Daviess County Courthouse News (8-1-07)

County Commission

James Lewis, bridge supervisor, met with the commission reporting that repairs continue to be made.

Bills were audited and paid.

Carl Hullinger met with the commission reporting brush on 122^nd Street in Section 21, Jefferson Township.

Commissioners inspected roads in Jefferson, Washington, and Grand River Township. A brush letter will be sent to the owners in Jefferson Township. The county will mow around the bridges in Washington and Grand River.

Commissioners inspected the ongoing work at the Lambert building.

The commissioners attended the town hall meeting at city hall with the director of the Department of Natural Resources.

The commissioners attended a meeting July 17 at Chillicothe with the Department of Transportation Commission.

Bob Burnett and Jack Kruse met with the commission regarding BRO project No. 29.

Lance Critten talked with Gary Dixon of PWSD #4 and the commission has agreed to pay for two loads of riprap for their lines that were damaged while a tube was being replaced.

These are the approved minutes of July 23, 2007. All commissioners were present.

Sheriff’s Department

John M. Rupp, 36, Savannah, was charged July 25 with escape from confinement, class D felony, as well as felony charges of resisting arrest and tampering with a motor vehicle first degree. He is being held on $100,000 bond. He had escaped from the Daviess-DeKalb Regional Jail on July 23, and was captured on July 24.

Charles Roberts, 53, and Melody Roberts, 55, Cameron, were arrested July 27, each on two felony charges, possession of controlled substance and possession with intent to distribute, and a misdemeanor, unlawful use of paraphernalia. They each posted $50,000 bond.

Brian J. Habelitz and Vernon T. Whelchel, both of Gallatin, have each been charged with property damage first degree, class D felony, as well as misdemeanor theft/stealing and property damage second degree. Habelitz was also charged with misdemeanor resisting arrest. The charges are in connection with an incident which occurred July 29 on East Berry Street in Gallatin, involving damage to a 1972 Pontiac, and the theft of and damage to a yard statue. Whelchel is still at large.

George Delarber, 36, Jameson, was arrested July 26 for three felonies, domestic assault second degree, resisting arrest, assault on a law enforcement officer, and two misdemeanors, possession of marijuana, and unlawful use of paraphernalia. He is being held on $50,000 bond.

Laura Flores, 21, Houston, Texas, was charged July 29 with failure to appear on a felony charge of possession of controlled substance. She is being held on $70,000 bond.

Brian Mahan, 27, Cedar Falls, Iowa, was charged with probation violations July 28 on an original felony charge of possession of controlled substance. He is being held on $25,000 bond.

Charles Anderson, 32, New Virginia, Iowa, was arrested July 24 on a felony charge of DWI-persistent offender. He is being held on $15,000 bond.

Amelia Howery, 28, Hamilton was arrested July 26 on felony non-support charges. She posted $10,000 bond.

Victor Hamilton, 29, Kansas City, was charged July 25 with failure to appear on a misdemeanor charge of driving while revoked. He is being held on $2,000 bond.

John Kolega, 56, St. Joseph, was charged July 29 with misdemeanor DWI. He was processed and released after 24 hours.

Sheila Johnson, 51, Jamesport, was charged July 28 with misdemeanor DWI. She was processed and released after 12-hour detoxification.

Steve Johnson, 33, Leon, Iowa, was arrested July 28 on a misdemeanor charge of interfering with arrest. He was processed and released after 24 hours.

Adnan Tabokovic, 19, St. Louis, was arrested July 30 for misdemeanor speeding and no valid license. He is being held on $650 bond.

Tyler Cracraft, 24, Bethany was arrested July 27 on a Harrison County traffic violation warrant. He posted $60 bond.

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.

James C. Guy, Bethany, no valid license-probation violation, probation revoked, six months jail.

Michael J. Persinger, Gallatin, driving while revoked amended by prosecuting attorney to no valid license, $150; no insurance, suspended imposition of sentence, one year probation, 30 hours community service.

Jayson A. Huskey, Jamesport, no insurance-probation violation, probation continued with added condition to not trap or possess trapper’s license for the 2007-2008 season; possess/hold a live furbearer, $100.

