O.D. Keaton

83 year old O.D. Keaton of Old Hickory died Wednesday. He was a member and deacon of the Dowelltown Baptist Church. He was also a U.S. Navy Veteran, an avid HAM radio operator, and a lifetime member of the American Radio Relay League. Keaton was also Chief Chemist for the Water Quality Control Division of the State of Tennessee. The funeral will be Saturday at 10:00 a.m. at the Bond Memorial Chapel in Mount Juliet. Wayne Malone will officiate and burial will be in Salem Cemetery in Liberty with full military honors. Visitation will be Friday from 4:00 p.m. until 9:00 p.m. and Saturday one hour prior to the service at Bond Memorial Chapel. He was preceded in death by his parents, Oscar and Alma Tramel Keaton; his wife, Annie John Keaton; and a son, Hugh Gordon Keaton. Survivors include his children, David Keaton of Fort Worth, Texas; Loretta and her husband Donnie Walker and Brian and his wife Kathy Joann Keaton all of Old Hickory. Grandchildren, Kathryn Keaton, Clay and his wife Jennifer Keaton, Daniel Keaton, Mitchell Keaton, Melodie Keaton, Ladonne Walker, and Deanna and her husband Jason McGill. A great grandchild, Tyler Clay Keaton and step-grandchildren, Richard A. Van Oden and Jeremiah R. Mull. The Bond Memorial Chapel in Mount Juliet is in charge of the arrangements. This information provided as a courtesy of DeKalb Funeral Chapel.

Two Airlifted to Erlanger Hospital After Thursday Night Crash

Two people were seriously injured a one car crash on South College Street in Smithville Thursday night.
Trooper Allen England of the Tennessee Highway Patrol says 28 year old Michael Todd Jones of Smithville, the driver of a 1991 Chevy Cavalier, was traveling north when he lost control, dropped off the left shoulder of the road into a ditchline, struck a driveway culvert, went airborne, and then hit a utility pole, before coming to rest in the ditch on the west side of the road. The accident, which was reported around 6:15 p.m., occurred near the intersection of Jennings Lane.
Jones was trapped in the car and had to be extricated by members of the Smithville Volunteer Fire Department’s extrication and rescue team.
Both Jones and the passenger, 32 year old Amy Jo Scott of Smithville were airlifted from the scene by a Life Force Helicopter Ambulance and flown to Erlanger Hospital in Chattanooga. The accident remains under investigation and charges are pending.
Others on the scene, in addition to Trooper England, the Smithville Volunteer Fire Department, and Life Force, were First Responders, DeKalb EMS, Smithville Police, and the Sheriff’s Department.

Annie Odell Summers

79 year old Annie Odell Summers of Dowelltown died Wednesday at Middle Tennessee Medical Center. She was a homemaker. The funeral will be Friday at 1:00 p.m. at the Chapel of Love-Cantrell Funeral Home. Burial will be in Whorton Springs Cemetery. Visitation will be Thursday from 11:00 a.m. until 9:00 p.m. and Friday from 9:00 a.m. until 1:00 p.m. She was preceded in death by her parents, Roscoe and Agnes Buckner Pedigo; two sisters, Frances Bandy and Carrie Inez Pedigo; and four brothers, Aaron, Ed, Norville, and Elsie Pedigo. She is survived by her husband, James Summers of Dowelltown. Two daughters, Barbara Summers of Brush Creek and Brenda Sue and her husband Wayne Petty of Smithville. Two sons, David and his wife Monica Summers of Dowelltown and Eddie and his wife Jean Summers of Watertown. Eight grandchildren, twelve great grandchildren, and one great great grandchild. Three sisters, Kanzada Summers of Dowelltown, Lorene Chasteen of Winchester and Maria Luna of Smithville. One brother, Elvis Pedigo of Smithville and several nieces and nephews. Love-Cantrell Funeral Home is in charge of the arrangements.

John Paul Vandagriff

86 year old John Paul Vandagriff of Alexandria died Tuesday at DeKalb Community Hospital. The body is at Avant Funeral Home in Alexandria where the service will be Wednesday at 2:00 p.m. Thurman Seber will officiate and burial will be in Salem Cemetery. The family will receive friends at the funeral home Wednesday from 9:00 a.m. until the service at 2:00 p.m. He is survived by several nieces and nephews. Avant Funeral Home is in charge of the arrangements.

