Daviess County Courthouse News (3-5-08)

County Commission

James Lewis, bridge supervisor, discussed working conditions.

John Loyd, Colfax Township, met with the commission regarding the condition of roads.

Alvin Smith, Union Township, met with the commission regarding large trucks following GPS systems on a dead end road. He requested larger "bridge-out" signs be put up at the entrance of the road. Mr. Smith will contact Landmark Manufacturing for their assistance also.

Dave Weldon, Harrison Township, met with the commission regarding condition of the roads and the process of obtaining metal culverts.

Bills were audited and paid.

Brian Teel, landowner in Benton and Marion Townships, met with the commission discussing the financial condition of those townships and road conditions. Copies of their latest financial statements were requested and made for him.

These are the approved minutes of Feb. 25, 2008. All commissioners were present.

Sheriff’s Department

Michael Brown, 21, Albany, Nicholas R. Brown, 19, Albany, Jesse M. Harding, 25, Cameron, and Derek Woods, 18, Kansas City, were each charged Feb. 27 with felony assault second degree in connection with an attack Feb. 20 on a fellow inmate, Shannon Dale Cooper, at the Daviess-DeKalb Regional Jail. Bond for each has been set at $35,000.

Ronald Kubel, 61, and Lela Kubel, 49, both of Winston, were each charged Feb. 21 with possession with intent to distribute, class B felony, and two misdemeanor charges of drug paraphernalia, after an unannounced DFS home visit on Feb. 21. Bond was set at $50,000 each.

Shanda L. Anderson, 37, Winston, was charged Feb. 21 with felony endangering the welfare of a child first degree, possession of controlled substance, and keeping a public nuisance, as well as two misdemeanor counts of possession of marijuana and drug paraphernalia. The arrest was made following an unannounced DFS visit. Bond was set at $35,000. David L. Anderson was charged with two misdemeanors, possession of marijuana and drug paraphernalia.

Shelly Birmingham, 39, Trenton, was arrested Feb. 28 in Macon County on their charges for felony passing bad checks. Bond was set at $5,500.

Calvin McDaniel, 37, West Memphis, Ark., was charged Feb. 28 with misdemeanor possession of marijuana. Bond was set at $500.

Stacy Craig, 24, Gallatin, was arrested Feb. 29 on a Grundy County warrant for misdemeanor passing bad checks and posted $450 bond.

Deondrea Cole, 24, Minneapolis, Minn., was charged Feb. 29 with no valid license, misdemeanor. She is being held on $500 bond.

Moriah Strein, 38, Gallatin, was charged March 1 with misdemeanor DWI. He posted $1,000 bond.

Associate Circuit Court

Civil Court

Breach of Contract: Default judgments were entered in three cases: for Unifund CCR and against Kenneth Smith; for Atlantic Credit and against Billie J. Martin; for Capital one Bank and against Michael C. Fry.

One consent judgement was entered for Atlantic Credit and against Lewis E. Woodring. Capital One Bank vs. Charles W. Corder was dismissed by the parties.

Promissory Notes: Express Financial Services Inc. vs. Penny Rowlett, was dismissed by the parties.

Suits on Account: Two consent judgments were entered, for City of Chillicothe/Ambulance and against Sheila Johnson; for LVNV Funding and against Kelly Curtis. Midwestern Health vs. Robert and Patricia Lankford was dismissed by the parties.

Replevin: U.S. Bank NA vs. Myron and Vickie Snow and John Doe was dismissed by the parties.

Small Claims

A default judgment was entered for Gene Stigall and against Bruce Smith.

Circuit Court

Law day proceedings were conducted on Feb. 26 by Judge Warren McElwain, and the following cases were heard:

Probation was revoked for Andrew B. Morlan, and the defendant was committed to five years in the Department of Corrections for one count of possession of controlled substance, class C felony. The court retains jurisdiction and recommends institutional treatment.

Richard Purcell received a suspended imposition of sentence for endangering welfare of child in ritual/ceremony, 2nd degree, class D felony, and five years probation. On a misdemeanor charge of supplying liquor to minor, he received 48 hours in the regional jail with credit given for time served.

Brian Watkins plead guilty to assault third degree, class A misdemeanor. The sentence assessment report was waived. Imposition of sentence was suspended, and the defendant was placed on two years probation, with 10 days shock probation to be served in the regional jail, with credit for time served.

Andy Werner was sentenced to three years in the Department of Corrections for possession of controlled substance, class C felony, execution of sentence suspended. He was placed on five years probation. On a second misdemeanor count of drug paraphernalia, he received five days in the regional jail with credit for time served.

