DA INVESTIGATES CITATIONS AGAINST WILLIE NELSON'S BAND MEMBERS

District Attorney Dewey Hudson says he wants to make sure last week's
moonshine and marijuana bust of Willie Nelson's band members was above board.

Longtime Nelson bass player Dan Edward "Bee" Spears, 60, of Franklin,
Tenn., and five other members of the band were cited with possession
of non-tax-paid alcohol. Two of them were also cited with marijuana possession.

The citations came just minutes before the band was set to take the
stage Jan. 28 at the Duplin County Events Center on Fairgrounds Drive
in Kenansville. The performance was subsequently canceled.

Hudson said he is investigating whether N.C. Alcohol Law Enforcement
agents applied selective prosecution in the situation.

"Selective prosecution is best described like this: Law enforcement
can't set up a road block and let their friends through without
checking them and then stop someone they don't know," Hudson said. He
has been looking over reports from the ALE agents present during the
incident and will more than likely interview the agent in charge.

The D.A.'s office has fielded several calls from Duplin County
residents and from people all over southeastern North Carolina
wanting to know why ALE agents charged Nelson's band members in
Kenansville when similar actions go unnoticed at other larger venues
across the state.

Grammy award-winning Nelson was not present in Kenansville when his
band members were cited. The 76-year-old strummer had yet to arrive
at the sold-out show.

Many in attendance that night said they felt the concert was canceled
because of the band members' bust. Hudson, who was at the events
center to see the show, said he understood everyone's frustration.

ALE agents allegedly smelled marijuana smoke coming from the band's
van in the parking lot of the event center and wrote citations to,
but did not take into custody, the band members, who were also not
prevented from performing, said Ted Carlton, special agent in charge
of ALE District III.

ALE is ready to cooperate with Hudson's investigation, he said.

Shortly after the concert was canceled, a notice on Nelson's Web site
said Nelson's left hand was in pain and he could not play. Nelson did
play the next night, Jan. 29, in Rome, Ga., but canceled a Jan. 30
show scheduled in Asheville. His Web site offered two reasons: first
saying his hand was in pain again and later saying the show was
canceled because of forecasted inclement weather.

Nelson's publicist, Elaine Schock, said Nelson's shows were canceled
because his left hand hurt. The right-handed guitar-picker had carpal
tunnel surgery on his left hand in 2004.

Schock would not discuss any other possible reason the two North
Carolina shows were canceled, despite Nelson playing his guitar
"Trigger" for a crowd of 3,000 in Georgia in between the canceled
shows in Kenansville and Asheville.

In addition to Spears, ALE agent Kenny Simma also cited Robert Allen
Lemons, 59, of Spicewood, Texas; Aaron William Foye, 32, of San
Marcos, Texas; and Thomas Ray Hawkins, 54, of Atlantic City, N.J. for
moonshine possession.

Kenneth Koepke, 52, of Burnet, Texas, and Dudley Bishop Prewitt, 59,
of Spicewood, Texas, were cited for moonshine and marijuana possession.

The events center general manager, John Duane Vogt, 58, and his
assistant, Donald Farrior, 50, both of Kenansville, were cited by ALE
agents for trying to interfere with their investigation.

Vogt told The Daily News on Friday that he did not get in the way.

"In no way, shape or form did I interfere," he said.

Vogt said the ALE's actions have severely damaged Kenansville's
businesses, which have been struggling to get visitors to come to the
rural town.

"I understand law enforcement was doing their job," he said. "I just
hope we can work out something where we can have a show without them
arresting 70-year-old men for drinking beer in the grass and busting
performers who don't even have enough marijuana to get arrested."

Hudson said Nelson's Nashville attorney, John Brown, has hired
Sampson County lawyer Doug Parsons to represent the band members in
court. Parsons has filed for discovery in the case, and the D.A.'s
office has already turned over some records to the defense, Hudson said.

The next scheduled court date in the case is March 10.