Daviess County Courthouse News (8-25-2010)

Notification was received from Missouri Transportation Department of the release of BRO funds in the amount of $470,095.55 for this fiscal year. This will allow construction on project BRO 31, bridge number 5650020 on Harbor Avenue in Grand River Township to proceed. The bridge was designed in 2008.

James Lewis, road and bridge supervisor, reported that they will be working in Harrison Township on a low water crossing again this week. Last week they worked on the drainage at the property on West Johnson Street.

Bills were audited and paid.

The commission inspected the damages to the courthouse following last week’s heavy storm.

A letter of early lease termination was received from Access II Independent Living Center, Inc., effective Oct. 1, 2010. The original termination date of the lease is March 31, 2012. The commission will inspect the building and submit a list of repairs needed.

An ordinance to opt-out of the state assessment requirements was approved and forwarded to the state tax commission and the state auditor’s offices.

The commission inspected roads and culverts in Harrison and Jackson Townships. They also reviewed the status of the townships and road districts CART programs.

An outside inspection was conducted at the property at 611 W. Johnson. Lance Critten reported that the mold remediation was complete and air quality tests have been conducted. The report should be received within 10 days. An appointment was made to conduct a walk-through inspection at the building on Aug. 30.

These are the unapproved minutes of Aug. 23, 2010. All commissioners were present.

Sheriff’s Office

Colynn Lent, 30, Jamesport, was arrested Aug. 22 for endangering the welfare of a child, class C felony, and misdemeanor resisting arrest in connection with a domestic situation between Lent and her boyfriend Bradley Larkin. Officers responded to the call and found that Ms. Lent had left the house with her two-month-old child. When she was located, she ran from the officers and attempted to climb through a window of the residence while holding the infant. Officers took the infant from Lent and took Ms. Lent into custody. Both Lent and Larkin appeared to be intoxicated. The infant was taken into protective custody. Lent is being held on $35,000 bond.

Antonio Romeo, 35, Des Moines, Iowa, was arrested Aug. 22 for misdemeanor DWI. He posted $500 bond.

Circuit Court

The following cases were heard by Judge James Valbracht on Aug. 23:

Bond was reinstated at $50,000 cash for Jeffrey Joe Crosthwait. He had been on furlough due to the recent death of his son in a drive-by shooting in Kansas City. He is charged with DWI, driving while revoked, possession of marijuana and paraphernalia, and two traffic violations.

Bobby R. Wheelbarger had been found guilty on July 30 of driving while intoxicated and no valid license. The court received the sentence assessment report and pronounced sentencing of three years incarceration, suspended execution of sentence, five years probation and 10 days shock jail time on the first count. On the second count, he received three days in the county jail with credit for time served. Sentences are to run concurrently.

Cases bound over from the Associate Division to the Circuit Court: State vs. Dawn Rochelle Davis, Pattonsburg, two counts of burglary, second degree, class C felony; State vs. Nicholas Dale McCleary, Rayville, escape or attempted escape from confinement, class D felony, damage to jail property, class D felony; State vs. Manuel Joseph Canchola, Des Moines, Iowa, DWI, aggravated offender, class C felony, no valid license, class A misdemeanor, and two infractions.

Civil cases filed: Kevin W. Caldwell has filed motions against the State of Missouri to vacate, set aside or correct sentencing in two cases. He is currently serving 15 years for distributing controlled substance near school, concurrent to four years for involuntary manslaughter in one case. In the second case he is serving five years for possession of controlled substance at county jail, consecutive to the first sentence.

Kimberlin Bailey vs. Daryl Bailey, dissolution of marriage; transcript judgments have been filed by LIRC, Division of Employment Security, against each of the following: Barney Robert Esbeck and Mark A. Smith.

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. Judge Daren Adkins presided over the following cases:

Charles N. Burrell, St. Joseph, driving while intoxicated, $500, one day jail (board bill paid by defendant).

Bryce E. Carder, Gallatin, possession of marijuana, 48 hours jail, board bill paid by defendant; speeding 97 mph in 55 mph zone, 48 hours jail, board bill paid by defendant, $200 fine; minor visibly intoxicated, suspended imposition of sentence, two years probation, 30 hours community service.

Nicole R. Dyer, Albany, probation violation on original charge of peace disturbance, probation revoked, 48 hours jail, $25.

Sophia M. Contreras, Kansas City, Kan., speeding 105 mph in 70 mph zone, 48 hours jail, board bill paid by defendant, $250.

Tesla Davis, Altamont, possession of marijuana, 48 hours jail, board bill paid by defendant.

Moses W. Jonassen, Gallatin, tampering with witness, 10 days jail, board bill paid by defendant.

Yvette M. Frederick Glenwood, possession of marijuana, eight days jail, $25; possession of paraphernalia, eight days jail, $25.

Michael Hullinger, Cameron, fishing without permit, $13.

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 $4,451.00 for 69 cases. Total fines assessed for defendants who reside in Missouri was $2,712.00 for 43 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: Richard A. Hardy, St. Joseph, $28.50; Dimitri J. Moir, Kansas City, $28.50; Laura N. Gowans, Lee’s Summit, $28.50; Jessica L. Huskey, Jamesport, $28.50; Samatha L. Palmer, Henrietta, $28.50; Macvilla E. Phillips, Kansas City, $28.50; Robert J. Morales, Kansas City, $28.50; Shalynn B. Ebelsheiser, Kansas City, $28.50; Joey E. Thompson, Jr., St. Joseph, $58.50; Daniel M. Bulgarelli, $58.50; Bobby R. Wilcox, Cameron, $28.50; Hannah J. Wouthers, Pleasant Hill, $58.50; John W. Stricklin, Independence, $58.50; Michael E. Wood, Polo, $58.50; Shari A. Roper, Lee’s Summit, $58.50; Jennifer L. Legg, Kansas City, $88.50; Jared W. Vnbuskirk, Lee’s Summit, $88.50; Kathryn A. Holsen, Grandview, $88.50; Martin D. Kern, Raymore, $88.50; Gaetano V. D’Angelo, Kansas City, $88.50; Michael J. Dunks, Jamesport, $118.50; Cameron Cooper, Kansas City, $118.50; Erica J. Wallace, Kansas City, $118.50.

