This is how you wear it...
Avery lived with death threats
• She knew what her ex-husband was capable of
By Parish Howard
"If anything ever happens to me, it was him." ADVERTISEMENT
The threats weren't secrets she kept; they weren't bruises she was ashamed
of and she didn't blame herself. No, the pain was a part of her life and
she took the threats and dealt with them straight on, like she handled
everything else.
The events she recorded begin a couple of years ago, not long after settling
the divorce Jim, a trucker at the time, had asked for.
When the threats got really bad, she had an alarm system installed that
would call law enforcement at the push of a button. But, with money getting
tighter and tighter, she had to have it turned off.
Since that day people have asked, "What can be done? How can this be prevented?"
In the end those who knew her, those who loved her, are left with a lot
of maybes. Maybe her husband couldn't stand that she could make it without
him. Maybe something snapped or something was said or he realized that
as much as he wanted it to be the other way around, he needed her a lot
more than she needed him.
• Among the possible charges
under scrutiny are theft, false statements and writings, concealment of
facts and violation of oath by a public officer By Ben
Nelms
Recently obtained information from search warrants executed Sept. 19 at
the home and office of Jefferson County Coroner Johnny Nelson questions
whether criminal actions had been committed.
One of the areas of inquiry involved Nelson receiving a $200 check from
Hawthorne Funeral Home in Mt. Vernon, Washington. The affidavit stated
that a conversation with the funeral home revealed that the check had
been issued. Nelson reportedly said he “would need the money prior to
signing the death certificate.” The agent was told that Nelson also requested
that the funeral home send him “a few hundred dollars so that (he) could
pay a life insurance policy on a family member.” The funeral home furnished
GBI with a copy of the cancelled check with Nelson’s endorsement and indicated
that they did not send the additional funds he requested.
The only thing missing at the Christmas parade in Louisville is the snow. Overcast skies and cold temperatures make a perfect backdrop for the Dec. 13 parade, sponsored annually by Louisville Lions Club. The parade is always preceded by a showcase of crafts by local artists and an endless variety of food.
Editor
Becky Kirby Avery told friends, family and coworkers if she ever turned
up dead or missing who would be responsible. She told them more than once.
While she may never have foreseen that her ex-husband, the father of her
two children and a man she had once loved, would show up at her home with
a loaded shotgun and actually use it, she definitely knew he was capable
of it.
Her friends knew Becky carried a .38 caliber handgun in her purse next
to her coral-colored lipstick and that she took it with her everywhere
she went.
"She knew it was going to happen," more than one family member has said
in the days following her body being found in her Stapleton home on Dec.
4. More than one friend has hauntingly said, "She told us."
While they'll never know all the answers to why this happened or how things
could go so wrong between her and Jim Avery, the man she was married to
for nearly 20 years, Becky herself has answered some of the questions
of what led up to her murder and her ex-husband's subsequent suicide.
As coworkers at The News and Famer/The Jefferson Reporter cleaned
out her office last week, placing her miniature fountain, herbal remedies
and other personal items in two cardboard boxes, they came across a sheet
of stamps with the crayon image of a crying woman running from a square
little house and the words "Stop Family Violence" in each tiny frame.
"There were a tea pot, little pieces of poetry stuck on the wall and her
computer," said Joyce D. Beverly, the newspaper's publisher. "What struck
me most was that this was a person who very much desired some peace. In
the midst of all this chaos, she was just trying to hang on."
While going through her computer, saving the digital images from her 21-year-old
daughter, Deidra's September wedding into a special file, they came across
something else. Becky's own answer to how this happens, to how she saw
things escalate from anger to threats to acts to worse was saved there
in a text file.
Her family says she had been recording these events for court. The day
after she was killed, she and Jim were expected to appear in court in
what they both believed would be the final hearing for custody of their
14-year-old son, Bryan.
"On one occasion, early on, after he told me he wasn't going to pay me
$300 a week (child support) anymore... We argued over the phone, he threatened
to see to it that I was 'out on the street.' The next time he came in
off the road, he did not tell me, and went to the house, picked up my
kids and left with them. I had no idea; I was at work. I kept calling
the house…I panicked and left work to find them."
