Brooks has his first appearance in court

Duane Edgar “Dewey” Brooks now has a court date set for July 12 for a probable cause hearing in Alleghany County District Court.

Brooks appeared in court on Tuesday and received a continuance until that date, said Capt. Steve Cothren with the Alleghany County Sheriff’s Department. He is still being held at the Alleghany County Jail without bond after being charged with first degree murder in the May 10 death of his son, 31-year-old Benjamin Howard Hartman. Hartman was living in Spencerville, Ohio with other family members until he came to Brooks’ home in November 2004. Hartman had taken the last name of his stepfather.

Brooks is alleged to have killed and buried his son on a piece of property on which both men lived at 1040 White Pine Rd. That small, unpaved rural road connects to Jarvis Road, which connects to N.C. 18 north of Sparta.

According to information provided by Sheriff Mike Caudill, Brooks told authorities that he killed his son in self defense.

Caudill said Brooks reported that his son threatened him with an AK 47, leading him to shoot him with a .32 caliber pistol he had in his pickup. Brooks told authorities that his son then went into his camper, which served as his residence, to attempt to get another rifle when he shot him again, killing him.

Investigating officer Capt. Carlton Edwards said last week that inconsistencies in the evidence and Brooks’ story led to the charges being filed. He declined to specify specifically how the story was inaccurate.

Also assisting in the investigation was the N.C. State Bureau of Investigations.

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