Kelly B. Parker, Jameson, leaving the scene of an accident amended to class A misdemeanor leaving the scene of motor vehicle accident, 46 days jail.

Daniel E. Gordon, Turney, resisting arrest, three days jail; speeding 105 in 70 mph zone, two days jail, $250 fine; failure to yield to emergency vehicle, three days jail (board bill paid by defendant).

Jerry D. McCollum, Kansas City, driving while revoked amended by prosecuting attorney to no valid license, 10 days jail (board bill paid by defendant); speeding, $28.50.

Jason L. Baxter-Blakely, Des Moines, Iowa, possession of marijuana, two days jail (board bill paid by defendant), abuse and lose order; possession of paraphernalia, $150; speeding, $118.50.

Rebecca A. Harper, Norborne, passing bad checks, $25.

John J. Moreno, Gallatin, littering, suspended imposition of sentence, two years probation, 30 hours community service.

Randy J. Gilstrap, Newtown, driving while revoked, 10 days jail (board bill paid by defendant); no seat belt, $10.

Cassandra P. Kelley, Independence, minor in possession of liquor, suspended imposition of sentence, two years probation, 30 hours community service.

Etson F. Gallen, Gladstone, no valid license, $150.

Nicholas L. Ethridge, Independence, minor in possession of liquor, suspended imposition of sentence, two years probation, 30 hours community service.

Joseph C. Slonecker, Trenton, speeding, $200.

Municipal Division

Court costs for moving violation $32.50; non-moving $29.50.

Dog at large: Cheryl L. Dietrich, Gallatin, $10.50.

No seat belt: Amelia D. Anthuis, Gallatin, $10; Lauren A. Carroll, Gallatin, $10; John M. Brown, Gallatin, $10; Michael E. Grassley, Cameron, $10; Justin T. Duffy, Gallatin, $10.

Speeding: Steve E. Ishmael, Trenton, $12.50; Edward W. Allen, St. Peters, Minn., $140; Terrie L. Hogan, Gallatin, $12.50; Ronald W. Dickson, Gallatin, $27.50.

Careless and imprudent: Scotty G. Curtis, Jamesport, $47.50.

Speeding amended by prosecuting attorney to defective equipment: Thaten S. Shiver, Trenton, $142.50.

Minor in possession: Chase M. Hunt, Gallatin, SIS, community service and two years probation; Anthony W. Skeens, SIS, community service and two years probation.

Maintaining a nuisance: Rachael A. Holcomb, Gallatin, $20.50.

No brake light: John A. Whitmore, Gallatin, $7.50.

Driving without driver’s license: Tracy R. Whitmore, Gallatin, $27.50.

No insurance: David E. Craig, Platte City, $25 on each of two counts.

Carol L. Goff, Braymer was fined $25 for no insurance, $25 for failure to exhibit license on demand, and $12.50 for speeding.

Johnny P. Mendez, Gallatin, was fined $70.50 for trespassing; $70.50 for lewd and lascivious.

Trevor J. Kasha, Sidney, Iowa, was fined $47.50 for failure to register vehicle; $25 for no insurance.

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 $1,233 for 21 tickets. The total fines assessed for defendants who reside in Missouri was $477.50 for 8 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: Gregory E. Davisson, Kansas City, $28.50; Karen A. Griffith, Kansas City, $28.50; Michael A. Christopher, Kansas City, $28.50.

No seat belt: Amy A. Ruse, Independence, $10.

Speeding amended by prosecuting attorney to defective brakes: Jacob D. Boswell, Cameron, $200.

No insurance: Ashley R. Copelin, Smithville, $143.50.

Cassie S. Flippin, Eldon, was fined $28.50 for speeding, $10 for no seat belt.

Civil Court

A consent judgment was entered for Capitol Financial Group and against Rose Thompson in a breach of contract case. Three default judgements for breach of contract were entered: for GA Financial Trust and against Bonnie Albrecht; for Capitol Financial Group and against Anita Bradley; for Capital One Bank and against Dana Simpson. One breach of contract was dismissed by the parties, Capital One vs. Adrian Gutshall.

