Daviess County Courthouse News (9-24-08)

James Lewis, bridge supervisor, reported that they have made repairs to the bridge that David Gwinn reported last week and are continuing with flood repairs in other areas when weather permits.

Danny Heldenbrand reported that he had been in contact with the State Emergency Management Agency, and there were additional reports of flooding in the county over the weekend.

Assessor Betty Harmison, Collector-Treasurer Reta Rains, and County Clerk Linda Steward filed their certificates of training for 2008.

The commission adjourned to meet as Board of Equalization with Jesse Bird, member, and Betty Harmison, assessor. Mark Hemry was in contact by telephone. The Board of Equalization met with J.D. Dowell regarding the assessment on his property at 1206 South Searcy in Gallatin. The county had an appraisal made to compare to the landowner’s private appraisal. Danny Heldenbrand moved to reduce the 2008 valuation by 10 percent. Jesse Bird seconded. By roll call vote: Danny Heldenbrand – yes; Jesse Bird – yes; Mark Hemry – yes; David Holcomb – no; Lance Critten – no. Motion carried.

The commission resumed the adjourned session. Bills were audited and paid.

The clerk reported having contacted Bob Burnett, Snyder and Associates, regarding the new immigration laws’ effect on BRO projects. He will discuss the matter with Rick Kingery of MoDOT for instruction.

Daren Adkins, Associate Circuit Judge, met with the commission regarding water leaks from third floor into his office damaging equipment and a desk. The commission inspected, finding problems in the roof.

Kevin Heldenbrand, sheriff, and Richard Mooney, Pattonsburg Economic Development, met with the commission regarding progress of the enterprise zone.

Reta Rains, collector-treasurer, met with the commission regarding insurance coverage.

Don Tolen, Jackson Township, met with the commission with questions concerning the repairs planned for a bridge on Quarry Avenue. A cement deck will replace the wooden floor of the bridge.

The commission discussed the proposal by the State Auditor’s office regarding the partnership agreement for required audits. The state auditor will only audit procedures while contracting the financial portion of the audit.

In the afternoon, the commission met at the site of a fatal accident at the intersection of State Route B and 185^th Street in Salem Township. Also attending the meeting were landowners, interested parties, and representatives of MoDOT, Premium Standard, and Salem Township. The commission proposed to move the intersection to the east approximately 200 feet. Landowners would have to donate the needed land.

The commission met with Dane Worrell, Worrell Construction, regarding the leaks in the courthouse. Emergency repairs will be made as soon as possible.

The petition for the vacation of a road in Sheridan Township was read for the second time.

These are the approved minutes of Sept. 15, 2008. All commissioners were present, as well as candidate David Cox.

County Clerk

Absentee ballots for the General Election are now available at the County Clerk’s office.

Sheriff’s Office

Roger Roedel, 46, Kansas City, was arrested Sept. 20 for felony property damage. He is being held on $15,000 bond.

Jill Horvatin, 46, Gallatin, was charged Sept. 21 with misdemeanor DWI. She was processed, held for 12-hour detoxification, issued a summons, and released.

Allison Ward, 17, and Christopher Reeves, 17, both of Winston, were each charged Sept. 16 with misdemeanor possession of marijuana and paraphernalia. Each was issued a summons and released.

Cody King, 18, Chillicothe, was charged Sept. 21 with misdemeanor minor in possession and resisting arrest by fleeing. He was issued a summons, taken to jail for 24 hours, and released.

Randy Davis, 55, Jamesport, was arrested Sept. 22 for misdemeanor failure to register as sex offender. He is being held on $1,000 bond.

Gregory Wilkerson, 24, Milwaukee, Wis., was arrested Sept. 15 for trespassing and peace disturbance. He was held for 24 hours and released.

Associate Circuit Court

Leann Hisel, Spickard, was charged Sept. 16 with passing bad checks, class C felony.

John F. Pettit, Gallatin, was charged Sept. 16 with two misdemeanor counts of harassment, and two misdemeanor counts of violation of order of protection for adult.

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.

Terry L. Pullen, Maysville, probation violation or original charge of criminal non-support, five counts, probation revoked, one year jail on each count, consecutive, suspended execution of sentence, two years probation.

Derrick F. Caldwell, Union Star, assault probation violation, probation revoked, five days jail, $350 fine.

Emery Smith, Odessa, no valid license, 48 hours jail; no insurance, one day jail; failure to register, one day jail; possession of drug paraphernalia, 48 hours jail.

Lucas J. Moore, Kansas City, no valid license, 48 hours jail, $25 fine.

Jamie Morrill, Gallatin, two counts passing bad checks, 48 hours jail (board bill paid by defendant), and $25 fine.

Alfredo Castruita, Milan, no valid license, 48 hours jail (board bill paid by defendant).

London D. Butts, Des Moines, no valid license, $150; speeding, $58.50.

James Gause, Gallatin, possession of drug paraphernalia, five days jail.

Michael R. Ford, Jamesport, driving while intoxicated, five days jail (board bill paid by defendant); failure to register vehicle, $38.50.