A short while later, she passed them in the road.
"He finally pulled over, got out, came to the back of the truck and told
me he was taking the kids with him. I said, 'No, you can't do that.' He
said he would. When I tried to go to the truck to get the kids, he started
shoving me backwards and said he would kill me."
Eventually, after calling the Glascock County Sheriff, the children left
with her.
"I called him later and told him he could take the kids out to dinner
and spend time with them, but he had to agree not to ever come unannounced
again, because he really scared me."
He agreed and while she went back to work, he picked the children up from
her house.
"He sent them out to the truck and proceeded to use a screwdriver punching
holes in the tower unit of my computer."
She describes another occasion where she told him of a plan to sell some
of their property to pay for some repairs on the roof of their house.
She says that he told her he wanted half the money, regardless of the
fact that she had been making the payments and that he had not been paying
child support.
"He then told me he was going to solve all his problems, he was going
to kill me, and that I could call the police, it wouldn't matter because
they would not be able to recognize me when they got there. I said 'you're
threatening to kill me over money? And not even a lot of money?' to which
he replied, 'I would kill my own mother over money.' I take his threats
very seriously. I never feel safe when he is around. I have not yet sold
the land."
The threats took their toll, but it was the people closest to her who
really saw it.
At her funeral, Becky's mother, Joann Kirby, recalled her daughter as
the determined child marching off to kindergarten.
"No tears, no fears...just a resolute, 'I can do this myself!' and Becky
marched into life," Kirby read her daughter's eulogy. "She heard the beat
of a different drum, a beat not always understood or approved by others.
Nevertheless, where Becky thought she needed to go, she turned her face
in that direction and moved on, usually confident and upbeat. And yet
in recent years, as some of you know, an uncustomary sadness moved into
Becky's life, over some things she did not seem able to conquer. Although
she tried, every way she knew, she tried."
Yes, her mother knew about the threats, but she also knew her daughter's
determination.
"He has threatened to file bankruptcy and force me to sell the house,
land and truck if I didn't agree to accept $50 a week as child support…I
reluctantly agreed," Becky wrote.
Not long after that, he stopped paying even that.
On August 1, about four months before the killing, he announced that he
had decided to sue her for custody of their son.
"I asked Jim why he was doing this, his reply was 'I'm going to live every
day of my life to make yours miserable.' It was then I realized I could
no longer handle this situation and decided to retain a lawyer."
Becky regularly spoke to her mother in California about the threats.
Kirby said she knew her daughter was afraid of Jim. She said her daughter
had not yet sought a restraining order because she was trying to keep
a low profile. She wanted things to go smoothly and she didn't want to
make him angry.
"It was after he called and told her he was going to get her and she wouldn't
know when, but that he was coming that she went out and got the gun,"
Kirby said. "She told me that when she came in from work, she always tried
to keep an eye out for parked cars on the side streets near her house."
Within the month before he killed her, he had turned off the power on
her Stapleton home. The service was still in his name and he canceled
it on a Friday, when according to Becky, he knew she would have to go
through the weekend without electricity, without heat, before she could
have it turned back on the next week.
That weekend she went to her aunt Ruth Blanchard's house and the two of
them painted their toe nails and talked about the future, about her recent
raise and coming move from the local paper's graphic artist position to
The Augusta Chronicle's new community desk. A week or two later
she bought a new car to get better mileage on her coming trips to Augusta.
Then sometime between 9:30 p.m. Wednesday Dec. 3 and Thursday morning
Jim came to her home and shot her several times. He then went home, took
their son to school the next morning and later, as officers stormed through
the door of his Gibson home, he took his own life.
"That Friday," Kirby said of the day after her daughter's body was found,
"they were supposed to go to court for the final custody hearing. And
she had resigned herself to the fact that her son was going to live with
his father."