A consent judgment for suit on account was entered for Midwestern Health and against Teresa Clevenger. One suit on account was dismissed by the parties, New Liberty Hospital vs. Sharon and Kenneth Smith.

In Midwestern Health Management vs. Jon E. Helton and Rachel M. Helton, judgment was entered against Rachel M. Helton on July 25. The case against Jon E. Helton was dismissed with prejudice.

Small Claims

Fred and Pamela Parker vs. EMC Mortgage Corporation was dismissed by the parties.

Marriage

Michael Allen Lee Shoemaker and Tina Delorse Gearin, both of Spickard, were married on July 27, 2007, by Judge Daren Adkins.

Circuit Court

In Law Day proceedings on July 24, 2007, conducted by Judge Warren McElwain, the following cases were heard:

James M. Brendle plead guilty to passing bad checks, class D felony. The sentence assessment report was waived, and defendant was sentenced to one year in the Daviess-DeKalb Regional Jail, execution of sentence suspended. He received three years probation, with conditions including 80 days shock time with credit given for time served. Restitution is to be paid within one year.

David Alliet, Altamont, plead guilty to driving while intoxicated-aggravated offender, class C felony, failure to register motor vehicle, class B misdemeanor, and failure to maintain financial responsibility, class C misdemeanor. The defendant waived the sentence assessment report and was sentenced to four years in the Department of Corrections on the felony charge. The court retains jurisdiction and recommends institutional treatment. For the two misdemeanor charges, the defendant received 10 days and five days, respectively, in the regional jail with credit for time served.

Demarkus D. Simon had plead guilty on April 17 to possession of a controlled substance, class C felony, and possession of controlled substance, class A misdemeanor. He was sentenced to three years incarceration in the Department of Corrections.

Jeffrey S. Shanks was sentenced to five years incarceration in the Department of Corrections for operating vehicle without valid license – 3rd and subsequent offense. Execution of sentence was suspended and the defendant was placed on five years probation, including 60 days shock time in the regional jail, with credit for time served.

Sherikka T. White plead guilty to possession of controlled substance, class C felony, and receiving stolen property, class A misdemeanor, based on a plea agreement. The sentence assessment report was waived. The defendant received a suspended imposition of sentence and was placed on five years probation, including 25 days of shock time with credit for time served on the felony count, and 60 days confinement in the regional jail on the misdemeanor, credit for time served.

Tyson N. Tully plead guilty to resisting arrest and DWI, both class D felonies, supplying liquor to minor, and careless and imprudent driving (involving accident), both misdemeanors, based on a plea agreement. The sentence assessment report was waived, and defendant was sentenced to four years in the Department of Correction on the two felony charges, to be served consecutively. The execution of sentence was suspended and the defendant received five years probation, which will include 98 days shock time in the regional jail with credit for time served. He was fined $200 and $105 on the misdemeanors.

Jason E. Ellis had plead guilty on May 22 to possession of a controlled substance, class C felony, and operating a motor vehicle without valid license, class A misdemeanor, based on a plea agreement. The defendant was sentenced to seven years in the Department of Corrections, execution of sentence suspended, and he was placed on five years probation, to include 120 days shock time in the regional jail with credit for time served. On the misdemeanor, he received 10 days in the regional jail with credit for time served.

Damien O. Head had plead guilty March 20 to possession of marijuana, class A misdemeanor, unlawful use of paraphernalia, class A misdemeanor, and operating vehicle without valid license-third and subsequent offense, class D felony, based on a plea agreement. On the felony count, the defendant was sentenced to four years in the Department of Corrections; court retains jurisdiction and recommends institutional treatment. On the first misdemeanor, he received 20 days in the regional jail with credit for time served. The second misdemeanor was dismissed.

Probation was revoked for Shaina Carder, and she was ordered to serve her previously imposed sentence of five years in the Department of Corrections. She had plead guilty on March 4, 2004, to the class B felony of theft/attempted theft of anhydrous ammonia or liquid nitrogen.

