Daviess County Courthouse News (8-12-09)

A hearing is scheduled Thursday, Aug. 13, before Judge Brent Elliott to hear a motion in the case of State of Missouri ex rel vs. Daniel Fallis Froman. The motion to distribute the escrow account (of Gallatin Grain Company) to grain claimants was filed by Raymond E. Haight of the Missouri Attorney General’s office on Aug. 6.

Law Day was conducted on Aug. 6 for both criminal and civil cases. The following cases were heard by Judge Brent Elliott:

James T. Russell had previously plead guilty and was sentenced to 30 days in the regional jail for possession of a controlled substance; 30 days for drug paraphernalia, and three days for speeding, sentences to run consecutively, with credit for time served. One count was dismissed.

Charles Andrew Woods plead guilty to possession of marijuana and possession of controlled substance, both class C felonies. The court ordered a sentence assessment report.

Justin D. Nalle received a suspended imposition of sentence for two counts of burglary second degree, property damage first degree and stealing. He was placed on five years probation, with conditions to include community service and 30 days shock time in the regional jail.

Fernando Bahena-Pineda received a suspended imposition of sentence and five years probation for driving without a valid license, class D felony.

Amended charges were filed for Deanna R. Mason. The charges are possession of controlled substance, class C felony; drug paraphernalia, class A misdemeanor; possession of anhydrous ammonia in non-approved container, class D felony; and possess chemicals with intent to create controlled substance, class C felony. A request for bond reduction was denied. Arraignment was set for Sept. 3.

Probation was extended one year for James R. Kirkpatrick, on a charge of non-support.

Christina M. Noel admitted probation violations. The suspended imposition of sentence was revoked and she was sentenced to seven years in the Department of Corrections for possession of a controlled substance, execution of sentence suspended. She received five years probation.

Shawn A. Burnett admitted probation violations on original charges of burglary and theft. He was continued on probation with addition conditions.

Corey D. Phipps admitted probation violations for felony non-support. He was continued on probation.

David R. Alliet admitted probation violations on an original charge of DWI, aggravated offender, and he was sentenced to four years in the Department of Corrections. The sentence was executed.

A warrant was issued for the arrest of Sherry B. Pauley, for failure to appear at a probation violation hearing. The original charge is failure to return to confinement. She was ordered held without bond pending hearing.

Thomas J. Everman admitted probation violations for non-support. Sentencing was deferred until Nov. 5.

Probation was suspended for Shawn P. Trude and he was ordered held without bond pending a hearing on a new probation violation. The original charge was possession of controlled substance.

A change of venue to Livingston County was granted to Nathan P. Allen, on charges of rape and sexual misconduct involving a child under 15.

A jury trial was set for Nov. 6, 2009, for Karlon R. Abels, on charges of burglary, theft, trespassing and property damage.

A change of judge was granted to Kenneth W. Dinwiddie on charges of possession with intent to deliver, two counts; possession of marijuana; possession of paraphernalia, two counts; possession of anhydrous ammonia in unapproved container; and possession with intent to create controlled substance.

A change of judge was granted to Shaun David Yoder, on charges of rape and attempted rape.

A change of judge was granted to Michael L. Gasperino. He is charged with two counts of robbery, two counts of burglary, five counts of kidnaping, assault, two counts of armed criminal action; and unlawful possession of firearm. These charges stem from a residential armed robbery in Pattonsburg which occurred on April 30.

A change of judge was granted to Brett T. Marshall, charged with DWI, alcohol, aggravated offender, class C felony; driving while revoked, class A misdemeanor, and two traffic offenses.

In Missouri Department of Health vs. Jeremy Hunter, the judgment was revived on a breach of contract.

A dissolution of marriage was granted to Delana Christine Taylor from David Allen Coe Taylor.

On Aug. 7, a warrant was issued for Robert T. Wilson for probation violations on a charge of domestic assault.

