Daviess County Courthouse News (6-25-08) – Lengthy Law Day Proceedings

James Lewis, bridge supervisor, reported that they will be making repairs to culverts and bridges this week as weather permits.

Bills were audited and paid.

Bob Bird reported that the bridge on Quick Avenue had some boards loose and one that was off.

Riley Plumbing was the only bid received for the restroom remodel. The bid was accepted unanimously.

The commission has had inquiries regarding vendors on the courthouse lawn. It has always been the policy that if it is a not-for-profit organization then it would be allowed; otherwise, vendors are not allowed to sell on the courthouse lawn.

These are the approved minutes of June 16, 2008. All commissioners were present.

The courthouse will be closed on Friday, July 4, in observance of Independence Day.

County Clerk

Absentee ballots are now available in the office during regular hours.

Sheriff’s Office

Brian K. Marshall, 39, Pattonsburg, was arrested June 19 for unlawful use of a weapon, class D felony, felony armed criminal action, and domestic assault third degree, class A misdemeanor. He is accused of threatening his mother, Mary Jo Tillman, with a pistol during an argument on June 16. He fled the scene with a loaded assault rifle. Bond is set at $50,000.

Crystal McLain, 24, Jamesport, was arrested June 17, charged with two counts of statutory rape second degree, class C felony, statutory sodomy second degree, class C felony, and two counts of endangering the welfare of a child first degree, class C felony. She is accused of knowingly engaging in sexual conduct with a 14-year-old male juvenile on two separate occasions, while he was in her care. She is being held on $35,000 bond.

Patrick Ferlisi, 21, Lawson, was arrested June 21 for unlawful use of a weapon, class D felony, and assault third degree, class C misdemeanor. He is being held on $25,000 bond.

Matthew Vogel, 23, Wichita, Kan., was arrested June 20 for the class B misdemeanor, driving while intoxicated. He posted $500 bond.

Clara Crosser, 21, Jamesport, was arrested June 21 for a parole violation on an original felony charge of tampering with physical evidence. Bond was denied.

Amos Slabaugh, 24, Milan, was arrested June 21 for misdemeanor no valid license. Bond was set at $1,000.

Raymond McDonald, 26, Humphreys, was arrested June 22 on a Dallas County warrant for fishing without a license. He posted $160 bond for this charge and was transferred to Grundy County on a bad checks charge, with bond at set $300.

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.

Dale W. Grier, Cameron, possession of drug paraphernalia, $150.

Elvia M. Cortez, Pasadena, Calif., no valid license, $150; speeding, $88.50.

Mark A. Seaver, Trenton, driving while intoxicated, $350.

June A. Branstetter, Trenton, passing bad checks, $25.

Gary W. Martin, Gallatin, no valid license, $150.

Alva Cogdill, Jameson, attempt to take wildlife during closed season by aiding another, $154.

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 $1,017.50 for 15 tickets. The total fines assessed for defendants who reside in Missouri was $348 for 11 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:

Vision reducing material: Laura A. Love, Gallatin, $28.50.

No seat belt: Andrew P. Pierce, Gallatin, $10; Brooke N. Anderson, Cameron, $10; Rodney R. Farmer, Cowgill, $10.

Speeding: Jonathan C. Christiano, Kansas City, $28.50; Barry G. O’Neal, Trenton, $28.50; Dennis K.

McCulloch, Kansas City, $28.50.

Failure to stop at stop sign: Jessica A. Robertson, Gilman City, $28.50.

Failure to display valid licnese: Chris D. Gingerich, Chillicothe, $18.50.

Cecil G. Hobbs, Trenton, failure to maintain brakes on truck, $78.50; operated motor carrier vehicle on tires with inferior tread, $78.50.

Civil Court

Breach of contract: Capital One vs. Jaimie D. Hoover was dismissed by the court without prejudice/

Suits on account: A consent judgment was entered for Midland Funding LLC and against Loretta Melman. A default judgment was entered for MFA Oil Company and against John R. Lagodny.

Small Claims

Felix Fojtik vs. Margo Walker Smith was dismissed by the parties.

