A 54 year old Smithville man who allegedly broke into a residence in July, 2014 received a fifteen year prison sentence as a career offender Thursday in DeKalb County Criminal Court.
Following a sentencing hearing, Judge Gary McKenzie handed down the fifteen year term for aggravated burglary against David Michael Petty as a career offender, the maximum allowed by law. Petty got another twelve years as a career offender for theft of property over $1,000. The sentences will merge as one fifteen year term. Petty must serve at least 60% of the sentence before becoming eligible for parole.
Petty stood trial and was convicted in DeKalb County Criminal Court Wednesday, December 9.
Both the trial and sentencing hearing were covered exclusively by WJLE.
After deliberating for less than an hour, a jury of six men and six women found Petty guilty of aggravated burglary and theft of property over $1,000 as charged in the indictment against him.
Because Petty has multiple previous felony convictions in several counties dating back to 1980, Assistant District Attorney General Stephanie Johnson asked the court to sentence him as a career offender. “Mr. Petty’s criminal conduct spans 35 years. He has very serious prior felony convictions. I understand they are from the 1980’s but still we have someone who has persistently violated the law and obtained criminal convictions in several different counties in our state. Mr. Petty has been active in five different surrounding counties. He previously violated and has been revoked on parole twice and probation five times. This defendant has not had any measure of success on supervised release in our community. Furthermore, while he has not been charged, he has been out on an OR bond and has admitted drug use so he has continued to involve himself in illegal activity while this case was pending trial,” Assistant DA Johnson told the court Thursday.
A co-defendant in the case, 44 year old Anthony Lynn Colwell pled guilty in July to aggravated burglary and received a TDOC sentence of eleven years at 45% before parole eligibility. The term is to run concurrently with a Warren County case against him. He was given two days of jail credit.
Sheriff Patrick Ray said at the time of their arrests that on Tuesday, July 8, 2014 Petty and Colwell broke into a residence on Man Hill Road and stole a jewelry box containing several items of jewelry which were later pawned at a local jewelry store and at a pawn shop in Warren County. Petty’s defense essentially was that while he sold the property, he did not commit the burglary and theft.
Petty’s attorney Michael Auffinger, in asking the court for leniency for his client Thursday, said that Petty was never proven to have participated in the burglary. “There was never any direct proof whatsoever that tied him to the burglary,” he said.
Auffinger also pointed out that Petty voluntarily cooperated with law enforcement officers in the burglary investigation and tried to settle the debt with one of the pawn shop owners who suffered a loss because of the case. He also said Petty suffers from significant health problems and underwent surgery last week. Auffinger asked the court to make Petty’s sentence at the “bottom of the range” of punishment allowed by law in this case.
Judge McKenzie found that due to seven prior felony convictions since 1980, which included three kidnappings, an assault with intent to commit a felony, and a grand larceny, Petty should be sentenced as a career offender
“Mr. Petty it looks to me that from 1980 to today there has been criminal behavior on your part,” said Judge McKenzie on Thursday. ” In the sentencing report there was a DUI conviction around 2003. There is a disorderly conduct in 2000. If your 1983 cases were not of a felony nature that would be one thing. If they were smaller level offenses that would be one thing but they are kidnappings. There’s an assault. And then there are some drug offenses and burglaries. There is a lot of criminal history here. Based on those seven felonies I’m going to classify you as a career offender. Most individuals go their entire lives without a single arrest. Without a single conviction. The vast majority of us go our entire lives without multiple convictions. And you’ve got seven. The prior criminal history and multiple convictions certainly weighs strong for the state. If an individual in our community gets seven prior felony offenses then there becomes a need to protect society from releasing him back,” added Judge McKenzie.
A hearing on a motion for a new trial in the case will be heard on March 21.

