County Commission


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The clerk reported that in checking voting equipment last week, they found that four machines had been damaged by associate court records stacked on them last summer prior to the court consolidation. The machines will have to be replaced. The machines were stored in the voting room vault on the first floor, but will be moved to the county clerk’s lower vault.

James Lewis, bridge supervisor, reported that they will make repairs this week as needed.

Ben Becerra, sheriff, met with the commission regarding the purchase of a new vehicle due to be delivered this week. The budget was made allowing for a trade-in with the new purchase. The commission agreed to allow the department to keep the trade-in; the county will pay $15,000 toward the new vehicle from the general fund as budgeted. All other expenses for the new purchase and repairs to the 2007 Impala will be paid from the civil fund. Sheriff Becerra agreed.

Reta Rains, collector-treasurer, and Linda Houghton, public administrator, filed their certificates of training for this fiscal year.

Susie Tull, Daviess County Nursing and Rehab Administrator, reported that the new hot water heater and water softener has been installed.

Extensions were granted for brush removal to two landowners in Benton Township.

A workers comprehensive safety award in the amount of $1,581 and a no-claims award in the amount of $2,634 were received from Missouri Association of Counties.

Linda Houghton, public administrator, reported on improvements made to her office. The commission inspected, finding that the room needs radiator repairs, floor boards replaced, new floor covering, window repairs and other maintenance.

Bills were audited and paid.

Joe Reed, Harrison Township, met with the commission regarding the drainage improvements planned in section 26.

Annie Gibson, prosecuting attorney and the Caldwell County prosecuting attorney met with the commission delivering an agreement with the State for child support enforcement, appointing Micha Dixon special prosecuting attorney for the 43rd Judicial Circuit. This agreement was executed by the presiding commissioner and prosecuting attorney and signed by the other four counties and the state office prior to being returned.

In the afternoon, the commission inspected roads, bridges and culverts in Jamesport and Liberty Townships. A brush removal letter will be sent in Liberty Township.

These are the approved minutes of April 26, 2010. All commissioners were present.

Circuit Court

Correction: In last week’s article concerning the case of State of Missouri against Gallatin Livestock Auction, it was incorrectly stated that Raymond Haight of the Missouri Attorney General’s office was also in charge of the criminal case against Daniel F. Froman involving grain theft. In fact, Haight is only assigned to the case involving the Sale Barn. The criminal case against Froman for grain theft is being prosecuted by Daviess County Prosecutor Annie Gibson, assisted by the attorney general’s office.

Before Judge James Valbracht on April 28, the following cases were heard:

Brett T. Marshall plead guilty to felony DWI aggravated offender and misdemeanor driving while revoked. A sentence assessment report was ordered.

A jury trial for Bobby R. Wheelbarger was set for June 25, 2010. Wheelbarger is charged with felony DWI persistent offender and misdemeanor no valid license.

On a plea agreement, Terry Lee Hall plead guilty, waived his sentence assessment report, and was sentenced. For misdemeanor DWI, he received a suspended imposition of sentence and two years probation. For felony possession of controlled substance, he received a suspended imposition of sentence, and five years probation with special condition of serving 30 days shock time. For felony possession of loaded firearm while intoxicated, he received a suspended imposition of sentence and two years probation concurrent to first count. For misdemeanor possession of marijuana, he received a suspended imposition of sentence and five years probation with special condition of serving 30 days shock time consecutive to second count, with credit for time served. Sentence is to be served on weekends starting May 7. One count was dismissed.

A jury trial was set for Oct. 6-7-8 for Shaun David Yoder, Jamesport, on one count of forcible rape and one count of attempted forcible rape.

Cases bound over from the Associate Division to the Circuit Court of Daviess County: State vs. Francisco Castillo Romo, Chihuahua, Mexico, two counts of possession with intent to deliver; State vs. Jordan M. Briley, Trenton, passing bad checks; State vs. Cynthia Erin Benson, Kansas City, three counts of possession of controlled substance, one count each of felony and misdemeanor unlawful use of drug paraphernalia, and possession of marijuana; State vs. Kevin W. Caldwell, Gallatin, possession of controlled substance at county jail; State vs. Jana R. Bell, Kansas City, arson second degree and burglary second degree; State vs. John J. Wilson, Pattonsburg, driving while suspended and failure to maintain financial responsibility; State vs. George D. Rainey, Newtown, no valid license third and subsequent offense, speeding, and failure to register motor vehicle; State vs. Joshua N. Brown, Chillicothe, resisting arrest, driving while revoked, failure to yield to emergency vehicle, and speeding; State vs. Raelynn M. Sapp, Excelsior Springs, possession of controlled substance at correctional facility; State vs. Ashley Marie Kincaid, Trenton, theft of any livestock animal, three felony counts of theft, and two misdemeanor counts of theft.

Civil cases filed: Kristy Jo Reed vs. Kenneth Reed, dissolution; Julie A. Burnett vs. Michael J. Burnett, dissolution.

Associate Division

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.

Jianya Li, Ames, Iowa, speeding, 48 hours jail, board bill paid by defendant, $250; no valid plates, $28.50.