Grand Jury Indicts 70 Defendants

Seventy people were indicted by the DeKalb County Grand Jury this week.
Three people were named in sealed indictments.
Defendants will appear for arraignment in Criminal Court on Monday, December 17th at 9:00 a.m.
Those indicted and their charges are as follows:
Lisa K. Frasier- aggravated burglary and theft over $500
Lisa Frasier- forgery and passing a forged instrument
Ricky Johnson- statutory rape and rape
Frank Damien Hart- simple possession of a schedule VI controlled substance
Jeremie D. Johnson- aggravated assault and violation of an order of protection
Michael Chad Owens- aggravated burglary and theft under $500
Michael Chad Owens- theft under $500
Michael Chad Owens- possession of drug paraphernalia
David A. Neisz, Jr.- theft over $1,000 and violation of the sex offender registry
Mandy Renee Bly- driving under the influence (1st offense) and violation of the implied consent law
Richard Scott Adams- public intoxication, evading arrest, aggravated assault x 3, and resisting arrest
Patsy Estes McCoy- theft over $500
Patsy Estes McCoy- possession of a legend drug
Jonathan Kyle McCormick- aggravated burglary x 3, burglary, theft over $500 x 3, and theft over $1,000 x 3
Elizabeth Ann Chalfant, Denise Jauregui, and Ashley Owen- theft over $1,000, forgery, and criminal impersonation.
Elizabeth Ann Chalfant-driving while suspended, simple possession of a schedule II controlled substance, and possession of drug paraphernalia.
Marc T. Jenkins- rape
Rex Allen Graham- driving under the influence (2nd offense) and violation of the implied consent law
Kathy Jo Massengail- driving under the influence (1st offense), violation of the implied consent law, and violation of the open container law
Timmy Dale Reece- driving on a revoked license (4th offense)
Joseph W. Judd- theft over $1,000
Tina Young- aggravated burglary and theft under $500
Joseph D. Demaio- burglary, theft under $500, forgery x 2, and passing a forged instrument x 2
Dereck C. Riggs- rape of a child x 4 and aggravated sexual battery under 13 years x 2
Robin H. Russell- driving under the influence (3rd offense), driving on a revoked license (2nd offense), reckless endangerment with a motor vehicle, leaving the scene of an accident with property damage x 3, and violation of the implied consent law
Renee N. Fields- driving under the influence (1st offense), DUI per se, and speeding
Ginger F. Trapp- driving on a revoked license (1st offense)
Victor Manuel Cruz- driving under the influence (1st offense), violation of the open container law, and violation of the implied consent law.
Richard A. Schilt- driving under the influence (2nd offense), driving on a revoked license (1st offense), and violation of the implied consent law
Anthony W. Tramel, Jonathan D. Thomas, and David M. Caldwell- aggravated burglary, theft over $1,000 x 2, and burglary
Todd Odell Hindsley- driving under the influence (2nd offense) and violation of the implied consent law
Michael D. Dirden- theft over $1,000 and filing a false report
Jackie Mark Mullican- driving on a revoked license (2nd offense) and violation of the stop sign law
Jackie M. Mullican- driving under the influence (4th offense), DUI per se, and driving on a revoked license (2nd offense)
Shannon L. Newby- possession of drug paraphernalia and violation of the stop sign law
John W. Braswell- possession of a schedule II controlled substance for resale, possession of a schedule II controlled substance for delivery, possession of drug paraphernalia, and possession of a legend drug.
Amanda M. Riley- theft under $500 and driving on a revoked license (1st offense)
Erik C. Suarez- driving on a revoked license (1st offense)
Larry Lee George- evading with a motor vehicle, reckless endangerment, driving on a suspended license, improper passing, and violation of the light law
Larry Lee George- leaving the scene of an accident with property damage
Larry Lee George- escape, aggravated burglary, theft over $1,000 x 2, and theft under $500
Paula Lynn Almasri- reckless endangerment
Amanda M. Riley- driving on a revoked license (1st offense)
Treva J. Hartman- driving on a revoked license (1st offense)
Virginia D. Ayala- driving under the influence (1st offense)
Danny L. Smithson- driving on a revoked license (5th offense)
Frank S. Smith- driving under the influence (1st offense) and violation of the implied consent law
Bobbie S. Wilson- driving under the influence (1st offense)
James M. Reynolds- driving under the influence (1st offense) and public intoxication
Alvin Douglas Sink, Jr.- manufacturing a schedule II controlled substance (meth), possession of a schedule II controlled substance for resale, and possession of a weapon to go armed
Steven E. Anderson- aggravated statutory rape and evading arrest with a motor vehicle
Justin L. Blevins- driving under the influence (4th offense), violation of the implied consent law, child endangerment, simple possession of a schedule VI controlled substance, simple possession of a schedule IV controlled substance, and possession of drug paraphernalia
Stephen Brannon and Justin W. Marek- theft over $1,000
Justin W. Marek and Stephen Brannon-burglary and theft over $500
Jason D. Campbell- sale of a schedule III controlled substance and delivery of a schedule III controlled substance
Kara L. Funk- possession of a schedule II controlled substance for resale, possession of a schedule II controlled substance for delivery, possession of a schedule III controlled substance for resale, possession of a schedule III controlled substance for delivery, possession of a schedule VI controlled substance for resale, possession of a schedule VI controlled substance for delivery, possession of a schedule IV controlled substance for resale; possession of a schedule IV controlled substance for delivery, and possession of drug paraphernalia.
Homer Petty- sale of a schedule II controlled substance, delivery of a schedule II controlled substance, and possession of drug paraphernalia
Ernest E. Hill- burglary and theft over $1,000
Ernest E. Hill- escape
Christopher L. Gammons- theft under $500, forgery x 6, and passing a forged instrument x 6
Charles R. Wilmoth- aggravated burglary and theft over $1,000
Christopher Bryan Pack- simple possession of a schedule VI controlled substance
Kole B. Laxton- driving under the influence (1st offense), violation of the implied consent law, and reckless endangerment
Carl W. Presley- driving on a revoked license (1st offense)
Jeffrey L. Brashears- driving under the influence (1st offense) and violation of the implied consent law
Joshua S. MacDonald- driving under the influence (1st offense), and DUI per se.
Roxanne Hendrixson- possession of a schedule II controlled substance for sale, possession of a schedule II controlled substance for delivery, and possession of drug paraphernalia
Larry D. Lepley- violation of the sex offender registry law
Joel Thomas Hayes- driving under the influence (1st offense), possession of a schedule III controlled substance for resale, possession of a schedule III controlled substance for delivery, and possession of drug paraphernalia
Martin O. Bryant- speeding, possession of a schedule VI controlled substance for sale and possession of a schedule VI controlled substance for delivery.
Bill Bailey Swaner and Charlotte Marie Hill- theft under $500