Candidate petitions for the August 4 elections will be available beginning Friday, January 8.
Dennis Stanley, Administrator of Elections, said petitions can be picked up as early as Friday by candidates for School Board, candidates for various positions in Smithville, Dowelltown and Liberty and for State Representative. Petitions must be returned by NOON April 7.
County offices to be elected locally in August, along with Assessor of Property and Constable, are: School board seats in districts 4, 5, and 6.
The seats are currently held by Kate Miller, W.J. (Dub) Evins and Doug Stephens, respectively.
City offices to be elected are:
In Smithville—three aldermen seats currently held by Shawn Jacobs, Josh Miller and Danny Washer;
In Dowelltown—a mayor and two aldermen. The seats are currently held by Mayor Gerald Bailiff and Aldermen Joe Bogle and Kevin Kent.
In Liberty—four aldermen seats currently held by Jason Ray, Paul Neal, Todd Dodd and J.D. Bratten.
State Representatives Terri Lynn Weaver (District 40) and Mark Pody (District 46) are also up for re-election.

The City of Smithville has been awarded a Community Development Block Grant in the amount of $500,000 to help fund a renovation of the headworks and to replace the aeration system at the waste water treatment plant.
The Upper Cumberland Development District applied for the grant on behalf of the city to the Tennessee Department of Economic and Community Development.
“We’ve met with the state’s ECD and the city has been officially approved for the CDBG grant for the wastewater plant,” said City Administrator Hunter Hendrixson during Monday night’s meeting of the Mayor and Board of Aldermen. “The last time we did an update on that was 1991 other than annual maintenance that we do. Two budgets ago we approved for J.R. Wauford Engineering, the city’s consulting engineer, to do site plans for the rehabilitation. That has already been done and the state has approved the plans although an environmental review process has not yet been completed. We’ll probably bid it out within the next two months. I expect it to be completed by year’s end. We won’t have to do any other renovations for probably another 20 to 30 years. It (waste water plant) is not as bad as the water plant was but it is getting some age on it and it needs to be updated,” he said
The total cost of the project is expected to be $2.88 million dollars. Although the grant will fund part of the costs, the bulk of the funding to pay for it will be appropriated from the city’s water and sewer fund surplus. But the renovation can be completed without any increase to water and sewer ratepayers according to Hendrixson.
Greg Davenport of the J.R. Wauford company addressed the mayor and aldermen on the proposed project in October, 2013. “The existing wastewater treatment plant was designed in 1991 and it went into operation in 1992. It has functioned very well. The operation of that plant is top notch. The operators have done a fantastic job of preserving your infrastructure. Even so there are things that wear out with time and equipment is one of those things. After about twenty years at a wastewater treatment facility, it just gets to a point where it’s time to renew it. There are really two components to the plant. The first component is the headworks which is the primary treatment. That’s the screening and grit removal. Obviously the most aggressive environment is at the front end of the wastewater treatment plant. The second component is the aeration and controls. The aeration system itself is not in a failing mode but there are more energy efficient systems out there nowadays that we feel like you ought to take a look at. This would be a more pro active project. What we’re proposing is a project that would renovate the headworks, which is the primary treatment device and then install a more efficient aeration system. My preliminary calculations on the aeration system show that it could save about $30,000 to $35,000 a year in electricity by switching over. The plant is twenty one years old. It’s time to take an assessment of it and see what needs to be done,” said Davenport.

Contrary to some recent media reports the James Lee Atwood Law (also known as the Insurance Verification Law) has not yet gone into effect.
According to the Tennessee Department of Revenue insurance verification for vehicle registration DOES NOT go into effect now. There are parts of the law that are in effect now, such as increased fines for not showing proof of insurance to a law enforcement official when a person is pulled over for a violation.
“Many news channels reported that effective January 1 County Clerks were required to have proof of insurance prior to vehicle registration. Currently County Clerks are not required to verify insurance prior to registration. However the state law for having insurance and providing proof to law enforcement is in effect,” said County Clerk James L. (Jimmy) Poss.
The Department of Revenue is still in the planning phase of developing a system for insurance verification. The law as it is currently written requires that the system be functional by January 2017.

