Andrew Cooper Wins Tennessean Regional Spelling Bee

Andrew Chaffin Cooper, a fourth grader at Northside Elementary School, won the Tennessean Regional Spelling Bee Friday at the Massey Performing Arts Center at Belmont University in Nashville.
Cooper correctly spelled the word “kielbasa” to claim the championship.
He is the son of Dr. Steven and Martha Cooper of Smithville.
Both Cooper and Ashli Chew represented DeKalb County in the Regional Spelling Bee. Students from thirty nine other counties also participated.
Chew, another fourth grader at Northside Elementary, was winner of the 5th Annual DeKalb County Spelling Bee held last month at the high school. Cooper was the runner-up.
Chew is the daughter of Lori and Kelvin Page of Smithville and George and Janna Chew of Murfreesboro.
As the winner of the Regional Spelling Bee, Cooper received a one hundred dollar savings bond, a Webster’s Third New International Dictionary, and a first place trophy. Andrew will compete in the Scripps Howard National Spelling Bee in Washington D.C. May 25th through May 31st with all expenses paid by the Tennessean Newspaper.

State Takes Action Against Man and Related Businesses Who Provided Unlicensed Legal Services to Hispanic Immigrants Here

Tennessee Attorney General Bob Cooper, acting on behalf of the Division of Consumer Affairs, has filed a civil law enforcement action against Elmer Virula for allegedly providing legal services without a license to members of the Hispanic immigrant community in Smithville and Davidson County.
The Attorney General has filed suit against Elmer Virula, TPS Tax Professional Services, Inc., and Office Professional Services, Inc. in Davidson County Circuit Court. The defendants are charged with the unauthorized practice of law for allegedly providing services from their
offices located on South Mountain Street in Smithville, Billingsgate Road in Antioch, and Nolensville Pike and Thompson Lane in Nashville. The State’s lawsuit alleges the defendants falsely told consumers that Elmer Virula is an attorney and certified public accountant in the State of Tennessee.
The complaint also alleges the defendants misled consumers, claiming they could provide legal services such as immigration document preparation, marriage licenses and other government certificates, which were falsified.
State officials said if you paid Elmer Virula, TPS Tax Professional Services, Inc., or Office Professional Services, Inc. for services, please contact the Tennessee Attorney General’s Office at (615) 741-1671 or toll free within Tennessee at 1-877-275-7396. The State is still trying to
determine how many consumers may have paid Virula and the related businesses
for services he allegedly did not provide.

Senate Judiciary Approves Sen. Beavers’ Bill to Automatically Revoke Driving Privileges of Drunk Drivers

The Senate Judiciary Committee has approved legislation, sponsored by Senator Mae Beavers (R-Mt. Juliet) that would allow law enforcement officers to immediately confiscate the licenses of drunk drivers upon arrest. Called Automatic License Revocation, or ALR, this program would be the administrative process by which the Department of Safety suspends the driver licenses of individuals who are arrested for the offense of driving under the influence of alcohol or drugs.
“The number of victims at the hands of drunk drivers in Tennessee is unacceptable,” said Beavers. “One problem is that about one-third of all drivers arrested for DUI each year are repeat DUI offenders. The National Transportation Safety Board research shows ALR is a major factor proven to reduce DUI offenses among convicted drunk drivers, therefore reducing recidivism and many unnecessary alcohol-related car crashes. This bill will go a long way to help reduce the number of drunk drivers on our roads.”
Specifically, an individual could be suspended under the bill for a blood alcohol concentration (BAC) greater than allowed by law, which is .08 for drivers 21 years of age or older; .02 percent for those under the age of 21; and .04 percent for a person operating a commercial vehicle. The bill would also apply to those who refuse to take the BAC test. In addition, the legislation would allow for an issuance of an interim permit, valid for up to 90 days after the date of issuance or until the Department or Safety revokes a driver’s driving privileges, whichever comes first.
“A state that does not have a law that requires on-the-spot license suspension of a drunk driver’s license is simply not doing all that it can to combat the tragedies drunk driving,” Beavers added. “It deters drunk driving by addressing dangerous behavior outside trial delays and plea bargains that can often plague criminal DUI prosecutions.”
In 2006, there were 1,287 fatalities on Tennessee roads with 509 due to alcohol-related crashes. Motor vehicle crashes are the leading cause of death among persons between the ages of 3 and 33, with 50 percent of those being alcohol-related.
The bill passed the Senate Judiciary Committee on a 9-0 vote. The bill must be heard and passed by the Senate Finance, Ways and Means Committee before heading to the Senate Floor for a vote.