Robert Danner was granted a change of judge. The cause was transferred to Judge Stephen K. Griffin, and bond was continued on the charges of assault 3rd degree with physical injury, class A misdemeanor, and felony forcible rape.

Betsy Young-Jo Bonin plead guilty to possession of controlled substance, class C felony, and two counts of unlawful use of paraphernalia, class A misdemeanors, based on a plea agreement. A sentence assessment report was ordered.

A warrant was issued for the arrest of William C. Bass for violation of probation on a felony charge of non-support. Bond was set at $7,500 cash.

A warrant was issued for Bryan C. Thomas, for failure to appear for a sentencing hearing on a charge of operating vehicle without valid license, class D felony. Bond was set at $50,000 cash.

Jeremy A. Knight admitted probation violations. His probation was continued with the additional condition of 54 days shock time, with credit for time served, on charges of burglary second degree, class C felony, property damage and theft/stealing, misdemeanors.

Chelsa McIntosh admitted probation violations. Her probation for felony theft/stealing was continued under the same conditions.

Probation was revoked for Michael D. Howard. His previously imposed sentence of eight years in the Department of Corrections was ordered executed on felony charges of possession with intent to distribute and resisting arrest. The court retains jurisdiction and recommends institutional treatment.

Ashley Guerber admitted probation violations, and her probation was continued with the additional condition of 54 days shock time with credit for time served. She is on probation for felony burglary and misdemeanors of property damage and theft/stealing.

The state withdrew its motion to revoke probation for James R. Kirkpatrick, and probation was continued.

Civil cases filed: Donald and Janice Porter, Gallatin, vs. Miller etal, quiet title; Christine Elizabeth Moulton vs. Richard Moulton, both of Gallatin, dissolution of marriage.

Dissolutions of marriage were granted July 26 to Lewis Woodring from Merly W. Woodring, to Sara C. McClellan from Joseph D. McClellan, and to John Franklin Pettit from Shawn Ellen Pettit.

Land Transfers

Warranty Deeds

Tract in Union Township from Madge E. Carter to Roger and Karla Nelson; Lake Viking lot #3041 from Joseph McGinnis to Joseph B. McGinnis or Shirley A. McGinnis, trustees of the Joseph and Shirley McGinnis trust; Lake Viking lot #718 from Thomas Archibald and Donna Redden to Thomas E. Archibald and Donna D. Redden and Randy H. Pyfrom as joint tenants and not as tenants in common; lot in Gallatin from David and Nancy Weldon to Katie and Joshua Jeffers; tract in Jefferson Township from Carol L. Antle to Carol L. Antle and Pasquale J. George as joint tenants with right of survivorship and not as tenants in common; tract in Grand River Township from John and Kelly Hightree to James Bedsworth Jr., trustee of the James Bedsworth Jr. trust.

Trustee’s Deed

Tract in Benton Township from Joseph and Patricia Easton, trustees of the Joseph E. Easton and Patricia S. Easton revocable trust, to Joseph E. Easton and Patricia S. Easton.

Beneficiary Deed

Lake Viking lots #2630, 2631, 2632 from Sammie J. Edwards to Rondi Bernice Johnson and Andrew Wallace Edwards Jr.

Quit Claim Deeds

Lake Viking lot #1813 from Mary Lee Ellis to Jimmy and Deborah Hall; Lake Viking lot #2239 from Allen and Tracy Nichols to Patrick and Dasha Davis.

Trustee’s Deed under Active Trust

Lake Viking lot #1019 from Barry R. Bauer, trustee of the Bauer Family Trust, to Brian and Sherry Trickey; lots in Gallatin from Lester and Joyce Bartlett, trustees of the Lester C. Bartlett and Joyce Bartlett revocable trust agreement, to Michelle and Weston Green; Lake Viking lots #537, 538 from Barry Bauer as trustee of the Bauer Family Trust to David and Nadine Parmenter; Lake Viking lot #601 from Ronald Piercy, trustee of the Ronald L. Piercy revocable trust, to Steven Kiso.