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GOP ad targets Bibbs' DWI convictions
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GOP ad targets Bibbs' DWI convictions
Bibbs: 'Worst kind of gutter politics'

It arrived in some Wilson mailboxes this week and it drew quite a response.

Democratic candidate Mark Bibbs said it’s a sign Republicans are desperate to win by bringing up old issues.

Republican candidate Susan Martin said she isn’t responsible, but it’s true.

At issue is a new ad flier for House District 8 paid for by the North Carolina Republican Party. It has a mugshot of Bibbs with his former inmate number on it.

"Mark Bibbs was arrested for a level four DWI. At the time of that arrest, Bibbs was already on supervised probation from a level one DWI previously,” the ad states.

The ad goes on to say that Bibbs resisted arrest and that his chemical breath test was nearly four times the legal limit at .44.

"Why is this relevant in a campaign for State Representative? The answer is simple: poor judgment,” the ad asks and states.

Bibbs said the ad is cheesy, in poor taste and is negative campaigning.

Martin said she had no knowledge of the ad until she got one in the mail Thursday.

Bibbs said he first got wind of the ad when his neighbor received one in the mail Thursday.

"My first reaction was that this is the absolute worst kind of gutter politics,” Bibbs said. "It’s not really worthy of a response. It’s un-American. And it’s a classic act of desperation on the Republican Party’s part,”

The Wilson Times emailed seven questions to the state Republican party. They answered one question and issued a short statement.

"The North Carolina Republican Party stands by the content of the mailer,” said Scott Laster, executive director.

Bibbs said Republicans fear losing so they have resorted to negative ads.

He pointed to a poll from Public Policy Polling. Among those who responded, if there was an election today, Bibbs would get 48 percent of the vote, Martin 41 percent and 11 percent were undecided, according to the poll.

In the poll, 55 percent of those polled were Democrat, 30 percent Republican and 16 percent were Independent/other.

Critics of this particular poll said it leans toward Democrats and was commissioned by Bibbs.

"Clearly if you are in the lead – if Republicans thought they were in the lead in winning this race, they wouldn’t go negative,” Bibbs said. "You only go negative when you’re trailing.”

Bibbs said Martin’s message to voters hasn’t clicked with them.

"Nobody really knows what her message is,” Bibbs said. "I don’t know what her message is. And it’s not resonating, so the only way to win is to go negative on your opponent and try and tear them down.”

Bibbs said it is inconceivable to him that Martin didn’t know about the ad before it went out.

"I did not approve the ad, but the facts are the facts,” Martin said. "Sadly Mark’s public record reveals that he is not fit to represent the people of this district. Integrity and character matter. Mark’s decision to run for public office while he has current, outstanding issues is just another example of his poor judgment.”

Bibbs said if she thinks the ad is negative, she should come out and say so.

"If Susan had nothing to do with this ad, and no knowledge of it, then I call on her to repudiate it and denounce it publicly,” Bibbs said.

Martin said she is not surprised that this information on the ad is coming out and Bibbs should not be surprised either.

But she said she doesn’t believe in negative ads.

"I am no fan of negative ads,” Martin added. "It is sad that it is completely true. I am running for state House because if people of integrity are not willing to serve, politics will never change. Personally, I do not want Mark Bibbs representing me in Raleigh.”



Gary Proffitt, chair of the Wilson County Republican Party, said he didn’t know about the ad until his neighbor called him.

"The Wilson County Republican Party had no inclination this was going to happen,” Proffitt said. "I’ve not seen it. It has been described to me, but I haven’t looked at it. We would never do a negative ad. I would never authorize it.”

Bibbs said the DWI is an old issue and he has moved forward from it in a positive way.

"This is something I talked about early on in this campaign – back in February when I first filed,” Bibbs said. ”I always knew that this would be a topic in the campaign. I had hoped that it would be a campaign about issues. But again it’s about gutter politics and negatives.”

Bibbs said he was discharged from the DWIs he had pleaded guilty to in 2004 and 2007, more that eight years ago on one and more than five years ago on the other.

"I plead guilty to them – I paid my costs, I did what the court ordered me to do,” Bibbs said. "I don’t see any other reason to keep airing this over and over again. It’s not something I’ve tried to keep secret. It’s something that is obviously very public.”

Bibbs said he has asked his family for forgiveness as well as his friends, church family and other lawyers and they have all forgiven him and let it go.