Those who knew Becky, who saw her living through it everyday, just shrug
their shoulders. They don't know the answers, but some of them have ideas.
"In school now they are taking all threats seriously," said Julie Seargent,
a cousin, coworker and close personal friend of Becky's. "Why can't our
system do that?
"Every time she tried to do something to get ahead, to dig herself out
of debt, he was there to knock her back down, emotionally, mentally. You're
only a bully up to a certain age. After that you're just an aggressive,
abusive person."
Officers with the Jefferson County Sheriff's Office said they were surprised
when they heard that the threats were common knowledge.
"I wish we'd known something about it," Sheriff Gary Hutchins said. "We
might not have been there to stop it, but maybe we could have done something
before it got that far."
Jefferson County officers alone have responded to 180 domestic dispute
calls since December of 2002.
Of those, 65 or 70 have resulted in some type of charge. Others were handled
by talking it out.
"It seems to be on the rise," Hutchins said. "And not just men against
women, but women beating up men, and parents children, and even sometimes,
children getting aggressive with their parents."
A lot of the time they say they find they are called to break up a fight,
but are then asked to get out of it.
"They just want us to stop it; they don't really want us to send their
family member to jail," Hutchins said. "But we have the power now to take
out a warrant against either or both parties we feel was the aggressor."
The sheriff said he would really like to catch these cases before they
get too far. He recommends anyone whose life is threatened contact either
law enforcement or some type of support system for the abused.
"Even if you don't have proof," he said, "just letting officers know so
they can fill out a report will help. Maybe a judge can send him to counseling,
something, anything to try to prevent it from going any further."
Linda Walker, a victim advocate with the Sunshine House, a local advocacy
center which works with victims of domestic abuse, says that education
is the answer.
"One big problem with domestic abuse, and officially that can be any abuse
between two people who have ever lived together is that nobody wants to
talk about it," Walker said. "Something has to be done about it before
it gets so bad that someone has to get x-rays."
"You can't know what's eating a person," Becky's mother said Monday, the
day after she had entered the shotgun blast- riddled house for the first
time. "He wasn't always like that. They had a beautiful wedding and they
were in love, once."
At some point he changed and it is impossible to say for sure when or
why.
"Deidra (their daughter) told me the other day that her father had been
dead a long time," Kirby said.
Over the last few months he had changed. He had tried to take Becky's
money, her sense of safety, her family, her self respect. But if he succeeded
in these at all, it was only for a little while. Throughout it all she
persevered, she took it and took it and did what she believed was right
and best for her children.
"She loved Deidra and Bryan, and her attention in recent times was turned
toward them," Kirby said at the funeral. "Becky never coddled them. She
knew love had to be tough in a tough world."
In the end her ex-husband had to know this. He must have realized that
with her recent promotion and the support of her family and friends, Becky
was doing better for herself and, in the end, he decided to take the last
thing from her he knew he could take.
"We have a wild rose blooming on the hills of home today," her mother
said last Tuesday, standing over her daughter's casket. "Becky is at peace
and not afraid anymore, safe in the arms of our loving Lord."
Search warrant
reveals reasons for investigation of coroner
Staff Writer
Issuance of the search warrants stemmed from an affidavit filed with Superior
Court on Sept. 17, based on a June 2 request from the Georgia Attorney
General’s Office that Georgia Bureau of Investigation (GBI) look into
the matter. Facts of the agency’s investigation, leading to the application
for the search warrants, “tend to establish probable cause that a crime
has been, or is being committed,” the application said. Potential violations
stemming from the ongoing investigation include theft by taking, false
statement and writings, concealment of facts and violation of oath by
a public officer. Copies of the search warrants and accompanying information
were obtained under the Georgia Open Records Law.
Documentation seized in the searches of Nelson’s residence and office
included two computers, 207 file folder(s) containing documentation relating
to deceased persons/coroner’s investigations, a 2001 invoice to the Jefferson
County commissioners, a hospice document, a file folder containing hospice
records and four death certificates. The search warrants contained a no-knock
provision at both locations, allowing agents to enter the property immediately
without knocking or giving verbal notice of their intent to enter.
