THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Saturday, June 3, 1995 TAG: 9506030288
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY JON GLASS, STAFF WRITER
DATELINE: NORFOLK LENGTH: Long : 113 lines
In court complaints reminiscent of a schoolhouse brawl, School Board member Robert L. Hicks Sr. and a Norfolk resident have lodged assault and battery charges against each other in connection with a fight last month over Hicks' driving.
Complaints filed in General District Court by Hicks, 57, and John F. Ramey, 54, present starkly different accounts of who was the aggressor in the skirmish May 11. But both say in written statements that they threw punches at each other.
Ramey also accused Hicks' son, Clifton Hicks, 24, of brandishing a gun and threatening to kill him - a claim that Robert and Clifton Hicks ``adamantly deny,'' said the Hicks' attorney, Jon M. Babineau.
Hicks and Ramey did not know each other before the encounter, Babineau said.
A hearing has been scheduled for July 6.
The fracas has prompted one City Council member to question Hicks' suitability to continue serving on the School Board, whose members are appointed by the council.
Hicks, who operates an accounting firm, is up for reappointment to another two-year term this month. Vice Mayor Paul Riddick said Thursday that Hicks should resign.
``To get involved in an altercation like this is not acceptable,'' Riddick said. ``Schoolchildren are sent home every day because we do not tolerate behavior of this kind in the classroom. He certainly could have walked away from that.''
However, City Councilman Randy Wright, a friend of Hicks, urged against a rush to judgment.
``I would just want to see how it's handled from a legal determination,'' Wright said. ``If it's determined that he's done something wrong, then come back and ask and I can give you an answer.''
Hicks, who served on the School Board previously, from 1981 to 1987, was reappointed in 1993 to a two-year term by unanimous vote, including Riddick's.
Hicks' current term expires June 30. State law requires that school board appointments be made before the deadline, meaning a decision must be made before Hicks' scheduled court appearance.
Hicks referred questions to his attorney. Babineau said Hicks ``has no intention of resigning.''
``He's been a dedicated member of the Norfolk School Board and has worked hard to ensure that Norfolk has the best school board in the state,'' Babineau said. ``He has always done a responsible job representing the school board.''
Based on court complaints filed by Hicks and Ramey, Hicks was in his car approaching Dominion Avenue and Nancy Drive, not far from his home in the North Camellia Gardens area of Norfolk, when the incident occurred.
Ramey, who was walking at the intersection, claimed that Hicks almost ran over him.
Both men say there was an exchange of words, but they disagree on what happened as the encounter escalated from verbal to physical.
Hicks claims punches were thrown after Ramey pushed him as he stepped from his car. Ramey claims Hicks struck him first.
Court records indicate Hicks is 6 feet tall and weighs 280 pounds, while Ramey is 5 feet, 10 inches tall and weighs 250 pounds. Babineau said Hicks suffered from a ``bad leg'' and sometimes uses a cane.
According to court records, Hicks left the scene and returned moments later with his son, Clifton. Ramey said that is when Clifton Hicks threatened him with a gun. Clifton Hicks said in his statement that they returned to the scene to get Ramey's name to file an assault and battery complaint against him.
Babineau said Hicks was ``simply defending himself'' and that ``he couldn't walk away from it.''
Ramey referred calls to his attorney, Robert Epstein. Epstein denied that his client was the aggressor. ``We're going to stand on the warrant,'' he said. THE COMPLAINTS
Below are the misdemeanor criminal complaints of assault and battery filed May 12 in General District Court by John F. Ramey against Norfolk School Board member Robert L. Hicks Sr. and Hicks' son, Clifton, and the countercharges by the Hickses against Ramey.
The complaint by John F. Ramey
I was walking on Dominion Avenue at Nancy Drive when a car driven by Robert Hicks Sr. almost hit me. I had to run out of the street. I shouted to Mr. Hicks, ``Are you crazy?'' At that point, he stopped his car and got out of his car and said something and approached me and struck me in the face. I defended myself by striking back at him and tackling him. I was in fear of this man and what he might do. He was a very large man. I stopped and offered to shake his hand and call a truce to this attack on me. He replied, ``No, this is not over.'' I left and continued to walk, thinking it was over. Within two minutes, or maybe three, he returned, bringing Clifton Hicks with him. They jumped out of the car and grabbed me to hold me and then attacked me. Robert Sr. was swinging and hitting me. Then they switched positions, and Clifton was hitting me. Clifton had a gun and said he was going to kill me. A witness . . 911.''
The complaint by Robert Hicks
When approaching the intersection of Dominion and Nancy, he (Ramey) did not like the manner in which I stopped my car. We had a verbal exchange. He advanced on my car and I tried to get out of the car. He grabbed the door by the upper edge. I had to push to get out whereupon he pushed with both hands on my chest, forcing me to the body of the car. Both of us threw punches, tripping on the curb and falling to the ground, he on top of me. He backed me across the street from my car, ripping my shirt and breaking my glasses, and sticking his finger in my eye which required emergency room treatment.''
The complaint by Clifton Hicks
We stopped to get Mr. Ramey's name in order to swear out a complaint. He again began to assault my father, who is physically handicapped. I got out of the car and stopped the attack. Once he stopped attacking my father, I stopped also. During the tussel (sic), he (Ramey) hit me, attempted to strangle me and ripped my dress shirt and tried to rip off my tie.'' by CNB