He said he has spent a few days in jail, gone to a rehabilitation program, done public service, and believes that God has forgiven him.

"My opponent said from the beginning that she wanted to run an issue-oriented campaign,” Bibbs said. "She called herself Christian and conservative. Well I’m a Christian, too. I don’t know what type of Christian religion she has, but the bible that I read says God is a forgiving God. You don’t keep talking about mistakes of the past.”

Bibbs said the DWIs happened years ago, not last week or last month or last year.

"It’s something that happened in my life during a very dark period,” Bibbs said. "I drank more alcohol than I should. And I told you folks that I am an alcoholic. Once you’re an alcoholic, you’re always an alcoholic. Whether you drink any more or not is a whole different question.”

Bibbs said his life has been plagued with whispers and watching him everywhere he goes, and he said that is not something anyone would like to endure.

"This in a constant reminder that some people won’t let go of the past,” Bibbs said.

This isn’t the only ad Bibbs is taking issue with during the campaign.

"They tried to link me in supporting gay marriage – which I do not,” Bibbs said. "I’ve said that on the campaign trail, I’ve said it to civic groups, that I am opposed to gay marriage. We have a law in North Carolina now that makes it illegal for two men to marry each other or two women to marry each other.”

Bibbs said he voted against Amendment One because there were too many unintended consequences for heterosexual couples who have children, for older people who are not married and live together that would affect their health decisions, social security and many other issues.

"It treats heterosexual unmarried couples unfairly – it targets them as well as same sex couples, and that’s why I was opposed to it,” Bibbs said.

Bibbs said he was particularly offended by a tax ad because his wife was targeted.

Bibbs said his wife Jennifer is a school psychologist and a public employee.

"In that direct mail piece, they put her name on the back of it and highlighted it in yellow,” Bibbs complained. "Bringing in a candidate’s husband or wife or kids or family into a campaign’s negative tactic is never OK,” Bibbs said. "My wife has done nothing to anybody.”

Bibbs said his wife supports his campaign, but she was upset that her name was on the back of the flier.

Bibbs said he has learned many lessons from his past DWIs. He believes there should be stiffer penalties for first-time offenders.

He said he has talked to other attorneys and prosecuting attorneys and is willing to sponsor a bill for tougher first-time convictions.

"This is something that, had it happened to me early on the first time, there would not have been a second time. I am confident in that,” Bibbs said. "Every DUI offender in this state, no matter what their blood alcohol level was ... if they’re guilty of driving while impaired, or driving under the influence of an impairing substance, be it cocaine, marijuana or pain pills, you get a mandatory period of time in the county jail.”

Bibbs said he feel uniquely qualified to introduce the bill. He said it was terrible being locked up and he believes it will deter anyone from doing it again.

Bibbs said he would suggest weekends for first-time offenders. He said it would be eye opening.

Bibbs said if the GOP is bringing up issues such as this one, they need to have their candidate debate him in public. He wonders if Martin won’t debate him, how will she debate issues on the legislative floor if elected. | 265-7847
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I Vote Bibbs said...

I vote for Mark Bibbs thats for sure.Little Miss Susie Homemaker is just playing a dirty game and lying about it.Shes trying to pretend to be so innocent and pretend she has nothing to do with all the gossip about Bibbs.He is the right man for the job and I can bet you he will get the job done!He's not afraid of a good fight and he loves a challenge.However Susan will crumble under pressure and Bibbs will stand strong when he's put under pressure.Who cares if he had a DWI.Many of the others did it But they just didnt get caught.Vote Bibbs ,If you want someone to stand strong and get the job done!

Wednesday, October 17, 2012 at 11:22 PM
To @ sick of DWI stuff said...

It's very sad that you don't realize that thinking voters see right thru Susan Martin. She has no plan. No ideas. No idea of how to get things done for us in Raleigh. Bibbs will win this race. I agree with the comment that Bibbs is a lot like Bill Clinton. That both have had problems in their personal lives, but that does not transition into problems with policy and government matters. When Bibbs wins, though narrowly, I hope that he will be gracious to those like you and Billy Prickett who have spewn hateful venom at him. I predict he wins narrowly by 2,000 votes of more than 30,000 cast!

Friday, October 12, 2012 at 1:11 PM
@ this said...

