A three-member panel has ruled that District Attorney Michael Parker is a resident of Richmond County and is eligible to run for office in the May primary.

The unanimous decision released Thursday, March 18, came from representatives from the three counties Parker represents— Anson, Richmond and Stanly.

The five-page decision consists of 18 findings of fact by the panel, including Parker’s property holdings in Richmond and Moore counties, corroborating evidence of Parker’s testimony that his primary residence is in Marston and that an investigation into his status as a Richmond County resident was conducted by the Richmond County Sheriff’s Office from December 2009 to January 2010.

“The challenger contends that Mr. Parker has not abandoned residency in Moore County at the Terrace Ridge Farm,” the order reads.

“The preponderance of the evidence further shows that Mr. Parker acquired a new domicile at (Marston) in 2004 and actually resides at that place at the present time,” it continues. “Mr. Parker has shown by a preponderance of the evidence that he intends to make his domicile at (Marston) a permanent domicile.”

The decision also states an investigative log of Parker’s comings and goings in Marston, and the testimony of his neighbors, which went along with his contention that he spends weekdays in Marston and weekends in Moore County.

The decision also acknowledges Parker’s testimony that his wife and two sons spend the majority of their time on the family farm in Moore County, but he considers it a secondary residence.

The challenge to Parker’s candidacy was first filed by Lilesville resident Faye Gathings at the Anson County Board of Elections on Feb. 25.

Parker testified at the hearing that he has been a resident of Richmond County since “about 2001,” and has lived in Marston since 2004.

Gathings and her attorney, Terry Garner, considered appealing the decision but on Friday, announced that they would not appeal.

Gathings also addressed allegations Richmond County Sheriff Dale Furr was behind the challenge by saying “they had nothing to do with it.”

Garner issued his own statement following the decision. In it he said that while he and his client “strongly disagree” with the decision, there would be no appeal. “We are disappointed in the decision of the panel that heard Mrs. Gathings’ challenge to Mike Parker’s residency,” Garner wrote. “In reviewing the decision, we cannot understand how the panel could find that Mr. Parker has abandoned his Moore County residence when his family still lives up there.”

Garner pointed out that while Parker’s wife home schools their children in Moore County, he himself maintains a 50-acre hay farm near Vass and attends church services there.

“His water use records in Richmond County indicate that he uses only 12 to 15 percent of the amount of water that a family of four would ordinarily use,” Garner continued. “His Moore County home is far larger than the house he maintains in Richmond County. His family has spent almost no time in Richmond County in the last two years.”

He also said the issue of Anson County Sheriff’s Office Lt. Fred Paxton serving on the panel gives him great concern, but he doesn’t believe he would be able to raise that issue on appeal because of state law.

According to his statement, Parker offered to release the photographs of him and Paxton to the state under seal, but Garner refused to sign a nondisclosure statement because he feels they should be public record.

“I repeatedly requested that the panel be reconvened to determine the facts, but all such requests were denied,” Garner wrote.

Due to his belief the issue couldn’t be brought up on appeal, Garner said he and his client will leave the matter to the voters to decide.

“Mrs. Gathings and I have thoroughly discussed the appeal, and we have decided not to pursue any appeal, but rather, to leave the issues of Mr. Parker’s residency, Mr. Paxton’s conflict of interest and Mr. Parker’s and Mr. Paxton’s failure to reveal that conflict to the voters,” Garner said. “If there are photographs of Mr. Paxton and Mr. Parker at Mr. Parker’s fundraising event, we renew our request that the photographs be released to the public, for the voters to judge.”

In a phone conversation Thursday, Gathings addressed accusations against Furr related to the case.

“(The sheriff’s office) had nothing to do with this, and I hated to hear that was being said,” Gathings said.

Gathings said she approached Chief Deputy Phil Sweatt about any investigative materials the department had before filing her challenge, because she’d heard rumors that Parker’s residency was in question for years.

“He told me that they couldn’t release any materials to me unless they were subpoenaed,” Gathings said.

She said the loss of the challenge hasn’t made her give up on her life’s goal for the moment, though.

“My goal continues to be to see someone other than Michael Parker as the district attorney,” she said.

Gathings' opposition to Parker began when her son Brian was killed on Dec. 1, 2004.

Parker ruled Gathings’ death a justifiable homicide due to evidence that he was breaking into the home of Joy Burgess when she shot and killed him.

Parker said in a press release last month that Burgess had a restraining order against Gathings at the time of the shooting.

Faye Gathings contends there was no history of domestic violence between the two, and has called for the State Bureau of Investigation to reopen the case.

She previously attempted to obtain a vote of no confidence in Parker through public petition, and filed her most recent challenge after a law was enacted in January of 2007 allowing citizens to challenge a candidate’s eligibility to hold a public office.

She said she will continue to oppose Parker in any way she can.

“I have always been proud to be a resident of Richmond County and District Attorney for District 20A,” Parker said in a released statement. "I want to thank all the people who stood by my family during this time. You have been a blessing to us.”

Parker was appointed to the vacant office of North Carolina Prosecutorial District 20A District Attorney by the Easley Administration in 2004, then was elected to a full term in 2006.

He is seeking another four years as the lead prosecutor in Richmond, Anson and Stanly counties in 2010.