Criminal cases filed: State vs. Brett T. Marshall, Dearborn, DWI, alcohol, aggravated offender, class C felony; driving while revoked, class A misdemeanor; and two traffic offenses.

State vs. Michael L. Gasperino, Kansas City, two counts of robbery first degree, class A felony; two counts of burglary first degree, class B felony; five counts of kidnaping, class B felony; assault second degree, class C felony; two felony counts of armed criminal action; and unlawful possession of firearm, class C felony.

In State vs. Kenneth W. Dinwiddie and Deanna R. Mason, both of Pattonsburg, each defendant was charged with two counts of possession with intent to distribute, class B felony; possession of anhydrous ammonia in non-approved container, class D felony; unlawful use of drug paraphernalia, amphetamine/methamphetamine, class D felony; possession of chemicals with intent to manufacture controlled substance, class C felony; and misdemeanor possession of marijuana. The charges stem from the discovery of a meth lab at Pattonsburg in June.

State vs. Martin Mendez Pliego, West Paul, Minn., possession with intent to distribute, class B felony.

Civil cases filed: Shereen L. Rexing vs. Bruce Rexing, both of Jamesport, dissolution of marriage.

County Commission

James Lewis, bridge supervisor, reported that they will work near Pattonsburg this week installing culverts.

Bills were audited and paid.

Georgia Maxwell, recorder, submitted a letter advising the commission of her request for reimbursement to the State for statutory recorder fees.

Steve Adkison, Grand River Township, reported a bridge near his home in need of repair. The Commission will send James Lewis to repair.

Cheryl Alexander met with the commission regarding the LEPC agenda for next week.

The commission discussed the bids received last week for the repairs at the nursing home. No decision will be made until the leasor can be reached.

Zac Johnson, Gallatin Administrator, met with the commission regarding the Recovery Act Bonds available from the federal government.

At 11 a.m., as advertised, bids were opened for the re-roofing of five buildings with hail damage; the courthouse, barn, museum, and the properties at 609 South Main and 611 West Johnson. The matter was taken under advisement.

In the afternoon, the commission met with a landowner in Harrison Township regarding the road discussed in the last meeting. He agreed to the improvements planned. They also inspected brush problems in Sheridan Township.

The commission began the review and comparison of the roofing bids opened earlier in the day. Some questions were answered by the insurance adjuster. One contractor was contacted for clarification of items on his bid sheet. Occupants were notified that their roofs will be replaced soon. Danny Heldenbrand moved to accept the bid for asphalt shingles from Precision Roofing for the courthouse, the museum, and the building at 611 West Johnson. The bids for metal roofs at the bridge barn and the building at 609 South Main were awarded to K&J Construction. David Cox seconded. Motions passed unanimously.

These are the approved minutes of Aug. 3, 2009. All members were present. Minutes were approved.

Sheriff’s Office

Daniel J. Gingerich, 41, Jamesport, was arrested Aug. 5 for possessing loaded firearm while intoxicated, class D felony, and domestic assault third degree, class A misdemeanor. He is being held on $15,000 bond.

Justin D. Fleming, 29, Taylorsville, Utah, was arrested Aug. 10 for possession of firearm while intoxicated, class D felony; DWI, alcohol, class B misdemeanor; and failure to stop at stop sign, class C misdemeanor. He posted $15,000 bond.

Warren Musser, 22, Hildale, Utah, was arrested Aug. 8 for no valid license and posted $500 bond. He was rearrested Aug. 10 for no valid license, class A misdemeanor, and bond was set at $5,000.

Francisco Romo, 28, Des Moines, Iowa, was arrested Aug. 7. His bond was revoked on two original charges of possession of controlled substance with intent to deliver.

Matt Gaunt, 37, Laclede, was arrested Aug. 7 for probation violations on an original charge of felony non-support. Bond was denied.

Stacy Claycomb, 29, St. Joseph, was arrested Aug. 6 on a Buchanan County warrant for misdemeanor speeding. She posted bond of $358.50.