The problem I have with Susan Martin is that she conceals herself; and her ideology from the people. She is not clear on how she stands on the issues or her supposed "solutions" to fix our problems. SHE SOUNDS "IN YOU OPINION"ALOT LIKE OSAMA HUSSEIN OBAMA IN MOST PEOPLE'S NORMAL NONPARTISAN OPINION.

Thursday, October 11, 2012 at 8:03 PM
@ sick of this DWI stuff said...

he is not going to win as most people now know of his recent issues with alcohol and his lack of adherance to the law and the many times he put innocent motorists at risk with all his drunk driving episodes and as the elction gets close wilson and greenville newspapers and media will highlight this mans problems to help voters make a " no Brainer" decision to not elect this man. any one with any common sense would not support this habitual drunkard.

Thursday, October 11, 2012 at 7:59 PM
THIS.... said...

The Libertarian said...
"The problem I have with Susan Martin is that she conceals herself; and her ideology from the people. She is not clear on how she stands on the issues or her supposed "solutions" to fix our problems.
About Electricites; she commented "I do not agree with my opponent’s claims that he can force private companies to be responsible for others’ debts." This shows a complete lack of understanding on her part. The local municipalities picked up the burden to help the "private companies" leverage their debt and avoid a potential rash of power outages to hit due to the expected electrical demand being higher than could be met. Now the municipalities that flocked to their assistance have a higher debt burden than the other electrical consumers.
Susan Martin also vilifies Obamacare, all while supporting its predecessor Romneycare. I do not understand how she can support one but not the other.
She has no idea what’s going on with the Sanderson Farms issue. All she has to say on the issue is “I generally support more local control” and “reduced regulations”. How does that address an issue of a company coming in an over burdening the water supply with pollutants and creating only low wage jobs?
She continues to address economic growth in NC with “reduced regulations” and “improve our business climate”. What exactly does that mean? What are her plans to reduce regulations, what regulations will she reduce, and how can she improve our business climate?
I believe the vagueness of her statements ultimately lend themselves to a simple lack of understanding. A lack of understanding leads to an ineffective leader and a governmental body with no ability to problem solve.
I feel Mark Bibbs is more similar to a Bill Clinton democrat. While they both have issues with their personal lives; they both have the knowledge and drive to make changes than can spur growth and real development for the people."
Tuesday, October 09, 2012 at 11:47 PM

Thursday, October 11, 2012 at 3:33 PM
concerned said said...

to@sick of the DWI stuff if Bibbs wins we will say Mayberry has Otis Campbell and Wilson has Mark Bibbs

Thursday, October 11, 2012 at 2:35 PM @ sick of this dwi stuff said...

if you are tired of reading about all of mr bibbs drunk driving episodes and his emabarrasement at the courthouse and his other issues many voters feel are important to know about when and if they consider this man to represent them in the state legislature, i suggest you quit reading and commenting in this section of the e- edition of the paper. this ams past is a matter of publc record and he is a disgrace to himself, his family and his profession. two dwi convictions and blowing a .44 when his probation officer had him tested when he made a specatacle of himself at the courthouse drunk. a fine example for all our citizens and young people to follow and emulate. this is pure gutter politics for telling the truth about this man.

Thursday, October 11, 2012 at 2:35 PM @sick of the DWI stuff said...

If he wins....they'll say we have no, "morals or character" for electing him. Then they’ll reference MADD and SADD again not realizing that one of MADD’s former presidents and several members of MADD have been charged with DWI’s along with our former President of the United States. Really, they'll say anything to draw attention away from the actual issues and which candidate is best qualified and best equipped to debate on the house floor. If Susan Martin needed something to do other then be a wife and mother maybe she should have had someone nominate her for The Wilson Woman of the year, not the NC house. IMO the Libertarian stated it best in another article.

Thursday, October 11, 2012 at 10:18 AM Sick of this DWI stuff said...

I'm tired of reading all the comments by the same people, over and over, who comment on Bibbs and his past DWI matters. This election is about who can best do the job at the legislature, and who can best represent this area with passion and the ability to build consensus, reach across party lines and get things done for our area and our state. When you comment on Mark Bibbs, attack him by disagreeing with him on issues, leave that other mess out. He will make a great member of the State House once elected in November. He's a far superior candidate to Susan Martin. To all of you who will still make negative comments about him, what will you have to say after he wins?

