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Mother of murdered man continues crusade
against restaurant

Restaurant owner: "we are now totally compliant"


Photo courtesy Virginia Jerkins
21-year-old Richard Miles was gunned down in the parking lot of Midtown Sundries in August 2010.

BY JON MAYHEW
January 11, 2012 (Stanley) –
A Stanley mother’s grief over the loss of one of her sons in 2010 has turned into a crusade for Virginia “Ginny” Jerkins.

In August 2010, Jerkins son, 21-year-old Richard Miles – was gunned down in the parking lot of Midtown Sundries restaurant off Highway 73.

The grieving mother has turned her sights on the restaurant and the fact the restaurant opened with a temporary certificate of occupancy.


Photo courtesy Lincoln County Sheriff's Office
Jason Eastridge, 25, is accused of shooting Richard Miles in the face with a shotgun in the parking lot of the restaurant. Eastridge was arrested at his East Lincoln residence.

According to Jerkins, the restaurant is operating illegally and hasn’t had a temporary certificate of occupancy in almost three years.

“They are not supposed to be selling alcohol,” said Jerkins by phone Monday.

The Carolina Scoop confirmed through the Lincoln County Planning and Inspections Department county attorney Wes Deaton sent the owners of the restaurant a letter.

In the letter, the restaurant is given until today (Wednesday) to fix several code violations within the restaurant to obtain its certificate of occupancy.

Planning and Inspections director Kelly Adkins told “The Scoop” the only code violation was in the restaurant’s bathrooms.

“They have to replace the fixtures,” said Adkins.

Jason Eastridge has been in the Lincoln County Jail since his arrest in August 2010 on charges of First Degree Murder and Assault with a Deadly Weapon.

He is currently under bonds totaling $265,000 and has a next court date set for 2014.

Eastridge is accused of shooting Miles in the face after firing into a crowd of people. Jerkins said Eastridge was “so drunk and belligerent” over someone’s North Carolina Tar Heel tee-shirt.

“When I got there, my son was covered with blood and my other two sons had blood on them from trying to help (Richard),” said Jerkins, adding Eastridge fired 17 shots on the night of August 29, 2010. “I also blame Midtown Sundries and Lincoln County.”

Jerkins discovered the restaurant’s temporary certificate of occupancy ran out May 1, 2009.

“It ran out because of code violations like the bathroom countertops, which are too high,” said Jerkins. “There are other violations.”

Jerkins said she is trying to get the ABC license of the business pulled.

“When I went to the planning and inspections department, I asked why the restaurant was getting special treatment,” said Jerkins. “I was told the county attorney was handling the matter and that was five months ago.”

She said county officials have known about the issue since November 2010.

“Once your certificate of occupancy expires, the North Carolina state law says a restaurant has to start over,” said Jerkins. “The owners have to pull permits all over again.”

Jerkins said the fines for letting a temporary certificate of occupancy expire is a fine of a $100 per day. As of Tuesday, according to Jerkins, the owners of the restaurant owe Lincoln County $94,400.

“They have been operating for 944 days without a certificate of occupancy,” said Jerkins. “I miss my son and this never should have happened. I’m not going to stop.”

Ken Moore of Midtown Sundries said “there is no story” regarding the certificate of occupancy.

“We got our certificate of occupancy Tuesday morning,” said Moore by phone Tuesday night. “I never received a phone call or letter from the county.”

Moore said the State of North Carolina took three years to respond to Moore’s appeal. Moore said under the new state law, restaurant bathrooms need to have automatic (motion sensor or push button) faucets.

Moore added he did not get fined by the State of North Carolina regarding the lapsed temporary certificate of occupancy.

While Moore said Ginny Jerkins is “a bitter mother who wants someone to blame,” he apologized for the incident which Moore said happened after closing time.

“I’m terribly sorry for their loss, but myself nor Midtown didn’t have anything to do with (the murder),” said Moore.

“I don't understand the vandetta against my business because no matter what you do, you can't bring anybody back. We have 53 employees who are depending on this restaurant,” said Moore. "It was never our intention to be non-compliant. As of Tuesday we are totally compliant."

Midtown Sundries opened off of Highway 73 near Lowe's Hardware in Cottonwood Commons in September 2, 2008.

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