Daviess County Courthouse News (8-10-2011)

The first order of business was the administration of the oath of office to Carl Carder, Second District Commissioner. Carder was appointed to the position by Governor Jay Nixon on Aug. 2 to fill the vacancy created by the death of Danny Heldenbrand.

Dave Allen, road and bridge department, met with the commission regarding brush removal around the county.

Denise Caven met with the commission concerning Local Emergency Planning Commission.

A Morrell Farms representative met with the commission regarding the possibility of vacating a portion of Nickel Avenue in Liberty Township. He was given a petition form.

Leon Schrock met with the commission concerning the plan for tuck-pointing of the courthouse.

Tim and Tammy Caldwell, Jefferson Township, met with the commission regarding access to their property in section 22 of that township. In the afternoon, the commission met with the Caldwells at the site of CART road 275. Since adjacent property has transferred ownership, the land is land-locked. The township board will be contacted for ditching and crowning of the roadway. Brush will need to be removed and a tube installed.

Ben Becerra, sheriff, met with the commission regarding rights-of-way on roadways, prisoner board and other issues.

The commission inspected the boiler room where repairs are needed to protect the control panels of the heating system from water. They also discussed with a contractor the repairs needed for the dome. An estimate of up to $75,000 was given.

The executed child enforcement agreement was received from the State.

The commission discussed a vacancy on the Developmentally Disabled board. Randy Sims moved to appoint Vicki Corwin to the board. David Cox seconded. Cox – yes; Carder – yes; Sims – yes.

James Lewis, bridge supervisor, reported that they will be working in Jackson and Jefferson Townships this week. They also discussed the repairs needed on the tool truck. No replacement vehicle could be found equipped to the needs of the county. Randy Sims moved to replace the motor in the existing truck. David Cox seconded. Cox – yes; Carder – yes; Sims – yes.

The semi-annual budget-to-actual reports were reviewed. Bills were audited and paid.

These are the approved minutes of Aug. 8, 2011. Randy Sims, David Cox and Carl Carder were in attendance. Minutes of the last meeting were approved.

Sheriff’s Office

The sheriff’s office was dispatched to the Phillips 66 gas station in Pattonsburg at approximately 4:30 a.m. on Aug. 4, in response to an ATV burning in the parking lot. Investigation revealed that the burned ATV and another 2012 ATV had been stolen from Rob’s Cycle located next to the station. The gate to the fenced area on the north side of the business had been locked but was found to be open. The deputy contacted the Daviess-DeKalb Regional Jail and spoke to the tower guard, who had noticed some activity at the gas station between 3 and 3:30 a.m. The investigation is ongoing.

Anthony Blurton, 23, Lawrence, Kan., was charged Aug. 9 with felony possession of controlled substance on a bond violation. He is being held on $5,000 bond.

Rodney Washington, 26, Kansas City, Kan., was arrested Aug. 6 for failure to appear on a misdemeanor charge of drug paraphernalia. He is being held on $501.50 bond.

George Depler, 27, Chillicothe, failed to appear on a felony charge of distribution of a controlled substance, in a change of venue case from Livingston County. He is being held on $50,000 bond.

Brian Wickham, 48, Marion, Iowa, was charged Aug. 4 with no valid license. He posted $500 bond.

Douglas Cunningham, 48, Independence, was charged Aug. 4 with no valid license. He posted $500 bond.

Albein Woody, 25, Albany, was charged Aug. 5 with misdemeanor no valid license. Bond was set at $500.

Robert Gilbride, 45, Olathe, Kansas, was arrested Aug. 2 for failure to appear on an original misdemeanor charge of passing bad checks, on a Bates County warrant. He posted $750 bond.

Circuit Court

During Law Day proceedings on Aug. 2 before Judge Thomas Chapman, the following cases were heard:

Probation was continued with 10 days shock time for Billy Robert Jenkins for probation violations on original charges of burglary and stealing.

Mary J. Hampton failed to appear on four felony counts of passing bad checks, and a warrant was issued.

Charlie H. Plunkett III received a suspended imposition of sentence and five years probation for felony receiving stolen property. He had plead guilty on May 3. For misdemeanor no valid license, he was fined $150 plus costs.

Probation was revoked for Patrick W. Cope for felony possession of marijuana. The previously imposed sentence of four years in the Department of Corrections was executed.

Probation was revoked for Colynn Lent for misdemeanor endangering welfare of a child and resisting arrest. She was sentenced to 15 days in the regional jail on each count, consecutive.

Krystal Leann Mann plead guilty to felony receiving stolen property and was sentenced to four years in the Department of Corrections.