O.M. Jackson

82 year old O.M. Jackson of Sparta died Tuesday at the Alvin C. York Medical Center in Murfreesboro. He was a member of the Peeled Chestnut United Methodist Church and a U.S. Navy Veteran. Jackson was also a retired carpenter, farmer, and a construction worker. The funeral will be Thursday at 1:00 p.m. at the Peeled Chestnut United Methodist Church. Tommy Davis and Michael Hale will officiate and burial will be in the Peeled Chestnut Cemetery. Visitation will be Wednesday from 2:00 p.m. until 8:00 p.m. at the funeral home. The body will be taken to the church on Thursday with visitation from 9:00 a.m. until the time of the service at 1:00 p.m. He was preceded in death by his parents, H.W. and Callie Billings Jackson and his wife, Covita Burrus Jackson. Survivors include a daughter and son-in-law, Judy and Joe Oakley of Sparta. Two grandsons, Joe Derek Oakley of Smithville, Daren and his wife Tabitha Oakley of McMinnville. Three great grandchildren, Kristen, Mara Jade, and Tavia Oakley. One sister, Polly Park of St. Claire Shoes, Michigan. DeKalb Funeral Chapel is in charge of the arrangements.

Keaton Charged in Undercover Drug Investigation

A 57 year old man was arrested Monday in an undercover drug investigation by the Sheriff’s Department.
Sheriff Patrick Ray says Larry Junior Keaton is charged with sale and delivery of a schedule II controlled substance (Dilaudid). His bond is set at $75,000 and his court date is December 13th.
According to Sheriff Ray, the DeKalb County Sheriff’s Department executed a search warrant Monday at Keaton’s residence at 1662 South Tittsworth Road, Smithville. As a result of the undercover operation, at least one controlled drug buy was made from the home.
The warrant states that “On or about November 27th, 2007, the DeKalb County Sheriff’s Department made a controlled drug buy of a schedule II drug (Dilaudid) from Larry Keaton at his residence at 1662 South Tittsworth Road in DeKalb County. A confidential informant who was wired was given recorded funds (money) and did purchase dilaudid from Larry Keaton.”
During the search, detectives seized cash and records believed to be evidence of the illegal drug trade.

