Daviess County Courthouse News (6-10-09)

A change of venue to Clinton County, Plattsburg, was granted to Carlos Sarmiento on June 9 by Judge Warren L. McElwain. Sarmiento is charged with first degree murder and armed criminal action in the death of his roommate, Lance L. Davis, on Feb. 17, 2009, on N. Allen Street in Jamesport.

 Criminal Law Day was conducted June 4 by Judge Brent Elliott. The following cases were heard:

Shawn A. Burnett received a suspended imposition of sentence for burglary second degree and stealing. He was placed on five years probation.

Kevin Odell admitted probation violations. The court revoked the suspended imposition of sentence, and he was sentenced to four years in the Department of Corrections for the class D felony of non-support, execution of sentence suspended. He was placed on five years probation.

Justin D. Nalle plead guilty to three counts of burglary 2^nd degree, class C felony, property damage first degree, and stealing. A sentence assessment report was ordered by the court.

Daniel M. Wendt received a suspended imposition of sentence on three counts of passing bad checks and was placed on five years probation.

John Toney Calhoon was sentenced to 10 years in the Department of Corrections for DWI, chronic offender, and four years for driving while revoked, sentences to run concurrently.

Donald R. Ealey was sentenced to five years in the Department of Corrections for possession of controlled substance with intent to deliver, class B felony.

Kimberly S. Muse admitted probation violations and was sentenced to three years in the Department of Corrections for operating vehicle without license, third and subsequent offense, class D felony.

Stephen W. Sandoval admitted probation violations. The previously imposed sentence of four years in the Department of Corrections for possession of a controlled substance was ordered executed.

Dell T. Chapman Jr. admitted probation violations and was sentenced to three years in the Department of Corrections for possession of a controlled substance.

Jennifer Brown admitted probation violations. She was sentenced to three years in the Department of Corrections for hindering prosecution of felony, concurrent to 107 days in the regional jail.

A warrant was issued for Charles D. McCasland for failure to appear for probation violation hearing on an original charge of possession of marijuana.

Traci K. Adams plead guilty to an amended charge of passing bad checks, class A misdemeanor, and was sentenced to 23 days in the regional jail, credit for time served.

Shelley R. Birmingham admitted probation violations and was sentenced to six months in the regional jail for misdemeanor passing bad checks.

Petitions for change of judge were granted in the following cases: State vs. Kevin W. Caldwell; State vs. Ezra H. Gingerich; State vs. Daniel E. Terry; State vs. Bobby R. Wheelbarger; State vs. William B. Hetrick.

The following case was heard by Judge Valbracht on June 5:

Caleb A. Blomberg plead guilty to possession of a controlled substance with intent to deliver, class B felony, and a sentence assessment report was ordered. He also plead guilty to operating motor vehicle without valid license, class A misdemeanor, and was sentenced to 48 hours jail with credit for time served.

Civil Law Day was conducted June 4 by Judge Brent Elliott. The following cases were heard:

City of Gallatin vs. Victor Gene Schweizer was dismissed by the court without prejudice.

In Elizabeth D. Caldwell vs. Terry E. Caldwell, a change of judge was granted.

In Kristin Annee Lewis vs. Ronny Stanley Lewis, a motion to vacate was denied.

Criminal cases filed: State vs. Shaun David Yoder, Jamesport, forcible rape and attempted forcible rape, both unclassified felonies; State vs. Traci K. Adams, passing bad checks, class A misdemeanor.

Civil cases filed: Steve Hostetler vs. Karen King Mitchell, Missouri DOR, declaratory judgment for vehicle title; Terrolyn Millsap, Gallatin, vs. Marvin Millsap, Kansas City, dissolution of marriage.

County Commission

James Lewis, bridge supervisor, reported that they will continue to install culverts and make repairs to bridges around the county this week.

The commission executed an agreement with the Village of Jameson for the collection of city taxes beginning with the 2009 tax year.

Bills were audited and paid.

The Commission met with a landowner regarding brush removal at the site in Liberty Township.

Gloria Lint and Robert Nelson, representing the Ministerial Alliance, met with the Commission requesting permission to use the courtyard on July 4 for a patriotic celebration. Permission granted.

Tim Baker, Extension Council, met with the commission inviting them to 4-H camp on June 11.

David Cox reported that David Landes was appointed to fill a vacancy on the Jamesport Special Road District.

These are the approved minutes of June 1, 2009. All commissioners were present. Minutes were approved.

Sheriff’s Office

Gary Ellis reported property damage at his business on East Auberry Grove in Jamesport on June 7, when someone broke in the basement door. Nothing appeared to be missing. The door and a picture frame were damaged.

Tiffany Cameron of Winston reported property damage to her mailbox around midnight on May 31. She said a truck drove by and hit her mailbox with an object, demolishing it. She said she could hear other mailboxes also being hit on her street. The case is open.