Thursday, October 11, 2012 at 6:50 AM it is absolutely the worst type of gutter politics said...

to tell the truth and facts about Mr Bibbs recent past. Shame on anyone who would do such a dastardly thing. he should be given a pass on his indescetions like pres Oblamer has always been given.

Wednesday, October 10, 2012 at 10:43 AM @ romney drinks said...

there is a big difference between being a social drinker and a habitual drunk and Dwi offender.

Wednesday, October 10, 2012 at 10:38 AM Unaffliated vote here said...

and I will not be voting for Bibbs. I've met him. He comes across as an arrogant, unlikable person. People I know who have met him say the same thing. It might be the past, but if you can't follow the law, you don't need to be in Raleigh helping to make them.

Wednesday, October 10, 2012 at 10:05 AM the greenville reflector passed on rerunningt the wdt article on the blast from the past said...

however the editorial manager said the info would be used to educate voters in greenville and pitt county and help them make an informed decision about who they want representing them in the state house.

Wednesday, October 10, 2012 at 11:12 PM Romney drinks said...

So Bibbs drinks. What exactly was Romney drinking when he said he was more liberal than Ted Kennedy?

Wednesday, October 10, 2012 at 11:04 PM JMO said...

I think that "Blast from the Past"'s copy of the newspaper report on Bibbs should be published in the newspaper again, sent to all of Pitt County's newspapers, and run on local TV stations so that all voters will be informed about Bibbs' past!

Tuesday, October 09, 2012 at 4:04 PM To Rick Whitley said...

Fools names like fools faces are often seen in public places! (Spell check certified)

Monday, October 08, 2012 at 11:11 AM gutter politics said...

is if you tell the truth about Bibbs. same as if you tell the truth about Obama. you are a total racists if you telkl the truth about these two shady, questionable clowns.

Monday, October 08, 2012 at 9:39 AM Mistake? said...

A mistake is adding 7+3 and getting 9. Getting arrested and convicted (twice) for DWI is not making a mistake/mistakes. One DWI was for having a blood alcohol over FIVE times the (ill)legal limit. Then to go to the courthouse drunk while on probation for the aforementioned and cursing people is not a mistake. Sickness, character issue, poor judgement but not mistake.

Saturday, October 06, 2012 at 5:07 PM Correct said...

I vote the person and not the party too. "all politics are local" former U.S. House Peaker, Tip O 'Neil used to say. That's why I'm voting for Romney, then I'm going down the ballot and voting for Bibbs. He understands our problems locally. His opponent wants to get rid of Obamacare. I do too, but that's a federal issue, not one that can be handled in Raleigh. Susan should run for Congress, instead of us getting George Holding. By the way, I'm an independent voter.

Saturday, October 06, 2012 at 10:04 AM To Just Sayin' said...

So you want to condemn ALL Republicans as being mean? So what about the "mean" Democrats that did the EXACT same thing to Buck Newton? Be careful how you group EVERYONE into one category... Not all southerners are dumb... not all northerners are rude.... See... you have to make a determination based on ONE person's interaction with you .... NOT A GROUP... that kind of thinking is small minded and bigoted... "Just Sayin!" And for the record.... I'm not affiliated with EITHER party... I vote for the PERSON and what I think they can do for this country... NOT THE PARTY.

Saturday, October 06, 2012 at 11:25 PM Rick Whitley said...

Just to jump off track here a little bit.. I love reading the comments here better than the articles themselves. It’s amazing how much venom and disdain some people carry in their heart. I especially like how there are several posters up here under different “pen names”, but write using the same phrases and writing styles over and over again. It’s good to debate or simply express your opinion; but directly pointed to “kinda like”, “the truth hurts”, “the republican caucus tactics are "ALMOST" (in another article), etc; your comments would carry more weight if you would actually post your real name and not try to disguise yourself in an attempt to exaggerate the number of comments condemning Mark. This is an open forum for discussion and debate intended for adults. For just a moment, try to pretend you are one…
And again (as I addressed you in another post when you attacked me for not being a “real” republican – also under a different pen name) please… Learn to spell check.
Now... Carry on good folks.. Carry on...

Saturday, October 06, 2012 at 10:11 PM @ @Concerned Voter said...