Council May Lift Ban on Fireworks Sales In City

The sale of fireworks may soon be permitted within the city limits of Smithville.
Since 1982, the city has prohibited the sale of fireworks but in recent weeks Jewel Redman, owner and operator of Jewel’s Market on South Congress Boulevard, has requested more than once that the ban be lifted to give city businesses and others the same opportunity to sell fireworks as those outside the city limits.
Monday night, the board voted to have an ordinance prepared to repeal the ban, paving the way for passage of a new one that authorizes the sale of fireworks with specifics on rules and regulations.
Aldermen Willie Thomas, Jerry Hutchins Sr., and Tonya Sullivan voted for it. Alderman Cecil Burger voted no and Alderman Steve White refrained from voting, citing a conflict since he sells fireworks outside the city during the Fourth of July each year.
In other business, the board adopted a budget amendment ordinance on first reading to appropriate money for the purchase and installation of a sprinkler system at the golf course. If approved on second and final reading, the city will spend $215,000 taking $88,000 from the golf course checking account and $127,000 from the general fund account to pay for the project.
Aldermen Thomas, Hutchins and Sullivan voted for it. Aldermen Burger and White voted against it.
Final passage of the ordinance will be scheduled during the next meeting on Monday, December 17th at 7:00 p.m. following a public hearing.
Alderman Sullivan has apparently given up on her idea of the city possibly purchasing the Magnolia House as a community center for youth, senior citizens, and the public at large.
Monday night, Sullivan asked that the board take no action on it. She said “Parking is going to be an issue and some of the citizens have expressed that they would prefer something more like a gymnasium type (building) that would hold more people and have more functions, so I would not like to take any action on the Magnolia House and would look forward to the city and the county working together to try and meet the needs of the citizens”.
In other business, Alderman Sullivan again expressed her concern about the recent transfer of a sewer treatment plant employee, Roger Shaffnit, to the water treatment plant, without board approval.
Sullivan says Shaffnit is not certified. “When we advertised, we advertised for a certified water plant operator. In the requirements, it said you must be certified.”
Mayor Taft Hendrixson and Alderman White said the notice made reference to the city seeking an operator or trainee.
Sullivan continued, “At this point, because he’s not certified, I would like for him (Shaffnit) to be moved back to the position he was previously in. I would like for him to continue working. I’ve heard nothing but good things about Mr. Shaffnit, but he needs to be certified. He’s responsible for our drinking water, making decisions, our quality of water is dependent on that and it’s unfair to put him in that position.”
Alderman White pointed out that Shaffnit is trying to become certified.
Mayor Hendrixson added that Shaffnit is due to take his test in May.
Sullivan contended that the city should have conducted interviews of the twenty five persons who applied for the position.
Mayor Hendrixson responded “We didn’t get any certified operator applications.”
Sullivan suggested that the city could keep Shaffnit in a trainee position, not leaving him with full responsibility, and still fill the position with someone who is certified.
Alderman White made a motion that Shaffnit’s transfer as a water plant trainee be made official. Alderman Burger offered a second to the motion. Aldermen Sullivan and Hutchins voted in favor, but Alderman Thomas voted no
Sullivan also asked to meet with Secretary-Treasurer Hunter Hendrixson to review the budget to see if there is room for another employee at the water treatment plant. She added ” I want to look at the overtime that is put in there. There’s a lot of stress there and this (another employee) may alleviate some pressure.”
Police Chief Richard Jennings has requested that the city employ an investigator and possibly a school resource officer at the middle school.
Sullivan said the city should proceed with advertising for the hiring of an investigator but that funding for the SRO position could wait until next year’s budget.
This year’s budget includes funds for up to twelve officers working eight hour shifts, but in recent months the police department’s eight officers have been working in twelve hour shifts.
Officer Callie Matthews, the ninth officer in the department, has been off duty since she was involved in a fatal accident earlier this year. She has since been given a medical clearance for light duty work. However, since there are apparently no light duty jobs for a police officer, she has not yet been put back to work by the city council.