Cody J. Hullinger reported property damage to his vehicle which had been left on lot 238, Lake Viking, while he and friends took a boat ride on June 6. Upon his return, two of his tires had been sliced. Investigation underway.

James Russell, 49, Lipan, Texas, was arrested June 3 for felony possession of controlled substance, and three misdemeanors. He is being held on $35,000 bond.

Joshua N. Brown, 21, Chillicothe, was arrested June 7 on a probation and parole warrant on an original charge of burglary/stealing. Bond was denied.

Corey Hines, 22, Trenton, was arrested June 7 on a probation and parole violation for an original charge of possession of controlled substance. Bond was denied.

Charles McCasland, 39, Kansas City, was arrested June 5 on a probation violation for possession of a controlled substance. Bond was denied.

Jeffrey Taylor, 21, Altamont, was charged June 8 with failure to appear on a misdemeanor charge of no valid license. He posted $600 bond.

Roger Cooley, 49, Kidder, was charged Jun 6 with misdemeanor DWI and resisting arrest. He posted $1,000 bond.

Dustin Spangler, 24, Kansas City, Kan., was charged June 7 with failure to appear on misdemeanor charges of no valid license, possession of marijuana and speeding. He is being held on $2,000 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 $68.50 for moving traffic violations, and $116.50 in most criminal cases.

Brian D. Stover, Trenton, driving while revoked, 1 year jail, suspended execution of sentence, 2 years jail, 15 days shock jail.

Josemaria Hernandez, Mercer, driving while revoked amended to no valid license, 2 days jail, board bill paid by defendant.

Renee M. Lord, Fall Creek, Wis., possession of drug paraphernalia (priors), 2 days jail; possession of marijuana (priors), 5 days jail, board bills paid by defendant.

Scott I. Greene, Ellston, Iowa, possession of marijuana while operating amended to non-operating possession of marijuana, 2 days jail, board bill paid by defendant.

Michelle R. Stevens, Altamont, trespassing, suspended imposition of sentence, 2 years probation, 30 hours community service.

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 $801.50 for 10 cases. The total fines assessed for defendants who reside in Missouri was $451 for 7 cases. Court costs collected for the State of Missouri amount to $58.50 for moving traffic violations. Missouri defendants, offenses and fines are listed below:

Speeding: Ashley A. Fortin, Independence, $116.50; Marshall L. Kellum, Lawson, $86.50.

No seat belt: Dustin R. Teel, Gallatin, $10; Anthony S. Lakin, Kansas City, $10; Christopher J. Rinehart, Pattonsburg, $10.

Vision reducing material: Tyler S Cracraft, Liberty, $26.50.

Speeding 15 over amended to defective equipment: Jared D. Malone, Gladstone, $191.50.

Civil Court

Breach of contract: Atlantic Credit vs. Michael McCall was dismissed by parties.

Suit on account: A consent judgment was entered for MFA Oil and against Garrett Cox.

Marriage

Billy Lee Barlow and Whitney Kathleen Gardner, both of Trenton, were married June 4 by Judge Daren Adkins.

Recorder’s Office

Marriage licenses issued: Charles Andrew Lollar and Chelsea Diana Butterfield, both of Altamont.

Land Transfers

Warranty Deeds

Tracts in Jamesport Township and partial lots in Jamesport from Sherry C. Whitt to Terry G. Spillman and Barbara D. Smith as tenants in common, an undivided one-half interest each; partial blocks in Gallatin from Kathleen Ann Baker to Tony Moore; tract in Monroe Township from Janet M. Evans to Douglas and Paula Pickering; tract in Sheridan Township from Michael and Lynnette Conkling to Jeromy and Dawn Lageschulte; Lake Viking lot #3102 from Clifford L. Dewitt to Alex S. Zimmerman.

Quit Claim Deeds

Lake Viking lots #335 and 336 from Michael and Tara Traw, settlors of the Traw living trust, to Michael and Tara Traw; Lake Viking lots #335 and 336 from MIchael and Tara Traw to Michael S. Traw and Tara L. Traw, settlors of the Traw living trust; partial lot in Jamesport from Dena N. Johnson to Dena N. Johnson and Myrick den Hartog; tract in Benton Township from Galen Groom, trustee Galen Groom revocable trust, to Etta Fern Echterling; tracts in Jamesport Township and partial lots in Jamesport from Sherry and Kenton Whitt to Terry Spillman and Barbara Smith as tenants in common; Lake Viking lot #3102C from Eva DeWitt to Clifford L. Dewitt.

Beneficiary Deeds

Tracts in Jamesport Township and partial lots in Jamesport, an undivided one-half interest, from Barbara D. Smith to Adam J. Smith.