Brett Olsen, 22, Cowgill, was arrested Aug. 9 for misdemeanor driving while suspended, resisting arrest, and possession of drug paraphernalia.

Justin Walters, 27, Blue Springs, was arrested Aug. 5 for failure to appear on a misdemeanor charge of no valid license. He posted $1,000 bond.

Martin Sanford, 44, and Danielle Sanford, 41, both of Trenton, were charged with probation violations on original felony charges of endangering the welfare of a child. Bond was denied.

Jerome Crawford, 36, Cedar Hill, Texas, was charged Aug. 3 with misdemeanor no valid license, possession of marijuana and paraphernalia. He is being held on $1,250 bond.

Elizabeth Buckler, 34, Jamesport, was charged July 29 with two counts of misdemeanor child endangerment. She posted $2,500 bond.

Associate Circuit Court

Today (Aug. 12) before Judge J. Bradley Funk, arraignment is scheduled for Pauline Froman, as well as a preliminary hearing for Daniel F. Froman. The Fromans are charged with multiple felony counts of stealing grain as operators of the now defunct Gallatin Grain Company. A preliminary hearing for Pauline Froman is set for Aug. 27 at 9 a.m.

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 $1,185 for 19 cases. The total fines assessed for defendants who reside in Missouri was $601.50 for 11 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: Dennis J. Donahue, $28.50; Jennifer R. Marshall, Oak Grove, $58.50; Barry M. Ford, Milan, $58.50; Ethelyn E. Geiger, Liberty, $86.50.

No insurance: Jamie L. Yerington, Braymer, $101.50.

No seat belt: Chandra E. Anderson, Trenton, $10; Casandra L. King, Cameron, $10.

Failed to yield the right of way when approaching stationary emergency vehicle: Kyle W. Harkins, St. Joseph, $148.50.

Failed to display valid plates: Gary E. Minor, Liberty, $28.50.

Shawn C. Ellington, Altamont, was fined $58.50 for speeding and $103.50 for no insurance.

Civil Court

Suit on account: GE Money Bank vs. Joseph Labazzetta was dismissed by the parties.

Recorder’s Office

Marriage licenses issued: Max Woodson Swisegood, Oak Grove, and Verna Rosa Cole, Cameron; Douglas Morgan Zobkiw, Olathe, Kan., and Jessica Leigh Griffith, Hamilton.

Land Transfers

Warranty Deeds

Lake Viking lot #2145 from David Whelan to Brian and Kari Rawley; tract in Union Township from Rick and Susan Leach to Joseph II and Joyce Flanders; tract in Salem Township from Rosemary Ham to Clint Meadows; tract in Jefferson Township from Carl Michael Stuart to Harry and Teresa Douglas; tract in Monroe Township from Shad and Amy Mort to Lloyd Dale Ewing; Lake Viking lot #123 from Kelly and Lori Taylor to Scott and Sandra Hendrickson; tract in Jackson Township from U.S. Bank National Association as trustee for MASTR Asset Backed Securities Trust 2005-AB1 to David W. Blackburn and Myrna C. Ramirez-Blackburn; partial lots in Gallatin from Raymond and Susan Heldenbrand to Michael and Linda Arnold; tract in Jamesport Township from Melvin and Elizabeth Critten to Leslie O. Turner; tract in Jamesport Township from David and Toni Cox to Josh and Heather Turner and Jeremy and Candy Turner as tenants in common.

Quit Claim Deeds

Lake Viking lot #2121 from James and Helena Smith to Robert H. Wooden; lot in Jameson from Ross and Charlotte Elmore, Thomas and Mary Elmore, and Lori and Dwayne Birch to David and Frances Elmore; Lake Viking lot #530 from Viking Valley Association to Daniel and Christa Hammel; Lake Viking lot #1607 from Kyle and Rebekah Smeltzer to Warren and Stacie Newberry and Kyle and Rebekah Smeltzer as joint tenants and not as tenants in common.