Nelson declined to make a statement regarding the investigation.
Another area of inquiry involved included Nelson’s claim to local health
officials that “There were new procedures for handling deaths occurring
in nursing homes and emergency rooms” and that Nelson said “it was now
his responsibility to sign all death certificates because the attending
physician could no longer sign death certificates because they did not
know the circumstances surrounding each death,” the affidavit said. Health
officials told GBI agents Nelson never brought paperwork reflecting the
changes in policy, as they requested, according to the affidavit.
When contacted last week, Georgia Coroner’s Training Council Chairman
Edgar Perry said that while coroners do investigate deaths in emergency
rooms and nursing homes, he was not aware of any new policy that would
make all deaths coroner’s cases.
Also questioned was Nelson’s investigation into hospice cases. Agents
interviewed several persons whose family members died while in hospice
and “learned that the coroner had claimed to have initiated an investigation,
but had never contacted the families concerning his investigation or come
to the scene where the death occurred,” the report said. A check of county
records, agents said, revealed that the coroner or his deputy had been
paid the customary $125 death investigation fee for investigating several
deaths of people in hospice care. Hospice deaths do not fall under a coroner’s
jurisdiction unless according to Perry, foul play is suspected. The affidavit
said probable cause “exists to show that the coroner falsified documents
in order to receive payment from the county for investigations the coroner’s
office did not conduct.”
A September Open Records Law request made to the Jefferson County Commission
office in Louisville showed that a total of 304 deaths have been investigated
by the coroner’s office between the time Nelson took office Jan. 1, 2001
and August 2003. Jefferson County Health Department reports a total of
515 death certificates issued during the same period.
Coroners in Georgia are paid $125 per death investigation. Of the deaths
investigated, Nelson was paid $17,500 for the 140 deaths he investigated
since taking office. Deputy coroner Mike Bennett was paid $20,250 for
investigating 162 deaths and former deputy coroner Fay McGahee was paid
$250 for investigating two deaths.
County Administrator Paul Bryan said in September that the coroner receives
compensation for death investigations after submitting an itemized invoice
to the commission office. He said the coroner’s office is not a revenue-generating
center in the county budget and there is no provision within the budget
to accept revenue for charges for his services. The coroner and deputy
coroner receive a modest salary as required by law beginning in 2002.
They also receive a mileage reimbursement for travel to the site of death
investigations.
The state requires that either a coroner or a physician certify a death.
Funeral home directors may sign a death certificate but only as it relates
to the disposition of the body for purposes of burial or cremation.
Also required by the state and routed through local health departments
are the fees associated with death certificates. A $10 fee is charged
for a records search and one copy of the death certificate. Additional
copies carry a $5 fee.
A Georgia Open Records Law request was made with county clerk Mickey Jones
immediately after the Sept. 19 search warrants were executed. The request
was made in order to determine what parameters were used as the basis
of the search. Jones said he would provide notification as soon as the
warrants were returned to his office. He was contacted on at least three
other occasions in the following 10 weeks, where the importance of obtaining
copies of the warrants, unless sealed, was stated. On each occasion he
checked but determined that the warrants had not been returned to him.
The most recent request was made Dec. 3. The News and Farmer/The Jefferson
Reporter learned that an unsealed copy of the warrants was located in
the clerk’s office only after their existence was verified later on Dec.
3 by GBI. A return visit to the clerk’s office resulted in the warrants
being located by County Clerk Mickey Jones and a member of his office
staff.
Concerning the three-week period the documents were located in his office
without his knowledge, Jones said last week that he accepts responsibility
for any actions or inactions in the office of Clerk of Superior Court
of Jefferson County.
Thomson GBI spokesman Mike Siegler said Friday that the agency is still
in the process of gathering evidence related to the investigation.
The News and Farmer P.O. Box 487 Louisville, GA 30434
(478) 625-7722 or (706) 547-6629 - (478) 625-8816 fax
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Last modified: December 17, 2003