Court of Criminal Appeals Orders Amended Judgment in Carter Case

Unless there is a further appeal, it appears a jail sentence imposed against Gary Carter will have to be reduced from 9 months to no more than 7.2 months based on an opinion by the Tennessee Court of Criminal Appeals, Middle Division.
Criminal Court Judge Leon Burns, Jr., in September 2006, sentenced Carter to two years to be served in split confinement with nine months incarceration followed by four years probation, after Carter entered a guilty plea to one count of statutory rape, involving a female, who was seventeen years old and only a few months shy of turning eighteen when the incident allegedly occurred.
Carter has remained free on bond since filing the appeal over a year ago. His name is also listed on the Tennessee Sexual Offender Registry.
In the appeal, the attorney for Carter, Hilton Conger, asked that Carter be granted probation, and not be made to serve nine months in jail.
In a February decision, the Tennessee Court of Criminal Appeals ruled that “the judgement of the trial court is affirmed as to the denial of judicial diversion and full probation.” However, the court further ruled that “the trial court erred in the imposition of nine months of incarceration.”
According to the court, “The period of time ordered to be served in split confinement cannot exceed the defendant’s release eligibility date. The release eligibility date for a Range I standard offender receiving a two year sentence is 7.2 months less certain sentence credits. The record clearly establishes that the defendant was sentenced to nine months, this sentence breached state law and the defendant’s liberty would be restrained longer than permitted by law, the issue was not waived, and consideration of the error is necessary to do substantial justice. Accordingly, we reverse the judgment to the extent that the defendant was ordered to serve nine months of incarceration and remand this matter to the trial court to enter an amended judgment setting the defendant’s split confinement sentence at 7.2 months. All other portions of the judgment are affirmed.”
Conger, in his written argument filed with the higher court, said the trial court erred in denying Carter probation, especially since Carter had no previous criminal record. Conger wrote, ” Despite the overwhelming evidence in the record that the appellant (Carter) was a favorable candidate for alternative sentencing, the trial court ambiguously ignored the presumption and failed to articulate in the record its reason or reasons for doing so.”
Conger also claimed that the trial court “abused its discretion when it summarily denied the appellant’s application for Judicial Diversion without specific consideration, on the record, of the relevant factors required under Tennessee Law. Even if sufficient evidence exists to support the denial of Judicial Diversion, the trial court must state its reasons for its denial of Judicial Diversion. It is clear from the record that the trial court failed to weigh all of the factors necessary prior to making its determination that the appellant’s application for Judicial Diversion would be denied.”
According to Conger, “requiring the appellant to serve nine months would require a complete disregard for the laws and statutes of the State of Tennessee and would cause the appellant and his family to suffer without his income to support them. The appellant has learned a humiliating, humbling and frightening lesson in life which has taken it’s toll on him emotionally and physically. The comments of the Assistant District Attorney and of the trial court, on the record, support the appellant’s contention that he will return to the exemplary life that he enjoyed prior to the date in question. The chances that the appellant will engage in future criminal conduct are extremely remote. Additionally, the appellant has expressed sincere remorse for his actions, and has taken full responsibility.”

