Daviess County Courthouse News (8-19-09)

In Daviess County Circuit Court, before Judge Brent Elliott, an order was entered for the distribution of the escrow account to claimants against Gallatin Grain Company. The escrow account contains $184,000 in warehouse bonds and $223,000 in dealer’s bonds which will be distributed to the farmers with verified claims against Gallatin Grain Company. The payout is expected to be around 12 cents on the dollar. The State was represented at the hearing by attorney Raymond E. Haight.

The two criminal cases against Daniel F. Froman and Pauline Froman were bound over to Daviess County Circuit Court on Aug. 14. The Fromans are owners of the now defunct Gallatin Grain Company and are charged with multiple felony counts of grain stealing, grain fraud, and filing false financial statements. Arraignment in Circuit Court is set for Sept. 3, 2009.

Criminal cases filed: State vs. Brooke Nicole Marriott, theft/stealing of any animal, two counts, class C felony; theft/stealing, two felony counts and two misdemeanor counts.

Emery Bruce Smith plead guilty Aug. 6 to felony resisting arrest, and a sentence assessment report was ordered by Judge Brent Elliott.

Greg and Gina Oberfoell vs. Sheridan Township was dismissed by the court with prejudice on April 13.

A warrant was issued Aug. 17 for the arrest of Brigette L. Callaway for probation violations on an original charge of possession of controlled substance. The case was heard by Judge Elliott.

A warrant was issued Aug. 17 for Martin A. Diaz Castillo for a probation violation on a charge of driving while revoked, third offense. Bond was set at $35,000 by Judge Daren Adkins.

Before Judge Valbracht on Aug. 12, Lance R. Herring plead guilty to one felony count and two misdemeanor counts of domestic assault. A sentence assessment report was ordered.

Civil cases filed: Danny G. Daniel vs. New Dominion, breach of contract; Dennis and M. Darlene Carpenter vs. Ardisam Inc., personal injury, product liability; Nichole Leigh Skinner vs. Harry Daniel Skinner III, dissolution of marriage;

State of Missouri ex rel DOR vs. Connie L. Dupy, certificate of lien, Department of Revenue taxes; State of Missouri ex rel DOR vs. Douglas B. Youtsey, certificate of lien, Department of Revenue taxes.

In Livingston County Circuit Court on Aug. 12, the probation violation hearing for Ron Dickson was continued to Sept. 9. The case involves the theft of over $97,000 from the Gallatin Fire Protection District.

County Commission

James Lewis, bridge supervisor, met with the commission reporting that they will continue making repairs this week.

Bills were audited and paid.

A "Code of Ethics" was executed and forwarded to the State Ethics Commission.

Trudi Burton, Fine Arts Council, contacted the commission requesting the courtyard for Chautauqua. Permission was granted with the stipulation that only not-for-profit organizations be allowed to have a booth on county property.

Lance Critten reported that the County Disabilities Board has vacancies and has recommended Shonna Morrison to fill one term. Danny Heldenbrand moved to appoint Mrs. Morrison. The motion was approved unanimously.

The Commission met with K&J Construction executing a contract for the re-roofing of the county barn, to be completed by Aug. 24 and the building at 609 South Main to be completed by Oct. 1.

Eric Corwin met with the commission reporting that windows have been shot out of the clock tower by vandals. The commission will have the necessary repairs made.

Kyle McBroom met with the commission with questions regarding the boiler replacement project at the nursing home. The engineer was contacted.

Bob Burnett, Snyder & Associates, contacted the commission to discuss BRO projects. The federal government has rescinded fund allocations until after their new budget year begins Oct. 1.

Keith Sutton requested permission for Farm Bureau to set a tent on the courtyard for the Tour Missouri bike event on Sept. 12. Granted.

At noon, the commission attended the meeting of the Local Emergency Planning Commission.

The commission reviewed the available information on the boiler replacement at the nursing home and discussed the matter with Ed Osby, Daviess County Nursing and Rehab. Danny Heldenbrand moved to reject all bids as too costly and inefficient. The motion passed unanimously.

The Commission also reviewed the bids on the replacement windows at the nursing home. After discussing the matter with Mr. Osby, David Cox moved to reject all bids for that project due to excessive costs. The motion passed unanimously.

Rich Hoffman, Precision Roofing, met with the commission regarding the re-roofing of the courthouse, the museum, and the building on West Johnson. He will make an inspection with the commissioners on Tuesday to determine the supplies needed for the courthouse roof.

The commission reviewed the progress of the brush removal process and plans to revisit some locations.

These are the approved minutes of Aug. 10, 2009. Lance Critten, called this meeting of the July term to order. David Cox, First District Commissioner and Danny Heldenbrand, Second District Commissioner, were in attendance. Minutes were approved.

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. These cases were heard by Judge Daren Adkins.

Madison D. Young, St. Joseph, minor in possession of alcohol, suspended imposition of sentence, two years probation, 30 hours community service.

Janis F. Creamer, Winston, probation violation on original charge of driving while intoxicated, probation revoked, 60 days jail.

Harry S. Olsen, Winston, assault of law enforcement officer, 20 days jail.

Jennifer J. Woods, Kansas City, no valid license, $150.

Kenneth E. Henderson, Coffey, fishing without permit, $21.

Cassie L. Kimberling, Cameron, failure to drive on right half of roadway, involving accident, amended to no accident, $28.50.