WJLE and participating local businesses are giving you a chance to bid on and buy merchandise at a discount in the RADIO SHOPPER on Thursday, January 21.
Starting at 9:00 a.m. that morning, WJLE will be opening up the phone lines for you to bid on various items from F.Z. Webb & Sons Gifts, DeKalb County Ace Hardware, DeKalb Farmers Coop, Kilgore’s Restaurant, Bumpers Drive-In, Cantrell’s the home of Fluty and Fluty’s Shoes, and more to be added!
WJLE will set a minimum bid on each item and continue the bidding until the item is sold. The program on Thursday will be limited to around three hours. If we have more items to sell, the program will resume on another day.
If your business would like to participate, contact Dwayne Page at 615-597-4265.
It’s going to be fun and exciting! Be sure to be by your radio and your telephone on Thursday, January 21 at 9:00 a.m. and call in a bid to RADIO SHOPPER on WJLE. The program will also be streamed LIVE at www.wjle.com.

It may be next fall before a new bridge is in place on Holmes Creek Road over Fall Creek in Smithville.
Until then residents in the area and other motorists will have to continue making a detour by way of Riley Avenue or Allen’s Ferry Road.
The bridge, at the bottom of town hill behind Love-Cantrell Funeral Home, has been closed since October 30.
The state forced the City of Smithville to close the bridge due to a Tennessee Department of Transportation Evaluation Report which detailed various bridge deficiencies making it potentially unsafe.
The project is being funded under the state’s 1990 Bridge Grant Program. The Tennessee Department of Transportation will pay for 98% of the costs to replace the bridge. The local matching portion is 2%.
During Monday night’s meeting the Mayor and Aldermen discussed the project with Public Works Director Kevin Robinson and City Administrator Hunter Hendrixson.
“I talked to Kyle Hazel probably two or three weeks ago. He is the engineer over the bridge. It’s in the design phase right now. They’re projecting it to be done maybe by late summer or fall,” said Robinson.
“The way this came about was every other year they (state inspectors) come through and do an inspection and send us a report telling us what we need to do. Usually it’s just clearing sediment from underneath the bridge and checking on the signed tonnage that’s allowed to cross it. Right before Halloween this year they issued a statement saying the bridge would be closed in two weeks. There was nothing we could do about it. They (state) are paying for 98% of it but it is still a big inconvenience for anybody living in that area. Unfortunately it (project) is going to move slowly. They’ve got to do site tests and core samples. They also have to obtain a permit from the Corps of Engineers because the creek is a tributary to the lake. Then they have to bid it out and whoever is awarded the contract will have 120 days to complete the project. It’s a long process,” said Hendrixson.
Alderman Gayla Hendrix, who has long pushed for the construction of sidewalks on that street leading from town to the golf course area, asked if the bridge could be made wide enough to allow for pedestrians should sidewalks later be built on the street. “While they are refurbishing the bridge, it would be really great if they could add sidewalks to the bridge, you know, expand it then maybe we could tie into it (later),” she said.
“I can ask the engineer and see”, replied Robinson.
“I’ve already asked that question and I didn’t exactly get an answer,” said Mayor Jimmy Poss.
“They are promising to try and straighten it up (street) and take some of that curve out of it. That needs to be done.
“As far as the sidewalks, he said we already have 33 feet (bridge width) including two twelve foot lanes so it will be wide enough (for pedestrians),” Mayor Poss added.
The new bridge and a portion of the street around it are also expected to be striped.