Ione Spencer Calhoun

94 year old Ione Spencer Calhoun of Smithville died Thursday at DeKalb Community Hospital. She was a teacher for 40 years with the DeKalb County School System, a member of the Retired Teachers Association, Smithville Businesses and Professional Women’s Club, and a member of the Smithville First Baptist Church. The funeral will be Sunday at 1:30 p.m. at the Chapel of Love-Cantrell Funeral Home. Burial will be in DeKalb Memorial Gardens. Visitation will be Saturday from 2:00 p.m. until 5:00 p.m. and Sunday from 12:30 p.m. until the time of the service at 1:30 p.m. She was preceded in death by her parents, Willie and Sarah Foutch Spencer; three brothers, Willie Jewel, Dewey, and Rhenix Spencer; three sisters, Sally Elledge, Pauline Taylor, and Beuna Vaughn. Survivors include one daughter, Lynn Rooker of Murfreesboro. One grandson, Stephen Ashburn of Smithville. Several nieces and nephews also survive. Love-Cantrell Funeral Home is in charge of the arrangements. The family has asked that donations be made to the Smithville First Baptist Church building fund, in lieu of flowers.

Bessie Lola (Thompson) Smith

87 year old Bessie Lola (Thompson) Smith of Cookeville died Monday at Cookeville Regional Medical Center. The funeral will be Wednesday at 2:00 p.m. at Crest Lawn Funeral Home in Cookeville. Charles Jones and James Eidson will officiate. The family will receive friends Tuesday from 2:00 p.m. until 9:00 p.m. and Wednesday from noon until 2:00 p.m. at the funeral home. She was preceded in death by her husband, her parents, three brothers, Freeman, Sherman, and Clifton Thompson; two sisters, Veechel Stringfellow and Mary Lou Katong; and two sons-in-law, Bobby Huffines and Johnny Harris. She is survived by five daughters, Mary N. Huffines of Cookeville, Betty Ann Harris and Linda R. Cronk of Gallatin, Myrl S. Dyer of Cookeville, and Hazel Jean Greenwood of Gainesboro. Two sons, Robert Morris Smith of North Highland, California and Raymond Carl Smith of Cookeville. Five sisters, Trudy Zilphia Barlow of Cookeville, Norma Jean Smith of Gainesboro, Ruby Smith of Cookeville, Villa Maxwell of Hillham, and Marcella Lancaster of Livingston. She is also survived by a host of nieces, nephews, and other friends and relatives. Crest Lawn Funeral Home in Cookeville is in charge of the arrangements.