No insurance: Dominque D. Kuykendall, Raytown, $103.50.

No seat belt: Tory R. Polley, Ridgeway, $10; Ronald L. Miller, Trenton, $10; Branden L. Rairden, Jameson, $10; Stephen A. Wood, Gallatin, $10; Blaine J. Peery, Bethany, $10.

Failed to register motor vehicle with DOR: Taylor A. Sheldon, Gallatin, $38.50; Rydel T Vandyke, Kansas City, $38.50; Samuel G. Moore, Bethany, $68.50; Edward D. Nickell, Green City, $38.50.

Vision reducing material: Chelsea J. Brown, Mercer, $28.50.

Failed to display valid plates: Wolfgang A. Schaller, Kansas City,28.50; Darrell L. Harris, Gilman City, $41.50.

Speeding amended to defective equipment: Gannon P. Brown, Lee’s Summit, $141.50; Rustyn L. Plunkett, Columbia, $141.50; Gregory A. Myers, Platte City, $200; Ernesto L Rosaa, Kansas City, $190.

Daniel W. Gaddis, Kearney, displayed plates of another, $78.50, and no seat belt, $10.

Bradley D. Hosman, Kidder, speeding $88.50 and no seat belt, $10.

Municipal Division

Court cost for moving violation $32.50; non-moving $29.50.

Speeding: Chris L. Vanderau, Cameron, $57.50.

Failed to stop at posted stop sign: Jared B. Lamma, Trenton, $27.50; Ashley L. Beck, Gallatin, $27.50.

Dog at large: Robin Y. Wood, Gallatin, $7.50; Emma M. Anderson, Gallatin, $7.50.

Failed to register with DOR: Vickie L. France, Gallatin, $47.50.

Eric L. Comstock-Eskridge, minor in possession, SIS, 2 years court supervised probation, 30 hours community service.

Aaron S. Mort, Gallatin, failed to obey police officer in funeral procession, bench trial with Judge Valbracht. Court finds defendant guilty beyond reasonable doubt. Defendant fined $60.00.

Larry W. Smith, Cameron, Possession of controlled substance, 3 days jail.

Kyle L. Curtis, Gallatin, operating vehicle with no lights after dark, $7.50; leaving scene of accident, $167.50; operating motorized bike with no helmet, $7.50; C & I resulting in accident, $47.50; operating motor vehicle while license is suspended or revoked, $167.50.

Kyle L. Curtis, Gallatin, minor in possession, SIS, 2 years probation, 30 hours community service.

Jacob A. Gienapp, Gallatin, littering, SIS, years probation and 30 hours of community service.

Civil Court

Breach of contract: A consent judgment was entered for LVNV Funding LLC and against Jacquelyn A. Bell. Citibank (South Dakota) N.A. vs. Leona L. Bird was dismissed by the parties.

Suits on account: A default judgment was entered for Midland Funding LLC and against Randy L. Ott. Midwestern Health vs. Douglas B. Youtsey was dismissed by the parties.

Replevin: Wachovia Dealer Services Inc. Vs. Daniel Gingerich was dismissed by the parties.

Small Claims: Jenny Youngs vs. Chillicothe Beauty Academy Inc. was dismissed by the parties.

Land Transfers

Warranty Deeds

Partial lots in Gallatin from Douglas K. Smith to Tony Moore; tract in Colfax Township from Enos and Kathryn Miller to Enos and Kathryn Miller and Emily Schrock, to hold as joint tenants with right of survivorship between the couple and the individual; partial outlot in Gallatin from Helen Irene Hardin and Linda and Melvin Sehrt to Helen Irene Hardin and Linda I. Sehrt as joint tenants and not as tenants in common; Lake Viking lots #667 and #668 from Kenneth and Carolyn Fisher to Kenneth and Carolyn Fisher as trustees of the Kenneth E. Fisher and Carolyn L. Fisher revocable living trust; lot in Union Township from Wood Sand and Construction LLC to Chuck and Kim Ness; tract in Jefferson Township from Duane R. and Beverly J. L’Hommedieu to David J. Simecek; tract in Jefferson Township from David J. Simecek to Duane R. and Beverly J. L’Hommedieu; tract in Jefferson Township from Duane R. and Beverly J. L’Hommedieu to Paul and Dawnelle L. Rohde; tract in Jamesport Township from GMAC Mortgage LLC to Federal National Mortgage Association.

Trustee’s Deed

Tract in Lincoln Township and tract in Salem Township from Keith Sutton, successor trustee of the Georgia Sutton Trust, to Norman K. and Nancy J. Sutton.

Beneficiary Deeds

Partial lots in Gallatin from Tony Moore to Jason Moore; Lake Viking lot #2380 from John and Barbara Lutz to Lisa C. Lutz, Stephen J. Lutz , Laura B. Lutz and John A. Lutz.

Trustee’s Deed under Active Trust

Partial lots in Gallatin from Mary F. Weldon as trustee of the Weldon Family Trust to Herbert II and Sherry Carpenter.