Maria C. Balleza-Martinez, Olathe, Kan., speeding, 48 hours jail, (board bill paid by defendant), $250 fine.

Darrell R. O’Connor, Holt, domestic assault, suspended imposition of sentence, two years probation.

Jermi J. Porter, Lee’s Summit, no valid license, $150; speeding, $118.50.

Matthew Vogel, Wichita, Kan., driving while intoxicated, suspended imposition of sentence, two years probation, 30 hours community service.

Davie L. Pierson, Lock Springs, take and possess large mouth bass less than 15 inches, $10.

David A. Coe Taylor, Jamesport, resisting arrest, two days jail (board bill paid by defendant); no valid license, $150; operated ATV on highway in excess of 30 mph, $85; operated ATV without proper flag, $75; operated ATV without lighted headlamp, $85; careless and imprudent driving involving an accident, $48.50.

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 $2,056.50 for 29 tickets. The total fines assessed for defendants who reside in Missouri was $765 for 12 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 amended to defective equipment: Joseph I. Orender, Independence, $143.50; Daniel N. Clemens, Kansas City, $143.50.

Speeding: Terry J. Weber, Independence, $58.50; Marilyn R. Gabriel, Kansas City, $28.50; Roland W. Wilmes, Stanberry, $28.50; Jesus Carmona, Independence, $58.50.

No seat belt: Robert W. Gibbs, Cameron, $10; Brett L. Hausman, St. Joseph, $10.

No insurance: Rachel A. Bruner, Coffey, $103.50.

Failure to register vehicle: Gina L. Woolard, Springfield, $38.50.

April L. Swearingin, Coffey, was fined $38.50 for failure to register and $103.50 for no insurance.

Civil Court

Promissory Note: A default judgment was entered for Crown Hill Association and against Kevin Holloway, etal.

Suit on Account: In Midland Funding vs. Dana Landes, there was a change of venue to Jackson County.

Circuit Court

Law Day proceedings were conducted Sept. 23 by Judge Warren McElwain, with a continuation day set for 10 a.m. on Oct. 2, 2008. Results of Law Day will be reported in next week’s edition.

On Sept. 18, Deborah D. Parrack plead guilty to amended misdemeanor charges of possession of controlled substance and possession of drug paraphernalia. She was sentenced to four months on the first count and three months on the second count, sentences to run consecutively, in the Daviess-DeKalb Regional Jail.

On Sept. 16, Megan N. Sperry plead guilty to an amended class A misdemeanor charge of delivery of a prohibited item of personal property, based on a plea agreement. Imposition of sentence was suspended and defendant was placed on two years probation.

Criminal cases filed: State vs. Janellda S. Weber, Coffey, attempted delivery of a controlled substance to a correctional facility, class C felony.

Civil cases filed: BTC Bank vs. Debbie Loxterman, Gallatin, replevin; Ernie Gardner, Pattonsburg, vs. Judy Gardner, McFall, dissolution of marriage; State vs. Michael P. Luzar, Lino Lake, Minn., extradition; Lydia Lea Morgan, Jamesport, change of name.

Recorder’s Office

Marriage license issued: Raymond Eugene Graves and Donna Blaine Dutro, both of Pattonsburg.

Land Transfers

Beneficiary Deeds

Lake Viking lot #486 from Jerald and Annemarie Carter to Jerald and Annemarie Carter, trustees of the Jerald Carter and Annemarie Carter living revocable trust; tract in Washington Township from Rebecca Cottrell to John and Bonnie Cottrell; tract in Salem Township from Dwight and Jo Ann Higgins to Katie Jane Sullivan and John Andrew Higgins as joint tenants with right of survivorship and not as tenants in common; block and partial block in Altamont from Opal Louise McFee to Sharon K. Bridgeman, Judy Price, Kathy Holley and Larry McFee as joint tenants with right of survivorship.

Warranty Deeds

Tract in Jefferson Township from Titus Sommers to Marvin Lester Weydert; tract in Jefferson Township from FSB Properties LLC to Jason and Gayle Bland; tract in Washington Township from John D. Cottrell to John and Bonnie Cottrell; Lake Viking lots #416A, 417A, 418A, 402A, 404A, and 405A from Viking Valley Association to Cheryl and Carl Hughes as trustees of the Cheryl Hughes revocable trust; Lake Viking lots #552 and #553 from Doyle and Norma Brant to JR, LLC; partial outlot in Gallatin from The Bank of New York Trust Company to Kimberly L. Skaggs; tract in Jefferson Township from David and Amy Justus to Paul and Dawnell Rohde; tract in Harrison Township from Paul and Dawnelle Rohde to Scuyler, LLC.

Trustee’s Deed under Sale

Tract in Harrison Township from South and Associates PC as successor trustee for Nancy and Ross Elrick to US Bank National Association.

Quit Claim Deeds

Tract in Grand River Township from Keith and Dawn Harpster to Norbank; tract in Sheridan Township from Keith and Dawn Harpster to Norbank; tract in Sheridan Township from Norbank to Doug and Shirley Laney.