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Sheriff’s Department
Two Winston men arrested for assaulting officer during emergency call
Two Winston men have been arrested for assaulting a Daviess County deputy on June 17. The deputy had been dispatched to assist with an ambulance call for a possible heart attack victim.
James Mitch Caldwell, 26, was charged with assault on a law enforcement officer, class C felony, with bond set at $35,000. Derrick Franklin Caldwell, 21, was charged with assault on a law enforcement officer, class A misdemeanor, with bond set at $1,000.
According to the probable cause statement, the KAW First Responders were dispatched June 17 at 11:33 p.m. to 409 East Second Street in Winston for a possible heart attack. At 11:37 p.m., a KAW First Responder notified dispatch that a deputy was needed. Deputy Jason Sackrey arrived at 11:54 p.m. Two minutes later, Daviess County dispatcher Jackie Parker was advised by Jason Smith, paramedic, that more help was needed. Smith stated there are "at least four persons and only one deputy."
When Deputy Sackrey arrived, Smith told him that the subjects had become aggressive. When Deputy Sackrey made contact with the suspected heart attack victim, the victim’s sons, James Caldwell and Derrick Caldwell, became verbally aggressive toward Deputy Sackrey. James Caldwell came towards the deputy with a closed fist. Sackrey pushed Caldwell back and warned him to stay away. Caldwell then started swinging at the deputy, striking him on the left side of his face. Deputy Sackrey then struck Caldwell with his flashlight, and placed wrist restraints on him.
While Deputy Sackrey was restraining James Caldwell, Derrick Caldwell tried grabbing the deputy, was verbally abusive and threatened the deputy with closed fist. At that point, paramedic Smith and EMT/Reserve Deputy Doug Hamilton stepped between the two. Deputy Sackrey then placed wrist restraints on Derrick Caldwell. With assistance from Hamilton, Deputy Sackrey placed James Caldwell in the patrol car. Derrick Caldwell was then placed in the patrol car by paramedic Smith. Both James and Derrick Caldwell were spitting at the deputy and kicking at the radio and light equipment.
Sheriff Kevin Heldenbrand arrived after both subjects were placed in the patrol car. Sheriff Heldenbrand said the subjects told him they had been drinking. After the sheriff spoke with Deputy Sackrey, the deputy released the subjects from the patrol car and left. The sheriff later said that there had been a miscommunication between him and his deputy. The sheriff said that he did not tell Deputy Sackrey to release the subjects.
Warrants were issued for the two subjects on June 20. Both were arrested on June 21 and posted bond. They are scheduled for arraignment at 9 a.m. on July 9, 2007.
Jimmy Caldwell, the supposed heart attack victim, was not transported by the ambulance.
Agriasiano Davila, 20, St. Joseph, was arrested June 21 for failure to appear on a misdemeanor charge of driving while revoked. He posted $700 bond.
Rebecca Harper, 30, Norborne, was arrested June 20 for misdemeanor passing bad checks. She posted $250 bond.
Ira B. Clemons III, 23, Kansas City, was charged June 20 with failure to appear on an application to revoke probation. The original charge was misdemeanor possession of marijuana. He posted $1,500 bond.
County Commission
James Lewis, bridge supervisor, reported that repairs continue to be made.
A contract was executed with Select Services for the purpose of obtaining group health insurance with other counties.
Barney Esbeck met with the commission regarding BRO bridge construction projects.
Becky Simpson, Extension Council, met with the commission regarding the scheduling of extension trips and camps.
Kevin Heldenbrand, sheriff, met with the commission regarding budgets and training costs.
Bills were audited and paid.
Darryl Wilkinson met with the commission regarding the Lambert Building.
A representative from the Small Business Administration met with the commission with information regarding loans offered to businesses following the flooding in May.
Don Tolen, Jackson Township, met with the commission regarding damage to bridges in that township.
The commission did a final walk-through inspection with representatives of Lambert Manufacturing Corporation prior to their July 1st vacation of the building.
These are the approved minutes of June 18, 2007. All commissioners were present.
Associate Circuit Court
Defendants found guilty in the Associate Division of the Daviess County Circuit Court 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. These cases were heard by Judge Daren Adkins.
Driving while revoked: Amanda J. Hines, Kirksville, 10 days jail, $25 fine; Kirk D. Hullinger, Maysville, driving while revoked, $45.50.