Lee A. Timmons, Kansas City, driving whie revoked amended to no valid license, 48 hours jail, board bill paid by defendant.

No valid license: David J. Marsh, Gallatin, $150; Thomas E. Campbell, Kidder, 48 hours jail, board bill paid by defendant.

Jerry D. Whitt, Jamesport, six months jail, suspended execution of sentence, and two years probation on each of two counts, one of property damage, one of domestic assault.

Ali T. AlSalihi, Kansas City, speeding, guilty by trial, $58.50 fine.

Susan E. Benson, St. Joseph, driving while intoxicated, $350 fine. This case was heard by Judge James Valbracht.

Traffic Fines

The following are traffic cases which were heard in 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 $806.50 for 11 cases. The total fines assessed for defendants who reside in Missouri was $848.00 for 19 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: Jennifer L. Bottcher, Bethany, $28.50; Amy L. Manning, Jamesport, $58.50; Peter C. Bosworth, Parkville, $58.50; Ryan P. McLouth, Lee’s Summit, $58.50; Melissa J. Harper, Liberty, $118.50; Jackie L. Teegarden, Richmond, $118.50.

No insurance: Cory S. Miles, Cameron, $103.50.

No seat belt: Devin Hall, Altamont, $10; Ronald E. Kimberling, Jamesport, $10; Jeremy W. Wilson, Gallatin, $10; Adam W. Burrows, Bethany, $10; John A. First, Gallatin, $10; Damien O. Head, Pattonsburg, $10; Brian C. Danker, Kansas City, $10.

Failed to register motor vehicle with DOR: Serinia J. Holmboe, Joplin, $38.50.

Vision reducing material: Benijamin J. Kibbe, St. Joseph, $28.50.

Richard D. Leeper, St. Joseph, no insurance, $101.50, and no valid plate, $16.50.

Paula Whitt, Jamesport, failed to register annually, $38.50, and no seat belt, $10.

Civil Court

Suit on account: Shawnee Mission Medical Center vs. Pamela J. Ward was dismissed by the parties.

Other contract: A change of venue was granted in Harrison County Hospital vs. Michael T. Stephens.

Real Estate – Unlawful Detainer: A default judgment was entered for Action Management and against Michelle Faubion. This case was heard by Judge Jason Kanoy.

Sheriff’s Office

Michael Connor, 40, Winston, was charged April 29 with misdemeanor domestic assault third degree. He posted $750 bond.

Recorder’s Office

Marriage licenses issued: John Carroll Bolinger, Cameron, and Julie Jo Sheppard, Winston; Duane Lee Bontrager and Ada Mae Kauffman, both of Jamesport; Frederick David Cummings, Gallatin, and Jacqueline Michelle Lee, Winston; Daniel H. Troyer and Sara A. Kauffman, both of Jamesport;

Land Transfers

Trustee’s Deed under Sale

Partial blocks in Gallatin from South and Associates PC as successor trustee for Brian Alexander Loucks and Sherry Ann Loucks to Homesales Inc.

Trustee’s Deed

Partial lot in Gallatin from Bruce E. Strauss as trustee in bankruptcy for the estate of Karen and Kevin Lawson to Bernie Jr. and Alexandra Cabra; Lake Viking lot #154 from Mark E. Kelly as trustee for John and Dee Hart to First Missouri National Bank.

Trustee’s Deed under Foreclosure

Lake Viking lot #313 from MTW Trustee Services Inc. as trustee for Daniel and Stacy O’Connor to Vanderbilt Mortgage and Finance Inc.

Warranty Deeds

Tract in Benton Township from Quail Ridge Properties LLC to Brig Properties LLC; partial lot in Union Township from Joseph and Lisa Dowell to Joseph Dean Dowell and Lisa Dowell; lot in Gallatin from Billy and Karen Walker to Steve and Ann Holcomb; Lake Viking lot #1783 from Justin and Heather Shafer to Sandra A. Moles, trustee of the Sandra A. Moles self declaration of trust; Lake Viking lot #468 from Mark and Molly Curry to John and Gene Finnell; Lake Viking lot #2074 from Michael and Jamie Reid, James Reid and Machelle and Billy Hunter to Michael D. Reid; partial outlot in Gallatin from George and Barbara Harris to Rex and Cynthia Burton; tract in Jamesport Township from Ruby Earlene Lockridge to Thomas and Melodie Barton.

Quit Claim Deeds

Lake Viking lot #2259 from Viking Valley Association to Janet VanWye; Lake Viking lot #1136 from Kelly and Traci Kadolph to Bob and Cindy Butler; Lake Viking lot #1607 from Warren and Stacie Newberry to Kyle and Rebekah Smeltzer; Lake Viking lots #1200, 1201, 1202, and 1206 from Ronald and Leila Prewitt to Douglas and Margaret Prewitt; Lake Viking lot #1560 from Elvon and Linda Arndt to John R. Arndt; Lake Viking lots #1062 and 2056 from James E. Davis Jr. to Connie L. Davis; lots in Winston from John and Stacy Muessig to Muessig Rentals LLC.