Why are you shouting at concerned voter? That person never said they were voting for Martin or Bibbs. Or did you just assume they are voting for Bibbs because they made a bi-partisan statement to all voters that was calm,rational,offered intelligent information and was done without bashing or trying to "LABEL" anyone :)

Friday, October 05, 2012 at 4:45 PM Where were you? said...

Where were you all when George W. Bush was running for President, twice! He was an alcoholic, had a DWI and his parents even held an intervention at their vacation home because things were so bad. I guess there is a different set of rules for Republicans.

Friday, October 05, 2012 at 4:45 PM tired said...

To "get your facts straight", I believe that "Bibbs Lies" was referring to the arrest at the courthouse in Dec, 2008 for Bibbs' drunken outbursts and the subsequent sentencing to serve time in jail in January 2009. Yes, unfortunately a little over three years ago. We all could try to be more polite and play nicely. However there are only two people running for this office and those two are the only ones who we should be judging on issues AND character. That is the choice we have to make when thinking about who to send to Raleigh to make important decisions for all of us.

Friday, October 05, 2012 at 3:40 PM Mark said...

I agree, the past is the past. Mark you placed this terrible time of your life behind you and I was for you until you brought Christianity into it. You questioned her CHRISTIANITY and to me that's just as bad as what the GOP has done to you, if not worse. Two wrongs don't make a right. My daughter got the flyer and into the trash it went where it belongs, but you just lost another actually 9 votes.

Friday, October 05, 2012 at 3:05 PM @Concerned Voter said...


Friday, October 05, 2012 at 3:05 PM @just sayin said...

"I am sure that those who are criticizing Mr. Bibbs are not without sin". No, I don’t believe that a lot of them believe they are, followed up by letting us know they are Christians. From what I am taking from these comment sections on every article about Bibbs and Martin is; Martin supporters are mostly “Christians” and all have “character, morals, integrity and are voting for that” (can’t you tell by all the bashing they do of Bibbs) and if you are a Bibbs supporter you are a fool,liberal and without character. It appears to me they believe Martin is THEIR God. Look how they worship her as they judge Mark. Wonder how our real heavenly father feels about that? I also wonder how he feels about a lot of our other local citizens drinking and driving? Is all you have to do is go to Martins and Bibbs campaign facebook pages and see crowds of people on both sides drinking alcohol in these photos at fundraising events. I wonder how these people got home? We all know the answer to that don’t we, but they seem to overlook that because those people weren’t caught or because those people aren’t Mark?
Just as surely as the Lord's wrath will be revealed against all those guilty of openly sinful and wicked lives, we can be sure that it will also be felt by the hypocrite. We all know what a hypocrite is. A hypocrite is someone who merely plays a part. They pretend to be someone and something that they are not. God will not hold this kind of person guiltless.
God judges the hypocrites because the hypocrites assume the place of God in judging the life and conduct of others. It is neither your place, nor mine, to pass judgment on another person, Matt. 7:1-5. When we judge, WE are guilty before God!

Friday, October 05, 2012 at 2:58 PM Get your facts right said...

To the last comment "Bibbs Lies", you can't read, or don't comprehend what you are reading! I called the courthouse and found out that Bibbs was correct, he was charged in 2004 in the first case and then charged the 2nd time in 2007. That would be more than 8 years ago since 2004 and more than 5 years ago since the 2007 charge. Did you pious, holier than thou realize that former Vice-President Dick Cheney, was charged for DWI, 2 times in the SAME YEAR, and was convicted of both? Of course that has nothing to do with what he was able to accomplish after learning his lesson right? Leave Bibbs alone, many of us non-pious Republicans are voting for him. Why today alone, several of my co-workers at the bank I work with here in town, who are both unaffiliated and Republicans, who were voting straight Republican, are so upset with the dirty ad, they are voting Republican still, but rather than a straight ticket, they are breaking ranks and voting for Bibbs. Congrats GOP and Susan!

Friday, October 05, 2012 at 2:47 PM BIBBS LIES said...

Even in this column he calls the time between 2007 and 2012 (more than eight years).Jan. 2009 now may seem a long time ago to him....but was it. The man is desperate, he has pumped (ONE HUNDRED THOUSAND) personal (I doubt it) dollars into this bid (WHY?). Mark, there is already a stiffer penalty for a multiple offender such as yourself, (YOU DON'T GET ELECTED).

Friday, October 05, 2012 at 12:54 PM Concerned voter said...