Circuit Court

Law day proceedings were conducted June 17 by Judge Warren McElwain. The following cases were heard:

Scott Eric Craig plead guilty to operating motor vehicle while suspended, class D felony and possession of drug paraphernalia, class A misdemeanor, based on a plea agreement. Two counts were dismissed. The sentence assessment report was waived by the defendant, and he was sentenced to 10 days in the regional jail on the first count and seven days on the second count, with credit for time served.

A change of venue to Livingston County was granted to Bryan L. Stark on three charges, DWI, alcohol, class B misdemeanor, domestic assault third degree, class A misdemeanor, and possession of loaded firearm while intoxicated, class D felony.

A jury trial was set for Dec. 4-5, 2008, for Jared Howell on the class C felony of sexual abuse.

A motion by the prosecuting attorney for withdrawal of the application to revoke probation for Cindy L. Newton was granted, and probation was continued.

Debra L. Kloiber plead guilty to resisting arrest, class D felony, and assault on a law enforcement officer, class C felony, as well as four misdemeanors, speeding, careless and imprudent driving, possession of paraphernalia, and tampering with physical evidence. A sentence assessment report was ordered.

Probation was continued for Leroy G. Wallace, after he admitted violations of his probation on two counts of endangering the welfare of a child, first degree, class C felony.

Jay L. Thomas plead guilty to operating motor vehicle without valid license, class D felony, and misdemeanor failure to display valid plates. The sentence assessment report was waived by the defendant. He received three years in the department of corrections, execution of sentence suspended, and five years probation. Conditions include three days shock probation in the regional jail.

Justin A. Lee was ordered to make monthly payments until paid in full, on a charge of passing bad checks, class D felony.

Karl M. Robbins admitted probation violations, and his probation was revoked. He was ordered to serve his previously imposed sentence of five years in the department of corrections, for child molestation first degree, class B felony.

Betsy Young-Jo Bonin admitted probation violations and surrendered herself on probation. She was ordered committed to custody of the department of corrections to serve her previously imposed sentence of seven years for possession of a controlled substance, class C felony.

Probation was continued for Brian King on condition of an additional monthly payment for court costs. The original charge was passing bad checks, class C felony.

Amber D. Johnson plead guilty to resisting arrest, class D felony. Defendants waived the sentence assessment report, and was sentenced to two years in the department of corrections.

A sentence assessment report for Jeffrey R. Hall was accepted, and he was sentenced to four years in the department of corrections for DWI, persistent offender, class D felony, and 30 days in the regional jail for driving with no valid license, class A misdemeanor. The court retains jurisdiction and recommends institutional treatment.

Ruben F. Fierros plead guilty to possession of controlled substance, class C felony. A sentence assessment report was ordered.

Porter D. Fensel plead guilty to possession of controlled substance, class C felony, and a sentence assessment report was ordered.

Rebecca Cunningham plead guilty to failure to return rented property, class C felony. She waived the sentence assessment report. The imposition of sentence of suspended and she was placed on five years probation.

Probation was continued indefinitely for David L. Rainey, on a charge of non-support, class D felony.

The sentence assessment report for Chad Russell Wormsley was accepted as amended. On count 1, possession of a controlled substance, class C felony, he received a suspended imposition of sentence and five years probation, with conditions including 10 days shock probation. On count 2, possession of liquor by a minor, misdemeanor, he received a suspended imposition of sentence and two years probation.

Stephen L. Loxterman plead guilty to driving while intoxicated, class C felony, based on a plea agreement. A sentence assessment report was ordered.

Samuel Lewis Corwin plead guilty to operating motor vehicle without valid license, class D felony, and failure to stop at stop sign, class C misdemeanor, based on a plea agreement. The sentence assessment report was waived. On the first count, he was sentenced to three years in the department of corrections, execution of sentence suspended, and received five years probation. On the second count, he received 42 days in the regional jail.

A jury trial will be held Sept. 18, 2008, for Deborah D. Parrack, on a charge of distributing controlled substance near schools, class A felony.

A jury trial will be held Oct. 29, 2008, for David E. Seamands, for operating vehicle while license suspended, class D felony, and failure to display plates, misdemeanor.

A jury trial will be held Aug. 13, 2008, for Amanda K. Hodges, on charges of possession of controlled substance with intent to distribute, class B felony, and endangering the welfare of a child, class C felony.