George Andrew Depler failed to appear in a change of venue case from Livingston County, on an original charge of possession of controlled substance with intent to distribute. A warrant was issued, with bond set at $50,000.

John W. Babbitt was sentenced to two years in the Department of Corrections, execution of sentence suspended, for no valid license, and received five years probation. For driving while revoked, he was sentenced to three years, execution of sentence suspended, 60 days shock jail time, and five years probation.

Terry Lynn Ragan plead guilty to felony DWI and misdemeanor no valid license. A sentence assessment report was ordered.

Brian K. Lurten plead guilty to felony possession of controlled substance and misdemeanor possession of marijuana, and three misdemeanor counts of drug paraphernalia. A sentence assessment report was ordered.

Probation was revoked for William A. Asher on an original charge of felony DWI. He was sentenced to four years in the Department of Corrections.

A jury trial for Ernest W. Rash was reset to Jan. 17, 2012 for felony DWI, drinking alcoholic beverage while operating vehicle, and failure to drive within right lane.

A change of venue to Livingston County was granted to Stephen Kyle Stokes, who is charged with two counts of discharging firearm from motor vehicle, unlawful use of loaded firearm by intoxicated person, four counts of armed criminal action, stealing firearm, property damage, DWI, littering, and harassment.

Jason A. Short was sentenced to 30 years for child molestation and statutory sodomy. On two amended charges of misdemeanor assault on law enforcement, he was sentenced to 10 days jail on each count. Three charges were dismissed.

Before Judge Roger Prokes on Aug. 4, the jury trial which had been scheduled for Daniel Froman for this week was reset to Feb. 21-22, 2012. The charges are felony sexual assault and tampering with a witness in a felony prosecution.

Civil cases filed: Bridgette D. Prater, Gallatin, vs. Jesse Prater, Joplin, dissolution of marriage.

Associate Division

Michelle R. Stevens, Albany, was charged Aug. 3 with felony non-support.

Mark E. Lundy, Trenton, was charged Aug. 3 with three counts of felony passing bad checks.

Civil Court

Breach of contract: Midland Funding LLC vs. Flor Buscemi was dismissed by the parties.

Suits on account: Consent judgments were entered for Midwestern Health Management and against Clyde A. Uthe, and for Midwestern Health management and against Mike Curtis. A default judgment was entered for Midwestern Health Management and against Billy C. Arndt.

Recorder’s Office

Marriage licenses issued: Andrew Joseph Stone, Kidder, and Elysia Nadine Goodman, Gallatin.

Land Transfers

Warranty Deeds

Lake Viking lot #70 and #71 from William and Cynthia Humphreys to William G. Humphreys, trustee of the William G. Humphreys declaration of trust; tract in Sheridan Township from Alma Boyce to Joseph Dean Dowell, trustee of the Dowell Family Trust; tract in Benton Township from Gary and Nancy Summers to Mark Harold Chester; lots in Pattonsburg and tract in Salem Township from Marvin and Nita Searcy and George and Linda Hoover to Nita N. Searcy and George D. Hoover as tenants in common, each an undivided 50% interest (corrected deed); lots in Pattonsburg and tract in Salem Township, an undivided one-half interest, from Nita and Marvin Searcy to Nita and Marvin Searcy (corrected deed); tract in Jefferson Township from Timothy and Tamara Caldwell to Timothy and Tamara Caldwell; tract in Jamesport Township from Shuler Properties LLC to Richard and Shirley Maxwell.

Trustee’s Deed under Active Trust

Lots in Gallatin from William A. Mast, trustee of the William A. Mast revocable trust agreement, and Mary Beth Mast, trustee of the Mary Beth Mast revocable trust agreement, to Shelba J. Barnett, trustee of the Shelba J. Barnett revocable trust agreement.

Quit Claim Deeds

Lake Viking lot #2154 from Viking Valley Association to Randy and Pamela Constant.

Beneficiary Deeds

Lake Viking lot #1917 and #1918 from Larry and Patricia Heaps to Adrianne A. Workman and Melissa L. Peterson as tenants in common; lots in Pattonsburg and tract in Salem Township from Marvin and Nita Searcy, an undivided one-half interest, to Valorie Jo Hulet, Gail Marleen Boeff, David Vance Searcy, and Marvin Shane Searcy, an undivided 25% interest each (corrected deed); lots in Pattonsburg and tract in Salem Township, and undivided one-half interest, from George and Linda Hoover to Nicole Renee Powell, Lance Edward Hoover, and Danielle Marie Roling, an undivided 1/3 interest each, as tenants in common (corrected deed); lots in Winston from Marilyn S. Clark to Tracy S. Burke and Tara S. Youtsey, an undivided one-half interest each as tenants in common.