Daviess County Courthouse News (1/17/07)

 Circuit Court

Law Day was conducted Jan. 16 by Judge Warren McElwain.

Brandon Anderson of Pattonsburg entered a guilty plea to second degree murder, class A felony, and kidnaping, class B felony, for his participation in the Aug. 3, 2004, kidnaping and murder of Steven Lawrence Jr. near Pattonsburg.

The guilty plea is based on a plea agreement between the state and defendant. Anderson had originally been charged with first degree murder. By agreeing to plead guilty to the lesser charge, Anderson could face imprisonment of from 10 to 30 years or life imprisonment on the murder charge and from five to 15 years on the kidnaping charge. The judge ordered a sentence assessment report. No date for sentencing has been set.

Another defendant in the crime, Kevin Harmon of Pattonsburg, has been sentenced to life without parole. A Clinton County jury convicted Harmon of first degree murder on Feb. 22, 2006, returning the verdict in only three hours.

In State vs. Elbert L. Fry, the motion for a change of judge was granted. The case will be heard by Judge Stephen Griffin. Bond was continued. Fry is charged with two counts of child molestation first degree, class B felony.

Additional cases from the Jan. 16 Law Day will be reported in next week’s newspaper.

Criminal cases filed: State of Missouri vs. Roger Wendell Whitney, Brimson, DWI-persistent offender, class D felony, DWI-alcohol, class B misdemeanor, operate vehicle while revoked, class A misdemeanor; State vs. Robert Danner, Gallatin, forgery, class C felony; felony forcible rape; assault third degree, class A misdemeanor.

Civil cases filed: Brenda and Dennis Berger vs. Stitt, Wood Sand & Construction, quiet title.

County Commission

James Lewis, bridge supervisor, reported that tube and culvert replacements continue.

The owner of Cass Signs met with the commission regarding the relettering of offices as needed.

The commission reviewed the bids for lawn care for 2007. The vote was unanimous to contract with the local business, Noel’s Nursery and Landscaping, for lawn management.

The commission reviewed brush control records, making notes of progress by landowners.

Judy Bowman, DNR ombudsman, met with the commission for introductory purposes.

The clerk reported that Lambert’s Manufacturing has paid their lease agreement through June 2007.

The vote was unanimous to present to the voters at the municipal election in April the proposal of voting for or against a property tax of $0.05 per $100 valuation to support senior citizens centers.

The commission discussed the road and bridge budget.

Becky Simpson, Extension Council, met with the commission regarding council matters.

The commission inspected several offices in the courthouse to determine the renovations needed in 2007. They later inspected brush control problems in Benton Township.

These are the approved minutes of Jan. 8, 2007. All commissioners were present.

Oaths of office were given to Annie Gibson, prosecuting attorney, and Lance Critten, presiding commissioner, on Dec. 29, 2006.

Associate Circuit Court

Defendants found guilty in the Associate Division of the Circuit Court of Daviess County are listed below with the offense and fine assessed. Additionally, court costs collected for the State of Missouri amount to $66.50 for moving traffic violations and $114.50 in most criminal cases.

Lea Yang, Fonddulac, Wis., tampering with motor vehicle, 20 days jail, $25 fine; resisting arrest, 30 days jail, $25 fine.

Alan D. Sorensen, Norman, Okla., no valid license, $150.

David A. Brice, Independence, peace disturbance, $250, suspended execution of sentence, one year probation, one day shock time.

Clyde D. Horn, Breckenridge, minor in possession of liquor (second offense), two days jail (board bill paid by defendant).

Joseph B. Warlick, St. Charles, possession of marijuana, suspended imposition of sentence, two years probation, two days shock jail time (board bill paid by defendant); possession of paraphernalia, suspended imposition of sentence, two years probation, 30 hours community service; vision reducing material $28.50.

Jon C. Gundy, Princeton, possession of marijuana, five days jail (board bill paid by defendant).

Michael E. Hayworth, Sedalia, failure to tag deer, $100.

Jesse W. Bowe, Easton, driving while intoxicated (prior offender), $1000, ignition interlock order pursuant to binding agreement with prosecuting attorney.

John A. McAtee, Trenton, passing bad checks, $50.

John H. Hostetler, Jamesport, driving while revoked amended by prosecuting attorney to no valid license, 10 days jail (board bill paid by defendant).

Phillip E. Griffin, Topeka, Kan., no valid license, $150.

