanics the same. I honestly believe it's a matter of racism. Do you think a black man would have walked if he shot a white man?"....
He only did what is in any "Lum." To every action there is a reaction.
Thhose comments go hand and hand.... the law enforcement is not the problem.... they can only put a case together with what they have. when you have "lums", "blacks", "whites", and whoever else who have the "action...reaction" syndrome that Robeson County residents have...it is impossible to put a case together. Nobody will talk to the police... cause they want to react. Then these agencies are scrutinized for their inability to solve cases or produce enough evidence to prosecute. I don't think no officer wakes up and say "I guess I will let someone get away with murder today." You have issues such as uncooperative witnesses, witness dying, witnesses changing stories (willingly and via intimidation). Those are issues that no agencies or DA's office can change.
It's not a race issue until we (society) makes it an issue. Do you not think that blacks on black, white on white, and indian on indian retaliation has not occurred. Yes it has... but we overlooked it because the element was not there to make it a racial issue. And the last time I checked...There was unsolved and dismissed cases for all races.
Judge not,and you will not be judged; condemn not,and you will not be condemned; forgive,and you will be forgiven; give,and it will be given to you. Good measure,pressed down, shaken together,running over,will be put into your lap. For with the measure you use it will be measured back to you.”
The gunman gets off on a technicality? How many times haven't we seen or heard of this in Rob Co. Usually it's when the person makes bond then part 2 of the murder spree begins.
Who did the first murder investigation, Lumberton PD, Robeson Co. Sheriff, or State Bureau? Well some one messed up! As much killings go on there, it would seem they(law enforcement) were experts in crime solving and protecting evidence.
Robesonian's, the problem is with the law enforcement agencies. They don't handle homicides on Native Americans, Whites, Blacks, & Hispanics the same. I honestly believe it's a matter of racism. Do you think a black man would have walked if he shot a white man?
I have to agree with some of the other comments. If a man came to my house or any place for that matter. Shot my parent, I would wish he was let out on bail or walked free. When Smith got out of his car that day/night with that gun, he put his quarter in, and was ready to play. He knew what he was going to do on the ride over to the house. Did he think that he had the only gun known to man? Mr. Chavis was out of his mind when he seen Mr. Smith. The death of his father, this man walking free, sent a rage through is veins. He only did what is in any "Lum." To every action there is a reaction.
To the family's of Chavis and Deal, I know there is a sense of closer to Mr. Deal's death. But, Mr. Chavis being in jail is hard to take. He does deserve to be in jail according to NC Law. But in Murphy's Law that's another story.
To the family of Mr. Smith. He was a grown man, and when grown men make decisions they have to live with the outcome, or die from it's concequences.
“Smith went looking for Chavis and was actually shooting at Chavis, but shot his father instead,” sheriff’s Maj. Randal Patterson told the newspaper at the time.
I hate it for both families, and hopefully this is the end of it. But sometimes you reap what you sow.
Do you have evidence that Fort killed his father? Apparently not! And to wait 8 years later to so call get revenge makes him a coward!
So therefore nobody deserved anything but Chavis going to jail.