Early voting hours for the March 1 Presidential Preference Primaries and DeKalb County Democratic Primary have been set by the DeKalb County Election Commission.
(CLICK LINK BELOW TO VIEW SAMPLE BALLOT)
MARCH SAMPLE BALLOT MASTER.pdf (41.39 KB)
Following a plan that has been in place the past few years, the Commission voted to set the following early voting hours:
Mondays 1 p.m. to 5 p.m.
Tuesdays 9 a.m. to 1 p.m.
Wednesdays 9 a.m. to 1 p.m.
Thursdays 2 p.m. to 6 p.m.
Fridays 9 a.m. to 1 p.m.
Saturdays 9 a.m. to Noon.
Early voting will be held at the DeKalb County Courthouse in Smithville and the voting days are February 10-23 except President’s Day (February 15) when the courthouse will be closed.
“The Commission is always interested in arranging the schedule to accommodate a wide range of voters,” said Dennis Stanley, Administrator of Elections. “This schedule does that as there are two periods of afternoon voting times to accommodate those who work, along with the Saturday hours.”
“This is a lengthy ballot due to the number of presidential candidates and the Republican delegate candidates,” Stanley continued. (see ballot pdf) “Voters are encouraged to take advantage of the early voting opportunities so the lines will not be as long on election day.”
Meanwhile, “In an effort to create a pleasant, non-disruptive and orderly atmosphere without undue delays for all voters, the legislature passed a new law effective this month concerning using cell phones in the polling place,” Stanley said. “The law prohibits using mobile electronic or communication devices by voters for telephone conversations, recording or taking photographs or videos while inside the polling place. The law also allows for the silencing of cell phones.”
“The Tennessee Division of Elections has created an ‘app’ called GoVoteTn which contains a lot of voting information individualized for each voter,” Stanley continued. “Voters will be able to access this ‘app’ or others if needed for informational purposes, but phone conversations are not allowed, the phones must be silenced and any election content on the phone cannot be shown to other voters.”
“This ‘app’ is a great tool to use in order to be prepared when you step into the voting booth,” Stanley added. “When voters are unprepared, they slow down the entire voting process for all voters and may have their time in the voting booth limited pursuant to T.C.A. 2-7-118(a).”

The self-service Kiosk in the DeKalb County Clerk’s Office remains unavailable until further notice due to system maintenance.
Kiosk service was discontinued December 30 at 4:30 p.m. but was to be operational again by Monday, January 4 at 8:00 a.m. “The Kiosk remains out of service until further notice. We have had numerous unsuccessful attempts Monday and today (Tuesday) with several calls inquiring as to the availability of using the machine,” said County Clerk James L. (Jimmy) Poss.
The Tennessee Department of Safety and Homeland Security has announced that Tennesseans may now renew their driver license every eight years instead of five years. The change will include all classifications of driver licenses and identification licenses.
The legislation to increase the renewal years was proposed during the 2015 legislative session. Senator Nicely and Representative Goins introduced the bill to help decrease wait times and improve customer traffic flow at driver services centers.
“This is another step to improve the quality of our driver services and help better serve the existing population as well as plan for future growth here in Tennessee,” Commissioner Bill Gibbons said. “It’s our goal to enhance our driver services and provide convenient options for our customers.”
The new eight year license will include all forms of driver licenses and identification licenses, including commercial driver license and motorcycle license.
“We are pleased with the support of the Governor and the members of the General Assembly who continue to work with our department to improve our driver services division to better serve our growing state,” Gibbons said.
The Department of Safety and Homeland Security regrets the inconvenience with the Kiosk