Sosa Pleads Guilty to Abuse of a Corpse

Lillian Elezabeth Sosa will be released from jail on Monday.
The 18 year old woman who gave birth to a stillborn child on October 26th at the El Rancho Restaurant on West Broad Street where she worked, pleaded guilty by information to “abuse of a corpse” Tuesday in DeKalb County Criminal Court.
Judge David Patterson sentenced Sosa to two years, all suspended to time served. She was given credit for the 130 days she has been in custody from October 26th, 2007 to March 4th, 2008. She will be released on Department of Corrections probation Monday, March 10th.
Sosa was represented by April Craven, Assistant Public Defender, and Ben Day served as the court interpreter for Sosa, who speaks little or no English.
Sosa was initially charged with second degree murder in the death of her child, but the charge was dropped after an autopsy revealed that the infant was stillborn. Instead, Sosa was charged with abuse of a corpse, which is a class E felony.
According to Smithville Police Chief Richard Jennings, Sosa apparently locked herself in the ladies restroom of the restaurant and gave birth to the child on Friday night, October 26th. She then came out of the restroom, told her boss that she needed to leave because she was sick, and called for someone to give her a ride home. Sosa’s aunt reportedly came to the restaurant and picked her up.
Jennings says the child was discovered around 9:20 p.m. by a waitress, Karla Leon, who went into the ladies rest room to clean up, as staff were preparing to close the restaurant for the night.
Leon then reported her discovery to the manager and they called 911. Customers had already left the restaurant when she discovered the body.
Agents Billy Miller and Dan Friel of the Tennessee Bureau of Investigation were notified and joined the Smithville Police Department in the investigation later that night, and after interviewing employees, decided they needed to talk to Sosa.
After discovering where she lived, Sheriff Patrick Ray went to the address on Talley Road and picked her up around 4:00 a.m. Saturday. She was brought to the Smithville Police Department, where she was interviewed by the TBI agents.
During the questioning of Sosa through an interpreter, agents determined she was a likely suspect in the case and took her to DeKalb Community Hospital for an examination. The emergency room doctor found that she had recently given birth and suggested that she undergo emergency surgery, because she had suffered some potentially life threatening complications during the delivery.
Sosa was then transported to the Cookeville Hospital early Saturday morning, October 27th. She came through the surgery fine and was released on Monday, October 29th after which she was taken into custody.
The infant, a male, fully developed child, weighed 5 pounds, 14 ounces, and was 19 inches long. Chief Jennings says it appears the mother carried the child about eight months.
EMS personnel initially thought the baby was alive but Bill Locke, Assistant District Attorney General, says the autopsy concluded that the child was dead at the time of birth.
Meanwhile, in other cases, 44 year old Denise Juareqi pleaded guilty to criminal impersonation and will be on supervised probation for six months. She must perform 25 hours of community service work. She was given credit for time served since December 28th, 2007.
36 year old Tina Young pleaded guilty to aggravated burglary and received a three year sentence, to serve 30 days and then be on Department of Corrections Probation. She must perform 100 hours of community service work.
24 year old Johnny Devault pleaded guilty by information to reckless driving and simple possession of a schedule VI controlled substance. He received a sentence of 11 months and 29 days on the drug charge, suspended to time served and six months probation. He must pay a fine of $250. He was given jail credit from December 12th, 2007 to March 4th, 2008. Devault received a six months suspended sentence on the reckless driving charge.
25 year old Elizabeth Chalfant pleaded guilty to theft and received a two year sentence, all suspended. She must make restitution to the victim in the amount of $1,956 and perform 100 hours of community service work. She was given jail credit from July 19th to August 24th, 2007 and from January 2nd to March 4th, 2008. She also pleaded guilty to sale of a schedule II controlled substance and received a three year sentence, all suspended to six months to serve. She was fined $2,000 and must make restitution of $50 to the DeKalb County Sheriff’s Department. As part of her sentence, Chalfant will be on probation and or must successfully complete in-house treatment at a facility. Chalfant pleaded guilty to driving on a suspended license and received six months to serve. She also pleaded guilty to casual exchange and received a sentence of 11 months and 29 days, all suspended to six months to serve. Chalfant’s sentences will run concurrently, except for the theft case, which will run consecutively with the others.
34 year old Larry L. George pleaded guilty to escape, aggravated burglary, theft over $1,000, evading, and driving on a suspended license. All the cases run concurrently except the escape conviction, which runs consecutively with the others. George received a total sentence of six years to serve one year and then be on probation for five years. He will be on supervised probation by the Department of Corrections, must make restitution to the victim, perform 100 hours of community service work, and pay a $50 fine. He was given jail credit of 131 days.
37 year old Amiee D. Jobe pleaded guilty to disorderly conduct and received a 30 day suspended sentence and four months of good behavior probation.
41 year old Lisa Kylene Frazier pleaded guilty to forgery and aggravated burglary. She received a two year sentence on the forgery charge and four years on the burglary offense. The cases are to run concurrently with each other and with cases against her in Macon and Sumner Counties. She must make restitution of $550 to the victims here. Frazier was given jail credit of 231 days.
52 year old Larry Lepley pleaded guilty to attempting to violate the sex offender registry. He received a sentence of 11 months and 29 days, all suspended to probation. He must perform 50 hours of community service work which can be waived if he is unable to complete it due to a disability.
35 year old Bill Bailey Swaner III pleaded guilty to theft and received a sentence of 11 months and 29 days to serve 30 days. The case is to run consecutive to a Warren County case against him. Swaner must perform 25 hours of community service work on PSI probation. He is also restrained from going into the Walmart store. Swaner was given jail credit for January 20th through March 4th.
21 year old Kara L. Funk, charged with possession of a schedule II, III, and VI controlled substance for sale and possession of drug paraphernalia, was granted judicial diversion for three years. She will be on supervised Department of Corrections Probation and must perform 100 hours of community service work, and undergo an alcohol and drug assessment and follow the prescribed treatments.
33 year old Charlotte Marie Hill pleaded guilty to theft under $500 and received a sentence of 11 months and 29 days. She will be on PSI supervised probation and must perform 25 hours of community service work. She must also stay away from Walmart. Hill was given jail credit of 16 days.