Aldermen Sullivan, Hutchins, Thomas, and Burger voted in favor of advertising for an investigator, but Alderman White voted no. White is not opposed to it but prefers to wait until the city makes a decision on the fate of Matthews.
The aldermen also voted to hire a certified recorder to help Secretary-Treasurer Hunter Hendrixson take the minutes of the meeting, at least until he completes his certification.
Alderman Hutchins made the motion. “We’ve been having some problems with the minutes and I would like to make a motion that we get a certified recorder to be present at the board meetings until Mr. Hendrixson gets through his schooling since we have had some confusion with the minutes.”
A certified recorder was already in place during Monday night’s meeting before the council took action, and no mention was made of how much her pay would be, or whether the service needed to be advertised for competitive bidding.
Alderman Hutchins, Thomas, and Sullivan voted for the certified recorder. Aldermen Burger and White voted against it.
Meanwhile, Alderman Thomas took issued with Secretary-Treasurer Hendrixson for not interviewing all applicants for the positions of Police Secretary-Records Clerk and General Secretary.
Hendrixson explained that ” We recently put in the paper (advertised) two positions at city hall. We had 45 applications for police secretary and 32 applications for the general secretary position. We held several interviews. We didn’t interview every one of them. The charter/code for the city allows the treasurer, commissioners, and mayor to go through the applications, and interview the ones we feel may be best for the job.”
City Attorney John Pryor added that the charter does not require all applicants to be interviewed.
Alderman Thomas wanted to table any action to fill those positions until all applicants were interviewed. “I think everybody needs a shot at it. I think if you put out an application, you should interview all of them.”
Hendrixson says while not all applicants were interviewed, all applications were reviewed.
The aldermen voted 3 to 2 to hire Dana England as General Secretary, Beth Adcock as Police Secretary/Records Clerk, and James Storie as full time Sanitation Collector. In all three cases, Aldermen White, Burger, and Sullivan voted for them to be hired while Aldermen Thomas and Hutchins voted no.
After the vote, Alderman Sullivan said the city must be consistent with it’s hiring process. “I think Hunter has tried to follow what the code and charter say but the code and charter is very vague about who is supposed to be present for interviews, how many people are supposed to be interviewed, and what the process is that we are supposed to be following. We have not been consistent with our hiring process.”
In other matters, the aldermen voted to make an emergency purchase at the water treatment plant. City officials say the condition of the filter valves have deteriorated and should be replaced with new electronically operated valves. Mayor Hendrixson says the city has $200,000 in the budget to make the needed repairs. The vote to make the appropriation was 4 to 1. Alderman Thomas voted no.
The aldermen also voted to authorize the city’s engineering firm, the J.R. Wauford Company to apply to the U.S. Army Corps of Engineers for a permit to obtain a floating intake and to explore the costs of such a pump. If the lake level falls below 618 feet (above sea level), the minimum depth for the city to produce finished water at an acceptable rate, more than 16,000 customers served by the city and the DeKalb Utility District could be affected.
Mayor Hendrixson says the lake was at 625 feet (above sea level) as of Monday, but the fear is that the lake will fall to 618 or below over time if drought conditions worsen during the repair phase of Center Hill Dam, when the Corps plans to keep the lake level lower.
The aldermen approved the mayor’s appointment of Kay Quintero to fill the unexpired term of the late Dr. Jerre Hale on the Smithville Housing Authority Board. The term expires in December, 2008.
Jimmy Ervin was also reappointed to the Smithville Housing Authority Board to a new five year term.
The city board approved on first reading an ordinance to rezone the property of James Cantrell at 1100 South College Street from B-1 neighborhood shopping, to B-2 general business. Second and final reading action will follow a public hearing at the next meeting on December 17th.
The council also adopted on first reading ordinances adopting the International Residential Code, International Plumbing Code, and an ordinance establishing conditions for the temporary parking of recreational vehicles in mobile home parks. Second and final reading action will follow public hearings at the December 17th meeting.