We as voters have a responsibility to ourselves, to our families, and to our community to educate ourselves on the issues. With that education, we as individuals can determine which candidate best serves us. Everyone makes mistakes. Mr. Bibbs has made mistakes, as well as, I am sure Mrs. Martin has made mistakes in their personal lives. If we never made a mistake, lessons will never be learned. Unfortunately for Mr. Bibbs his career in the public has caused his mistakes to be out in the public eye. Our personal voting decisions should come from what we believe is best based on topics that suit our needs. We should all educate ourselves, and not vote based on mailers or television advertisement. We as Americans have been given the right to freedom. Maybe we should all use our freedom wisely in this election. Whether we are voting for local, state or presidential elections, we need to take the personal responsibility to Research each candidate...not only vote for our party, what we have received in our mailbox, or what we have watched in a 30 second commercial.

Friday, October 05, 2012 at 12:32 PM Just sayin' said...

To me, the recent mailing of this pamphlet shows what mean, vicious people many Republicans are. All humans make mistakes in their life and the majority go on to become successful and productive members of the community. We should not allow past mistakes to define a person for the rest of their life. I am sure that those who are criticizing Mr. Bibbs are not without sin. Maybe they were just lucky enough not to be caught. What has happened to love and forgiveness in our society???

Friday, October 05, 2012 at 12:13 PM well said...

That was far from taking aim that was stating the facts! Dont do the crime if you cant do the time!

Friday, October 05, 2012 at 10:21 AM Mr. Logic said...


Friday, October 05, 2012 at 9:25 AM said...

As I look back at the 2010 Election, I believe that the negative ad that the Democrats ran about Buck Newton and his drug arresting days backfired on them and he won. I hope this happens for Mark Bibbs, who like Newton, is moving on from past events. I hope this shows the true spirit of the Republican Party and why did Mr. Proffit not know, seems rather strange and out of touch to me. Mrs. Martin did not know, that is even stranger. Come on folks, you knew, and now it will backfire on you. Mark is clearly the better candidate.

Friday, October 05, 2012 at 8:35 AM the truth hurts said...

if any of the allegations are not true, sue them like Buck did the NC Democratic party and A B Swindell who sent out a flyer knowing it had been disproven ahead of time. i think MR Bibbs numerous indescretions are well documented and recent.

Friday, October 05, 2012 at 7:19 AM kinda like said...

the add the state democratic party sent out ,with the approval of A B " show me the money" Swindell about charges that had already been proven wrong, regarding Buck Newton in his " college" Days. this add about MR BIbbs is true and is a matter of public record and is not a "youthful indescretion" as Newtons was. Bibbs DWIs , probation, incarceration, violations of his NC Bar license dismissal probation and his tax issues are all within the last 6 or 7 years. he may think it is no big deal but the people of this realigned district, ceratainly have the right to know about all his personal demons and issues when considering whether they want him to represent them as a state legistor in Raleigh, creating laws , that he himself refuses apparently to obey. if he has been convicted twice on Dwi charges , imagine how many times he has driven drunk. only by the grace of god has he not killed himself or an innocent civilian. wonder if MADD and SADD support him? not surprised the NCAE does. what a great example for teachers and students to imulate.

Friday, October 05, 2012 at 7:16 AM Blast from the past.. not really that long ago!!! said...

Attorney sentenced to prison

Slugline Attorney-sentenced-to-prison--
Publication Wilson Daily Times
Date January 27, 2009
Section(s) Local News