Upper Cumberland Electric Membership Corporation (UCEMC) cautions members to be on alert for scams that continue to plague UCEMC’s service areas.
Scam artists are calling or visiting homes and businesses posing as utility workers. Callers may threaten to shut off service unless the consumer provides immediate payment using a credit card or money order. The caller may also request that members call a 1-888 number to provide their credit card information. “Calls sound official, and the caller ID may even display the utility name,” says Jimmy Gregory, General Manager of UCEMC. Caller ID spoofing is the practice of causing the telephone network to indicate to the receiver of a call that the originator of the call is a station other than the true originating station. For example, a Caller ID display might display a phone number different from that of the telephone from which the call was placed. The term is commonly used to describe situations in which the motivation is considered malicious by the speaker or writer. “This scam is particularly harmful to consumers because there is no way to track or recover the money.”
Officials stress that UCEMC will:
• NEVER call members to request credit card, banking or other financial information over the telephone.
• Although all forms of payments are accepted, UCEMC will NEVER call members demanding a specific payment method be used.
• NEVER call members requesting payment when UCEMC offices are closed.
• NEVER ask to enter your home unless you initiate the request for co-op personnel to perform a specific service. Co-ops do this only by appointment and with a member’s prior knowledge.
“We are asking co-op members to be wary of any phone calls,” Gregory says. “If in doubt, hang up immediately, and contact your local UCEMC District Office at: Carthage 615-735-2940; Cookeville 931-528-5449; Gainesboro 931-268-2123; Livingston 931-823-1213 or the Corporate Office 615-735-3208 or 800-261-2940. Whether by phone or in person, be certain you are dealing with an official representative of the Cooperative. UCEMC personnel carry company identification and vehicles are plainly marked with the UCEMC official logo.”
UCEMC is a Cooperative owned by its members. It distributes electric power through more than 4,500 miles of lines to more than 48,000 meters located primarily in Jackson, Overton, Putnam, Smith Counties and northern DeKalb County, with additional members served in the fringe areas of Clay, Fentress, Macon, Pickett, White and Wilson. Visit www.ucemc.com to learn more.

A DeKalb County man has been charged with aggravated assault for allegedly hitting another man in the head with a hammer.
42 year old Charles Gary Pace, Jr. of Green Hill Road, Smithville is under a $2,500 bond and he will be in court January 28.
Sheriff Patrick Ray said that on Thursday, December 31 a deputy responded to a 911 open line call of screaming and yelling at a residence on Green Hill Road. After speaking with everyone involved, the officer determined that Pace had allegedly assaulted another man by hitting him in the head with a hammer. Pace admitted to having the hammer during the altercation. The victim was transported by ambulance to the emergency room of St Thomas DeKalb Hospital.
33 year Jerrod Curtis Sims of Snow Hill Road, Smithville is charged with domestic assault. His bond is $1,500 and he will make a court appearance January 7.
Sheriff Ray said that on Tuesday, December 29 Sims allegedly assaulted his wife by trying to strangle her about the neck. He further allegedly took from her a cell phone that she was using to contact law enforcement. The woman had physical marks on her neck.
37 year old Joseph Michael LeClaire of Short Mountain Road, Woodbury is charged with a tenth offense of driving on a suspended license. His bond is $3,000 and he will be in court January 28.
Sheriff Ray said that on Wednesday, December 30 a deputy spotted a vehicle traveling at a very high rate of speed on Highway 53 (Woodbury Highway). The officer stopped the automobile and spoke with the driver, LeClaire. A check of his license revealed they were suspended. He had previously been arrested for the same offense (DSL) on March 3, 2015; August 10, 2014; December 17, 2014, February 10, 2007; February 21, 2008; November 21, 2005; April 6, 2006; and June 4, 2005 all in Rutherford County; and on June 25, 2014 in DeKalb County.
45 year old Aimee Deanne Jobe of Lavergne Street, Alexandria is charged with public intoxication. She was also issued a citation for simple possession. Her bond is $1,000 and she will make a court appearance on January 7.
Sheriff Ray said that on Sunday, January 3 Jobe was walking in the middle of the roadway on Highway 70 east (Sparta Highway). A deputy responded and found that Jobe was unsteady on her feet, her speech was slurred, and her eyes glassy. Due to her intoxicated state Jobe was placed in custody for her safety. Jobe was also found to have 36 Lyrica pills along with one and a half suboxone pills in her possession. Jobe said she had no prescription for the drugs.