On June 19, State vs. Robert Dennis Sutton was heard by Judge Jason Kanoy. Sutton plead guilty to amended charges of DWI, alcohol, aggravated offender, class C felony, and possession of marijuana, class A misdemeanor. Sentencing was deferred pending completion of a sentence assessment report.

On June 20, probation was revoked for Timothy Bowers in a case heard by Judge Brad Funk. For possession of a controlled substance, class C felony, Bowers was ordered to serve the previously imposed sentence of seven years in the Department of Corrections.

Michael V. Schofield surrendered himself on probation on June 20; probation was revoked and he was committed to three years in the Department of Corrections on a charge of unlawful use of a weapon, class D felony.

A dissolution of marriage was granted to Johnny L. Rainey from Jeannie Renea Rainey on June 3.

Civil cases filed: Sherri Lynn Epperson vs. Neil Thomas Mullikin, change of venue from Livingston County.

Recorder’s Office

Marriage licenses issued: Travis James Shelman and Lisa Diane Harrison, both of Altamont.

Land Tranfers

Trustee’s Deed under Active Trust

Lake Viking lots #707 and #1230 from Kenneth and Jacqueline Derks, trustees of the Kenneth Derks and Jacqueline Derks family trust, to Shane L. Cordes.

Warranty Deeds

Tract in Washington Township from Ellen Marlene Griffin to McBee Properties LC; Lake Viking lot #MH-4 and #MH-5 from Bernice Gobin to Mark and Patty Davis; partial lot in Gallatin from James and Linda Adkins to Terry A. Kline; tracts in Sheridan Township from Roger E. Hess to Roger Dale Hess; tract in Sheridan Township from Mark and Brenda Voss to Jerrilynn S. Voss; tract in Grand River Township from Quentin and Rebecca Albrecht to Ellen Marlene Griffin; lots in Union Township from Brenda K. Dannar Winfree to Jennifer R. Jeffers; lots in Union Township from Jennifer and Tim Jeffers to Jennifer and Tim Jeffers; Lake Viking lots #124 and #125 from Roger and Cheryl Findley to William and Rose Ann Sullenger; partial lots in Gallatin from Kristen Ellis to Barney and Robin Esbeck; lots in Winston from Opal and William Garrett and Doris and Jack Creamer and A.C. and Isabel Heldenbrand and Ronald and Diane Heldenbrand to John Stith; Lake Viking lot #2457 from Bernard and Estelle Faustlin to Jeff Collins; tract in Liberty Township from Steven and Ann Marie Holcomb to David and Diane Wilson; tract in Liberty Township from Wendy S. Holcomb to David and Diane Wilson; tract in Liberty Township from David and Diane Wilson to Viking Valley Association; tract in Liberty Township from Steven and Ann Marie Holcomb to Viking Valley Association; tract in Marion Township from John Zimmerman by and through Janet T. Zimmerman his Attorney-in-Fact and Janet T. Zimmerman to John C. Zimmerman Jr. and Janet T. Zimmerman; partial lots in Jamesport from Kay and Bill Seymour and Tina and Edward Henny to Frances B. Gott; tract in Jackson Township from Landmark Manufacturing Corporation to Kenneth D. Critten, trustee of the Kenneth D. Critten declaration of trust; tract in Union Township from Clifford and Lois Agenstein to Steve and Ann Holcomb.

Quit Claim Deeds

Lake Viking lot #600 from Lisa D. Piercy to Keith A. Piercy; Lake Viking lot #MH-113 and #MH-114 from Dameon C. Cooper to Jamie Trimble; partial lots in Winston from Ormah Heldenbrand to John Stith; partial lots in Winston from Charles Lloyd Painter to John Stith.

Beneficiary Deeds

Tracts in Colfax Township from Melvin and Phyllis Pierson to Sherri L. Overton and Lora L. Pierson, joint tenants with right of survivorship; tract in Jamesport Township from Richard G. Daniel to Susan Ahrens, LDPS; tract in Lincoln Township from Earl L. Foger to Vince Foger, Eric Foger, and Marci Reese as tenants in common; tract in Salem Township from Ronald L. Davisson to Esther Jean Vinzant.