Juanita McKay plead guilty to two counts of possession of controlled substance, class C felony; possession of drug paraphernalia, class A misdemeanor, amended; and misdemeanor possession of controlled substance. The sentence assessment report was waived. She was sentenced to seven years in the Department of Corrections, concurrent, on the two felony counts. On each misdemeanor charge, she will serve 15 days in the regional jail with credit for time served.

David R. Kiely Sr. was sentenced to four years in the Department of Corrections for possession of controlled substance, class C felony. The court retains jurisdiction and recommends institutional treatment.

Eddie Andrew Bowman plead guilty to DWI, class D felony, operating motor vehicle without valid license, third offense, class D felony, and possession of controlled substance, class C felony. The sentence assessment report was waived. He was sentenced to four years in the Department of Corrections on each count, first and second counts concurrent; third count consecutive to the first two sentences. The court retains jurisdiction and recommends the long term substance abuse program.

Byron King plead guilty to assault second degree, class C felony, based on a plea agreement. The sentence assessment report was waived. Imposition of sentence was suspended, and defendant was placed on five years probation, with 10 days of shock time in the regional jail with credit for time served.

Corey M. Boyd plead guilty to burglary, class C felony; stealing, class A misdemeanor; attempted stealing, class D felony; tampering, class C felony; and property damage, class D felony. Count VI was dismissed. A sentence assessment report was ordered.

Christina D. Osbon plead guilty to forgery, class C felony. A sentence assessment report was ordered.

Kevin L. Baker plead guilty to operating motor vehicle without valid license, class D felony; failure to drive on right half of road, infraction; and littering, class A misdemeanor, based on a plea agreement. A sentence assessment report was ordered.

Tracy L. Englert plead guilty to six charges: DWI, class A misdemeanor; possession of controlled substance with intent to distribute, class C felony; possession of controlled substance, class C felony; possession of controlled substance, class A misdemeanor; possession of drug paraphernalia, class D felony; and possession of drug paraphernalia, class A misdemeanor. A sentence assessment report was ordered.

Robert Danner plead guilty to forgery, class C felony, based on a plea agreement. A sentence assessment report was ordered.

Karl M. Robbins admitted probation violations. Probation was continued with an additional condition of 10 days shock time in the regional jail, on a charge of child molestation first degree, class B felony.

A probation violation hearing for Mira A. Huffman was continued, and the case was transferred to Judge Jason Kanoy.

Hidi J. Uthoff admitted probation violations for endangering welfare of child, class C felony. Probation was continued under the same conditions, however the defendant is not to be placed on minimum supervision until court costs are paid in full.

Michael D. Brown admitted probation violations on a charge of possession of controlled substance, class C felony. Probation was continued under same conditions until 3-24-09 unless defendant pays balance in full prior to then.

On Feb. 27, Rebecca Smith was sentenced to seven years in the Department of Corrections for stealing, class C felony. The case was heard by Judge Stephen Griffin.

Criminal cases filed: State vs. Jamie R. Trimble, Altamont, DWI, alcohol, persistent offender, class D felony; no valid license, class A misdemeanor; and endangering the welfare of a child second degree, class A misdemeanor.

Civil cases filed: Steve Lynn King vs. Trish Vincent Director of Revenue, petition for order to issue license; Jon and Linda Allen vs. Viking Valley Association, quiet title.

Land Transfers

Warranty Deeds

Lake Viking lots #1188 and #3076C, lots in Pattonsburg from David and Carol Bunch to Warner and Carol Bunch, trustees of the Warner Bunchy and Carol Bunch revocable trust; Lake Viking lot #3098C from John and Linda Richard to Tammy S. Richard; partial lot in Jamesport from Norma J. Brewer to Michael and Guadalupe Dunks; tract in Liberty Township from Cole K. Froman to Grady Ranch Inc.; tract in Sheridan Township from Dana Stuebinger and Jamie Masters to Jamie Masters; tract in Jefferson Township and tract in Marion Township from William and Kimberly Green to William H. Green, trustee of the William H. Green declaration of trust; tracts in Benton Township from Edward Marshall and Shirley Hill-Marshall to Rick and Gayle DeShon; tract in Marion Township from Sheryl L. Beckman to James and Pamela Miller, and Virgil and Pamela Miller; Lake Viking lot #608 from Anthony and Nichole Verachtert and Scott and Stephanie Staatz to Merlin Properties LLC.

Trustee’s Deed under Active Trust

Lake Viking lot #608 from Robert and Charlotte Allen, joint trustees under declaration of trust, to Anthony J. Verachtert and Scott D. Staatz, an undivided one-half interest each as tenants in common.

Quit Claim Deeds

Lake Viking lot #2122 from Kenneth and Sheila Dhans to Thomas and Cindy Leary; tracts in Benton Township from Max and Georgia Wagers to Rick and Gayle DeShon.