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Copter pilot lays blame at sheriff, bank's feet
by Brian J. Slattery, Wake Weekly Staff Writer
The pilot of a Franklin County sheriff's helicopter that crashed last year, killing a deputy, is putting responsibility for what's being called a fraudulently obtained loan back onto the bank.
In court documents filed last week, former deputy Ben Barrick defended himself and his business, Netstar Air Rescue, Inc., from fraud claims made by Citizen's Bank of Elizabethton, Tenn. The bank is suing Barrick and Franklin County Sheriff Jerry Jones, saying they defrauded the bank to procure a loan for the helicopter that crashed in May 2004. Barrick's response to the bank's lawsuit claims the suit in North Carolina should be dismissed since the bank also sued in Tennessee and that if the bank had done its homework, it wouldn't have approved the loan in the first place. Jones, Deputy Ted Horton and Barrick brought the helicopter into the county through Netstar Air Rescue, Inc., with plans to set up service for drug eradication programs for sheriffs' departments in an 11-county area. County officials discovered the program after the helicopter was in service. They met with Jones to tell him to stop all use of the helicopter. But the sheriff's office continued its use. Following the accident, Citizen's Bank, who loaned Barrick and Jones $81,000 to purchase the helicopter, filed suit alleging the three conspired and defrauded the bank to secure the aircraft, and are suing for damages. The Sheriff's Department and Franklin County were named codefendants. County administration claims that the program had not been vetted through the county were upheld when Superior Court Judge Ken Titus dismissed all claims against the county on Aug 1. County commissioners continue to pursue a lawsuit against Jones for any monetary damages the county might incur. In the response to charges claimed in the Citizen's Bank lawsuit, Jones' representative directed blame towards former deputy Barrick and Citizen's Bank for its own negligence. The response from Barrick includes 14 defenses including his contention that he is entitled to credit for payments that have been made on the promissory note. He also says governmental and public officer immunity should bar some or all of the plaintiff's claims. Barrick, like reps for Jones, claims Citizen's Bank was negligent in not ensuring the helicopter's purchase was approved by the county prior to making the loan and that their acts or omissions should bar any recovery. The response claims Citizen's Bank had enough information and the proper documents to determine the helicopter hadn't been approved by county officials and it failed to determine all necessary facts before loaning the money. Barrick claims the bank's actions should bar any recovery. Additionally, the document said the acts of Jones and the Franklin County Sheriff's Office supersede causes for any damages from Barrick, who relied upon information supplied by the sheriff. The claim says because Barrick expected the documents to be true and accurate and since they were not, he has no responsibility for false information. Also, because the bank isn't licensed and doesn't do business in North Carolina, the complaint should be dismissed. Lastly, Barrick claims no personal liability as he signed all documents as the president of Netstar Air Rescue, Inc. The official response from Netstar Air Rescue, Inc. to the Citizen's Bank complaint mirrors Barrick's answer. It includes 11 defenses repeating the claims in Barrick's individual response. In both responses, Barrick asks that the complaint be dismissed, that the plaintiff recover nothing from him, that costs be taxed to Citizen's Bank and he requests a trial by jury.
Last Updated On: August 25, 2005
Copyright 2005 The Wake Weekly