Wilson attorney Mark L. Bibbs, who was arrested at the courthouse Dec. 5 after a series of drunken outbursts, was sentenced to 61 days in prison Monday for violating his probation.
Bibbs, whose office is located at 208 Tarboro St., was sentenced Monday by Judge Thomas D. Haigwood, a special assignment judge from Greenville.
Bibbs, 38, had been on probation since 2006 when he pleaded guilty to a Level 4 DWI. During 2007, Bibbs was again arrested for a Level 1 DWI and was ordered to serve several weekends in the Wilson County Jail and to receive substance abuse treatment. He was ordered not to consume any alcohol while on probation and was ordered to submit to random alcohol screenings. If he tested positive, he was to be taken into custody immediately.
On Dec. 5, Bibbs, who was not scheduled to have any cases heard in court that day, was arrested at the courthouse by his probation officer, T. Davis, after he tested positive for alcohol use, which was in direct violation of his probation.
Haigwood asked Davis for a rundown of the events on the day of the violation.
Davis said she received a call around 11 a.m. Dec. 5 that Bibbs was at the courthouse using foul language at court employees and that he smelled of alcohol.
She went to the courthouse and asked C. Fogg, a N.C. Highway Patrolman, to administer an Alkasensor test to Bibbs.
Davis and Fogg located Bibbs in an office adjacent to the District Courtroom reviewing some paperwork. Davis said she advised Bibbs why she was there and that he was being tested in accordance with the terms and conditions of his probation. Davis said after several attempts, Bibbs was able to successfully complete the test, which revealed a blood alcohol level of 0.19. He was immediately taken into custody.
Haigwood then turned to Andrew Whitley, clerk of Superior Court for Wilson County, and asked what transpired between Bibbs and his staff earlier in the morning.
Whitley said Bibbs had made a phone call to a deputy clerk of Superior Court working in the criminal division, requesting that she pull some files and have them available to him so he wouldn't have to wait when he reached the courtroom. Whitley said the deputy clerk informed Bibbs that she could not do that because it was against policy. That's when Whitley said Bibbs became belligerent and began cursing at her (the deputy clerk).
Whitley said that the deputy clerk then passed the call to the assistant clerk, who was subjected to the same name calling and cursing. The assistant clerk informed Whitley of the situation, and Whitley then discussed the matter with the two employees.
Whitley said that as he and the two employees were exiting his conference room, Bibbs was standing in the entrance to the courthouse and began yelling at the assistant clerk and cursing at her again. That's when Davis said she was called to perform the test.
"Here we have an officer of the court who is transacting court business while on probation, cursing people in the courthouse in view of the public," Haigwood said. "Other folks would get locked up for speaking to clerks, judges or other court officials. They would be in jail for 30 days. Why should we treat a lawyer any different?"
Andy Boyd, Bibb's attorney, said he agreed Bibbs should receive some sort of punishment because he did admit his probation violation, but since he was been doing so well since 2007, asked the court not to make Bibbs' sentence active.
"He has apologized to everyone at the courthouse and sent them a letter," Boyd said. "He did drink the night before (Dec. 4) at the Wilson County Bar Christmas party."
Boyd said Bibbs was going to admit himself to treatment in Atlanta once this case was resolved. Bibbs has been a patient in the facility before.
Boyd requested that Haigwood structure whatever punishment he deemed appropriate to include termination of Bibbs' probation.
"He suffers from a disease," Boyd said. "This is in no way over for him. Part of the recovery process is relapse. That is part of overcoming alcoholism. He is in the process of picking up and starting over again."
Nash County Asst. District Attorney Keith Werner told the court this was an ongoing problem, and he could appreciate what Bibbs was dealing with.
"The fact remains that he has had two DWI's," he said. "He is flaunting this in front of the public. This is probably not an isolated incident. He has probably been drinking all along."
When given the opportunity to address the court, Bibbs said he had apologized to all involved and offered another apology in open court.
"I've had a problem for a long time," he said. "This is going to cost me. I would like the opportunity to serve any time you may see fit by serving weekends or pay a fine so I won't miss any more of my 3-year-old's life."
"I feel I've had to pay more consequences than most for my DWI's," Bibbs said.
After a 20-minute recess, Haigwood was ready to render his decision.
After considering all he heard, Haigwood said he was finding that Bibbs was in willful and intentional violation of his probation.
"I am going to revoke the probation and implement an active sentence," Haigwood said shaking his head. "I am ordering that he spend the next 61 days in the N.C. Department of Corrections. He is to receive credit for all of the time served previously, and he is to be assessed for substance abuse treatment."
Bibbs asked if he could serve his time in the Wilson County Jail instead of the Department of Corrections.
Haigwood said because it wasn't fair or comfortable for the jailors, court personnel and deputies alike to have to supervise Bibbs, he wanted Bibbs transferred immediately.
"We just can't have that," Haigwood said.
With shock on his face, Bibbs then asked if he could report on Tuesday or Wednesday so he could take care of some financial obligations.
"No, I'm not going to allow that," Haigwood said, "You need to go with the sheriff." | 265-7821

Friday, October 05, 2012 at 6:14 AM
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