Sergio Parragon, Kansas City, Kan., no valid license, $150.

Richard W. Welch, Jameson, two counts domestic assault, six months jail on each count, consecutive, suspended execution of sentence, six months probation on first count, 26 days shock jail on second count.

The following case was heard by Judge Brent Elliott: Zachariah E. Oneal, Trenton, probation violation on original charge of possession of marijuana, probation revoked, 30 days jail; probation violation on original charge of minor in possession of alcohol, probation revoked, 30 days jail; resisting arrest, probation revoked, 30 days jail.

The following case was heard by Judge James Valbracht: Eli J. Yutzy, Jamesport, driving while intoxicated, 60 days jail, suspended execution of sentence, two years probation, 10 days shock jail, board bill paid by defendant; speeding 105 mph in 55 mph zone, three days jail, board bill paid by defendant.

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 $1,496 for 14 cases. The total fines assessed for defendants who reside in Missouri was $985.50 for 15 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: Chad L. Stracener, Newtown, $28.50; Kelly E. Frazier, Trenton, $26.50; Abigail S. Wolcott, Smithville, $28.50; Nicholas A. Gage, Columbia, $56.50; Abdi M. Moalim, Kansas City, $88.50; Pete Miller, Milan, $118.50.

No seat belt: Harold W. Kelley, Galt, $10; Daniel L. Jackson, Jamesport, $10.

Failed to secure child in safety belt: Stephanie M. Williams, Weatherby, $28.

Failed to drive on right half of roadway: Cody W. Buckler, Hamilton, $38.50.

Speeding 11-15 over amended to defective equipment: Tyler E. Gehrke, Kansas City, $200.

Brian J. Sugden, Maysville, speeding amended to defective equipment, $200 and no seat belt, $10.

Stacy L Claibourn, Altamont, was finded $103.50 for no insurance, $38.50 for failing to display valid plates, and $10 for no seatbelt.

Civil Court

Breach of contract: A consent judgment was entered for Capital One Bank and against Judy Price.

Promissory Note: A consent judgment was entered for Capital One Auto Finance Inc. and against Jessica Urton and Danny Griffin.

Unlawful detainer: A consent judgment was entered for Schoolfield Family Trust and against Orville Lee Grimes.

Marriage

Robert J. Gomez and Linda Sharron Johnson, both of Trenton, were married Aug. 11 by Judge Daren L. Adkins.

Sheriff

Jack L. Phan, 42, Olathe, Kan., was arrested Aug. 14 for impersonating a police officer and speeding. He posted $1,150 bond.

Jerry D. Whitt, 45, Jamesport, was arrested Aug. 17 for misdemeanor domestic assault and property damage. He is being held on $1,000 bond.

Jennifer Smith, 26, Gallatin, was arrested Aug. 11 for misdemeanor no valid license. She posted $300 bond.

Susan Benson, 37, St. Joseph, was arrested Aug. 13 for misdemeanor DWI. She was processed and held for 12-hour detoxification.

Recorder’s office

Marriage licenses recorded: Owen Lee Schrock and Linda Fae Gingerich, both of Jamesport; Steven Joe Gingerich and Verna E. Kauffman, both of Jamesport; Larry Ray Vyrostek and Linda Lou Turpin, both of Gallatin.

Land Transfers

Successor Trustees’ Deed in Distribution

Tract in Jefferson Township from Lanny Searcy and Janice Hardin as successor trustees of the Troy and Genevieve Searcy Trust to Lanny D. Searcy and Janice E. Hardin individually, an undivided one-half, as tenants in common.

Beneficiary Deed

Tract in Jefferson Township from Lanny Searcy and Peggy L. Teel-Searcy to Diane Kempf, Linda K. Gray, and Debra Elder, an undivided one-third as tenants in common, LDPS; tract in Jefferson Township from Janice and Richard Hardin to Darrell L. Hardin and Tina S. Hardin-Pickering, an undivided one-half as tenants in common, LDPS: lots in Pattonsburg from Joseph R. Waggoner to Lonnie Luke; tracts in Jamesport Township from Jack and Virginia Tolen, trustees of the Jack and Virginia Tolen Trust, to Kathy J. Stratton and Allen K. Tolen, re-recorded to correct name.

Collector’s Deed

Lake Viking lot #1142, #2185, #1042, #1010, #1797, #1171, and #1172 from Daviess County Collector Reta Rains to Community Network Foundation.

Warranty Deeds

Partial lots in Gallatin from Raymond and Susan Heldenbrand to Adam and Kimberly Ness; lots in Pattonsburg from CitiBank NA as trustee for LXS 2006-17 to Curtis and Nicole Dyer; lots in Altamont from Chase Home Finance LLC to Federal National Mortgage Association; tract in Benton Township from Woodward Farms Inc. to Nathan and Tonya Woodward; Lake Viking lot #530 from Shawn and Paula Hepinstall to Robert and Laura Millar.

Quit Claim Deeds

Lake Viking lot #2012 from Kent and Kristie Haynes to Shane and Reba Hebert; lots in Pattonsburg from Joseph R. Waggoner to Eden Brannen as tenant in common with rights of survivorship; Lake Viking lot #2676 from James and Susanna Dollins to Jeffery Warger Jr.; tract in Union Township from Thomas and Jennie Kopf to Grand Valley Farms LLC.