Geri N. Perry, Kansas City, possession of marijuana, seven days jail, $25 fine.
Steve K. Crady, Newton, Iowa, possession of marijuana amended by prosecuting attorney to non-operating, two days jail (board bill paid by defendant), possession of drug paraphernalia, $150.
Shari L. Wells, Chillicothe, domestic assault, five days jail (board bill paid by defendant).
Joseph Swaney, King City, failure to drive on right half of roadway involving an accident, $28.50.
Jeffrey S. Shanks, Winston, possession of marijuana, suspended imposition of sentence, two years probation, 48 hours shock jail; possession of drug paraphernalia, suspended imposition of sentence, two years probation, 30 hours community service.
Otis J. Newton, Kansas City, Kan., no valid license, $150.
Teleza M. Daniels, Des Moines, Iowa, no valid license, $150; speeding, $88.50.
No valid license: Kaourou Cisse, Beardstown, Ill., $150; Jennifer L. Koenig, Trenton, six months jail, suspended execution of sentence, two years probation, 15 days shock jail (board bill paid by defendant).
Kyle D. Kraft, Trenton, driving while intoxicated, suspended imposition of sentence, two years probation, 24 hours shock jail.
Doris L. Berlet, Hartville, passing bad checks probation violation, probation revoked, previous sentence imposed, six months jail.
James T. Bolin, Trenton, passing bad checks, $25.
Ty Dustin Stanton, Sioux City, Iowa, criminal non-support, suspended imposition of sentence, two years probation.
The following case was heard by Judge Jason Kanoy:
Tyler D. Owens, Newton, possession of marijuana, 48 hours jail (board bill paid by defendant); possession of drug paraphernalia, $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 $951.50 for 19 tickets. The total fines assessed for defendants who reside in Missouri was $1,230.50 for 17 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:
Failure to register annually with DOR: David D. Karsten, Gallatin, $38.50; Yelena M. Aguiniga, Mercer, $38.
No seat belt: Bradley J. Leatherman, Gallatin, $10; Zachary D. McLaughlin, Independence, $10; William C. Roe, Cameron, $10; Eric J. Moore, Kansas City, $10; Jarrod J. Boehm, Gallatin, $10.
Speeding: Casie L. Howard, Kansas City, $58.50; Marlin K. Potter, Kirksville, $28.50; Joseph G. Slonecker, Trenton, $58.50.
Speeding amended by prosecuting attorney to defective brakes: Jonathan E. Oram, Gilman City, $143.50; Michael J. Taylor, Kansas City, $208; Michael L. Malone, Kansas City, $200.
Dean B. Jaggers, Kansas City, was fined $190 for speeding amended by prosecuting attorney to defective brakes and $10 for no seat belt.
Billy D. Eads, Galt, was fined $103.50 for following another vehicle too closely and $103.50 for no insurance.
Civil Court
Default judgments were entered for two breach of contract cases as follows: for LVNV Funding and against Carol A. Hailey; for Credit Acceptance Corporation and against Heidi Spears-Weeks.
A consent judgment for a suit on account was entered for Midwestern Health and against Timothy and Nanette Burge.
Circuit Court
In State of Missouri vs. Michael Venneman, heard June 18 by Judge Daren Adkins, the defendant plead guilty to robbery second degree, class C felony. The defendant waived the sentence assessment report and was sentenced to 10 years in the Department of Corrections, to run consecutively to any other sentence.
Law Day was conducted June 19 by Judge Warren McElwain. The following cases were heard:
David Dube had previously plead guilty on May 22 to unlawful use of a weapon, class D felony, and domestic assault 3rd degree, class A misdemeanor. He was sentenced to five years in the Department of Corrections on the felony charge. The court retains jurisdiction, with institutional treatment recommended. On the misdemeanor, he received 90 days shock incarceration with credit for time served.
Brian King plead guilty to passing bad checks, class C felony, based on a plea agreement. A sentence assessment report was ordered by the court.
A jury trial was scheduled for John T. Malik on Sept. 14, 2007, on charges of unlawful possession of a concealable firearm, class C felony, receiving stolen property, class C felony, and possession of marijuana, class A misdemeanor.
Jeffrey S. Shanks plead guilty to driving without a valid license, class D felony. Two counts were dismissed. A sentence assessment report was ordered.