Richard R. Swetnam, Liberty, driving while intoxicated, suspended imposition of sentence, two years probation supervised; careless and imprudent driving amended by prosecuting attorney to defective equipment, $133.50.

Paul C. Logie, St. Louis, possession of drug paraphernalia, $150.

William A. Stoneburner, Bethany, no valid license, $150; speeding in construction $93.50.

Paula J. Peterson, Mercer, no valid license (prior offender), 30 days jail, suspended execution of sentence, two years probation, 30 hours community service.

Tyler V. McKibben, Trenton, careless and imprudent driving, suspended imposition of sentence, two years probation, 15 hours community service.

Carl E. Holcomb Jr., Gallatin, passing bad checks, two days jail (board bill paid by defendant); failed to register, $28.50.

Christine A. Lofgren, Overland Park, Kan., no valid license, five days jail, (board bill paid by defendant).

Andrea B. Gibson, Gallatin, failure to yield to approaching vehicle amended by special prosecuting attorney to failed to equip vehicle with adequate brakes, $150.

Traffic Fines

The following are traffic cases which were heard in the Associate Division of the Circuit Court of Daviess County involving a plea of guilty without contest and payment by mail of the standard fine plus court costs. The total fines assessed for defendants who reside outside of Missouri was $2,270.50 for 36 tickets. The total fines assessed for defendants who reside in Missouri was $1,526.50 for 22 cases. Court costs collected for the State of Missouri amount to $56.50 for moving traffic violations. Missouri defendants, offenses and fines are listed below:

Speeding: Christine E. Moulton, Gallatin, $28.50; Beverly J. Shaul, Coffey, $58.50; Jennifer J. Wibben, N. Kansas City, $58.50; Joshua D. Townsend, Joplin, $58.50; Bradley T. Moeller, Independence, $28.50; Kayryn S. Hein, Spickard, $28.50; Hae K. Jung, Whiteman, $28.50; Richard E. Tunnell, Trenton, $148.50; Lisa D. Pryor, Kansas City, $28.50.

Speeding amended by prosecuting attorney to defective brakes: Kelly R. Cornett, Pattonsburg, $143.50; Justin S. Poling, Lawson, $143.50; Jacob A. Gienapp, Altamont, $143.50; Brian J. Adkison, Hamilton, $143.50.

Vision reducing material: Lucas G. Allison, Liberty, $28.50.

No insurance: Alexandra Mefford, Trenton, $103.50; Terri D. Luther, Jameson, $103.50.

No seat belt: Erika A. Owens, St. Louis, $10; Jeremy M. Horner, Springfield, $10.

Failure to display valid plates: Zachary J. Garcia, Gladstone, $18.50.

Cody D. Smith, Ridgeway, was fined $58.50 for speeding and $10 for no seat belt.

Failed to drive on right half of roadway amended by prosecuting attorney to defective brakes: Jerusha N. Seib, Jamesport, $143.50.

 Civil Court

Default judgments for the plaintiff were entered in the following cases: General Motors Accept. Corp. vs. Angel M. Walker; Worldwide Asset vs. Camellia Roberts; Forsyth Financial Group LLC vs. Bonnie Albrecht.

Wells Fargo Bank vs. Michael and Theresa Hogan was dismissed with prejudice by the court.

Sheriff’s Department

Robert Bruyer, 33, Cameron, was arrested Jan. 12 on probation violations for the class D felony of no valid license – third offense. He posted $25,000 bond.

Chad R. Wormsley, 19, Polo, was charged Jan. 12 with misdemeanor DWI. He posted $1,000 bond.

 Land Transfers

Warranty Deeds

Tract in Grand River Township, undivided three percent interest, from Wilbur Sullenger, trustee of the Wilbur C. Sullenger revocable trust, to John W. Sullenger and Pamela M. McNeel, trustee of the Pamela M. McNeel revocable trust; tract in Sheridan Township from Barbara and Dennis Lee to Gilbert and Carolyn Thornton; block in Lock Springs from Marvin and Becky Yoder and Rachel and Joel Smith to Matthew R. Larkin; tract in Union Township from Ezekuiel Handley and George Handley III to Justin Harlow; tract in Jackson Township from Edward and Verna Schrock to LeRoy and Sara Schrock; Lake Viking lots #373 and 374 from John Theilen to Theilen Family LLC.

Beneficiary Deeds

Lake Viking lot #1207 from Mark and Vicki Hoig to William and Iona Fuchs.