Baker Gets 16 Years in Child Rape Case

A Smithville man pleaded guilty on Monday in DeKalb County Criminal Court to the rape of a child and aggravated sexual battery.
Judge David Patterson sentenced 33 year old Steven J. Baker to 16 years on the rape charge and 10 years on the aggravated sexual battery offense. The sentences are to run concurrently as one 16 year sentence.
Baker was given credit for days served since December 8th, 2006.
Former Smithville Police Chief Thomas J. Stufano, in a prepared news release last December, stated that” Officers working with the Department of Children Services had been investigating a third party report suggesting that Baker had possibly been sexually active with a 12 year old family member.”
“Upon contacting Baker, the investigators were able to determine that he had a lengthy liaison over the last three years with the minor and other female juveniles living around his residence”.
Chief Stufano said “Baker would lure the children into watching pornographic films and then enter into childish touching games that eventually led to more aggressive sexual contact.”
According to Stufano, “During the course of this investigation, Baker admitted to his past sexual contacts with children.”
In other cases Monday, Gary Gilmore Britt pleaded guilty to sale of controlled substance. He received a four year sentence to serve six months and then be on probation. However, the sentence is to run consecutive to a violation of probation against him in which he must serve 11 months and 29 days. Britt must perform 100 hours of community service work and undergo an alcohol and drug assessment. He was also fined $2,000.
47 year old Nickey R. Cantrell pleaded guilty to simple possession/ casual exchange and received a sentence of 11 months and 29 days, all suspended. He must make restitution of $40. The sentence is to run consecutive to all other DeKalb County convictions against him.
38 year old Michael L. Vance pleaded guilty to evading arrest and received a two year sentence in the Tennessee Department of Corrections. The sentence is to run consecutive with a violation of probation against him. He was given credit for 157 days served from November 29th, 2006 to May 4th, 2007.
28 year old Robert A. Goff pleaded guilty to sale of a schedule II controlled substance. He received a three year sentence, all suspended to DOC probation except for 120 days to serve. He was fined $2,000 and must make restitution of $80 to the DeKalb County Sheriff’s Department. Goff must also perform 100 hours of community service work. The sentence is to run consecutive to a White County case against him. He was given credit for days served since June 30th.

One Man Seriously Wounded in Sunday Assault-Two Men Charged in the Case

A Holmes Creek Road man was seriously wounded in an assault Sunday and the two men accused of attacking the victim have been arrested.
Sheriff Patrick Ray says upon arrival at the scene on Holmes Creek Road, officers found the victim, 29 year old Billy Joe Madden bleeding from wounds on his head and his neck. After an investigation by deputies,, 43 year old Walter Hartman of Man Hill Road, Dowelltown and 24 year old Johnny Lynn DeVault of Talpha Drive, Dowelltown were arrested.
Sheriff Ray says it is alleged that Madden was at home and was attacked on the outside of his residence by Hartman and DeVault. Hartman allegedly held a knife to Madden’s throat and told Madden if he moved, he (Hartman) would cut his throat. As Hartman held Madden, DeVault allegedly struck Madden on the head with a tire iron causing Madden to suffer bodily injury.
After the attack, DeVault and Hartman fled the scene and Madden went into his residence, awoke family members who were asleep in the residence at the time, and told them to call for help. Madden was transported to Vanderbilt Hospital by air ambulance. Hartman and DeVault were arrested a short time later.
Hartman was charged with Especially Aggravated Kidnapping and DeVault was charged with Aggravated Assault. Bond for both was set at $50,000 each and both are scheduled to appear in General Sessions Court on December 20th.
Meanwhile, 44 year old Bruce Graustein of Statesville Road, Watertown was arrested on Tuesday, November 27th for theft of property over $1,000
Sheriff Patrick Ray says a theft was reported last Tuesday from a Walker Creek residence. Someone had entered a building and stolen numerous shop tools, including, an air compressor, chainsaw, and other hand tools.
Later that day, the DeKalb Sheriff’s Department received a tip where Graustein lived and found that he had possession of the tools and was painting the stolen tools in an attempt to disguise their identity. Local officials contacted the Wilson County Sheriff’s Department and deputies there found Graustein and the stolen tools.
Through an investigation, DeKalb County Detectives learned that Graustein had worked on the victim’s home at Walker Creek a few weeks ago and had knowledge that the victim would be out of town.
Graustein’s bond was set at $10,000 and his court date is December 6th.