Possible assault at Conover council meeting could lead to charges

A Conover City Council member’s spouse denies assaulting someone during Monday night’s council meeting but city officials say five people saw the assault.

Coy Lee Hester, 58, of Morningside Drive, Conover, was taken by ambulance to Frye Regional Medical Center, where he was released on Tuesday.

Hester is medically disabled, say city officials.

Hester told police that Kenneth Rowe Herman, 71, of 7th Street Drive, NE, Conover, hit him in the back of his head with an open hand between the meeting invocation and the Pledge of Allegiance. Kenneth Herman is the husband of city council member Jan Herman.

No charges have been filed against Kenneth Herman but Hester filed an incident report with police. Hester did say he intended to swear out a warrant against Kenneth Herman Tuesday evening.

Conover Police Chief Steve Brewer was at the council meeting Monday night, standing in the back of the council chambers but said neither he nor a police captain at the meeting witnessed the alleged assault.

Brewer said Hester came to him right after the alleged incident and told him he had just been assaulted.

“Had I seen the assault take place I could have arrested then,” Brewer said.

Because no officer witnessed an assault, Hester would have to go to a magistrate’s office and swear out a warrant against the accused, Brewer said.

Whatever happened Monday night during the council meeting has apparently been brewing for at least a month.

Brewer said Hester made comments to the council at its January meeting about an action it had taken with which he didn’t agree. The comments were made near the end of the meeting when members of the public are allowed to take several minutes to comment on any topic.

“He was very professional, very courteous,” said Donald Duncan, city manager.

Brewer added, “He said nothing out of the way.”

Hester, who said he suffers from a rare blood disorder and fibromyalgia, said he is disabled and on a fixed income and he voiced his displeasure about the way landfill fees were imposed on residents. His prepared remarks were not aimed at any particular council member, he said.

Jan Herman and Hester talked after the January meeting. The tone of the exchange and what was said is in question, with both sides saying the other acted improperly.

But Kenneth Herman denied on Tuesday that he assaulted Hester, saying he didn’t touch him.

Jan Herman said she hates that Hester complains that he was hurt but she defended her husband. She said her husband is protective of her but as gentle as a lamb.

“He’s got a heart of gold,” she said. By way of example, she talked about how her husband has helped people who have lost their job and are renting a mobile home from them.

“He might have a loud voice but he doesn’t carry a big stick,” Herman said.

Jan Herman said she didn’t see anything occur between the two men Monday night, saying there was no ruckus and nobody in the council chamber knew what was going on.

But Brewer said five people witnessed an assault.

For Duncan, anything that interferes with civil discourse won’t be tolerated.

Duncan said every resident has the right to free speech and the right to fair and open government without fear of retribution.

Duncan said the city is consulting with the state’s Attorney General’s Office and the UNC School of Government about any actions it should take regarding the incident.

“I’ve never been in this situation,” Duncan said. “I have to figure out what we’re going to do.”

As of Tuesday evening, the city council had not taken any action against Kenneth Herman.