Laney Delaine Knowles

65 year old Laney Delaine Knowles of Smithville died Sunday evening at White County Hospital. He was a member of the Mount Herman Missionary Baptist Church. The funeral will be Wednesday at 11:00 a.m. at the Chapel of Love-Cantrell Funeral Home. Paul Violet will officiate and burial will be in DeKalb Memorial Gardens. Visitation will be Monday from 4:00 p.m. until 9:00 p.m.; Tuesday from 9:00 a.m. until 9:00 p.m.; and Wednesday from 9:00 a.m. until the service at 11:00 a.m. He was preceded in death by his parents, Herman Aaron and Mary Frances Cantrell Knowles; a sister, Judy Carr; and a brother, Eddie Knowles. Survivors include two daughters, Deborah Underwood of Smithville and Cynthia Carter of Texas. Five grandchildren, Alicia and Matthew Foster and Payton France of Smithville, Dustin Hale and Josh Carter of Texas, and two brothers, Danny and Rick Knowles of Smithville. Love-Cantrell Funeral Home is in charge of the arrangements.

Imogene Cantrell Crook

69 year old Imogene Cantrell Crook of Liberty died Sunday night at DeKalb Community Hospital. She was a retired factory worker and a member of the Liberty United Methodist Church. The funeral will be Wednesday at 2:00 p.m. at the Chapel of Love-Cantrell Funeral Home. Wilson Williams will officiate and burial will be in Salem Cemetery. Visitation will be Monday from 4:00 p.m. until 9:00 p.m.; Tuesday from 10:00 a.m. until 9:00 p.m.; and Wednesday from 10:00 a.m. until the service at 2:00 p.m. She was preceded in death by her parents, Gentry and Velvo Arnold Cantrell; her husband, Charles William Crook; three brothers, Thomas, Albert, and Eddie Cantrell; and two sisters, Freda Hobbs and Dorothy Cantrell. Survivors include three sons, Wayne and his wife Darnell Crook of Smithville, Billy and his wife Diane Crook, and Ronald and his wife Kay Crook all of Liberty. One daughter, Melissa Reyes of Liberty. Eleven grandchildren, Chris Crook of Cookeville, Bradley, Darrell, Tonya, and Emily Crook all of Smithville, Dakota Ortega, Storm, Xzyver, and Kiara Reyes, Brittni Fisk, and Lindsay Crook all of Liberty. Three great grandchildren. Four sisters, Christine Todd of California, Omega Sue Sanders,Cleta Horn of Smithville, and Betty Ann Vanzina of California. Love-Cantrell Funeral Home is in charge of the arrangements.

April Patterson

31 year old April Patterson of Smithville died Saturday at her residence. She was a nurse. The funeral will be Tuesday at 3:30 p.m. at DeKalb Funeral Chapel. Burial will be in DeKalb Cemetery. Visitation will be Tuesday from 10:00 a.m. until the time of the service at 3:30 p.m. She is survived by her husband, Shawn Patterson of Smithville. Three children, Joshua, Danielle, and Justin Patterson. Her parents, David and Pam Roach of Smithville. A brother, David Nathan Roach of Smithville. Her grandparents, Gail Bishop of Smithvile and Marion Pose of Mobile, Alabama. DeKalb Funeral Chapel is in charge of the arrangements. The family asks that donations be made, in lieu of flowers, to the funeral home to help with expenses