Joseph J. Taub had previously plead guilty to possession of a controlled substance, class C felony, on March 20. He received a suspended imposition of sentence and was placed on five years probation with a special condition of serving 15 days shock time, with credit for time served.
Roy Lee Maney received a suspended imposition of sentence and five years probation for possession of controlled substance, class C felony. He also received 15 days shock time, with credit for time served.
David L. Rainey plead guilty to three counts of non-support, class D felony, based on a plea agreement. The sentence assessment report was waived, and the defendant received a suspended imposition of sentence and five years probation on each count.
Christopher S. Gray admitted probation violations on felony charges of non-support. His probation was revoked, and he was sentenced to four years in the Department of Corrections, execution of sentence suspended. He was placed on five years probation.
Charles W. Gray plead guilty to two counts of non-support, class D felony, based on a plea agreement. The defendant waived the sentence assessment report, received a suspended imposition of sentence, and was placed on five years probation for each count.
Damion M. Jackson was sentenced to four years in the Department of Corrections for possession of a controlled substance, class C felony, based on a plea agreement. He had plead guilty on May 10.
A warrant was issued for Damien O. Head for failure to appear on misdemeanor charges of possession of marijuana and unlawful use of paraphernalia, and a felony charge of operating vehicle without valid license 3rd and subsequent offense. Bond was set at $50,000 cash only.
Billy J. Kinnard admitted probation violations. His probation was revoked and he was committed to the custody of the State Department of Corrections to serve his previously imposed sentence of three years for the class C felony of driving while revoked. The court retains jurisdiction and recommends institutional treatment.
Phillip E. Moorhead admitted probation violations. Probation was continued with an additional conditions, on a charge of possession of controlled substance with intent to deliver, class B felony.
Raymond F. Morris admitted probation violations for operating vehicle without valid license – 3rd and subsequent offense, class D felony. Probation was continued with an additional condition of serving 22 days of shock time, with credit for time served.
Russell J. Linthicum II had plead guilty Feb. 20 to statutory sodomy second degree, class C felony. He was sentenced to five years in the Department of Corrections, execution of sentence suspended. He was placed on five years probation pursuant to special conditions of probation including sexual offender treatment evaluation, defendant not to be in present of minor children without supervision, and 120 days shock probation with credit for time served.
A jury trial was set for Jeremy T. Ripple on a charge of child molestation first degree, class B felony. The trial is set for Nov. 29-30. Bond was continued.
A warrant for Betsy Young-Jo Bonin was issued for failure to appear on charges of possession of controlled substance, class C felony, and two counts of unlawful use of paraphernalia, class A misdemeanor. Bond was set at $50,000, cash only.
In State vs. Timothy Bowers, the cause was transferred to the Supreme Court for reassignment of a new judge for a probation violation hearing. The charge is possession of controlled substance, class C felony.
Land Transfers
Warranty Deeds
Tract in Union Township from Lisa and Pat Monaghan to Elizabeth A. Chipman; tract in Grand River Township from James and Peggy Jincks to Jo Dee Austin; lots in Coffey from Bill Lewis to John and Shelly Dorton; Lake Viking lots #2400 and #2402 from Janet Perry to Bridgett Robbins; tract in Benton Township, an undivided 1/2 interest, from Thomas E. Trussell to Thomas E. Trussell as trustee of the Thomas E. Trussell Trust; Lake Viking lot #3121-E from Eva Mary Wilt to Janet Perry; Lake Viking lot #464 from Kevin and Lisa Lilly to Steven and Sheila Puckett; lot and partial lots in Gallatin from Larry and Lesli Lin to James and Cindy O’Rourke; Lake Viking lot #1772 from Kyle and Loa Parkhurst to Sammie Edwards; Lake Viking lot #1875 from Robert and Jami Brown to Eric and Laura Elder; Lake Viking lots #2702 and #2703 from William and Shelley Robison to Gerald Peterson.
Beneficiary Deeds
Lots in Winston from Charles Michael Moore to Anita Maichell King and CaSandra Lanea King as joint tenants with right of survivorship.
Quit Claim Deeds
Lake Viking lot #1755 from Mary Plack to Donald and Janice Porter; Lake Viking lot #1689 from James and Veronica Marcum to Steven and Sheila Puckett.