A ruling handed down today (Tuesday) by a Davidson County Chancellor may have cleared the way for the DeKalb Utility District to build its own water treatment plant.
Chancellor Ellen Hobbs Lyle has dismissed a petition for a judicial review by DUD ratepayers and the City of Smithville who were seeking to overturn a decision by the Utility Management Review Board, who last April ruled against the petitioners in their quest to halt DUD’s plans for construction of a water plant. In her ruling Tuesday, Chancellor Lyle affirmed the UMRB decision.
(CLICK PDF LINK BELOW TO READ CHANCELLOR LYLE’S RULING)
hppscan343.pdf (6.67 MB)
Specifically, the petitioners (DUD ratepayers/City of Smithville) asked the court to review the following issues:
1. “Did the UMRB err by failing to consider, pursuant to state law, the appropriateness of the DUD expanding its “services provided” to include the construction of a separate, duplicative unnecessary water treatment facility and thereby violate a statute and/or follow an unlawful procedure?”
2. “Did the UMRB err because its ruling is not supported by material evidence in the record?”
3. “Did the UMRB follow an unlawful procedure by failing to let the affected ratepayers in attendance at the contested hearing in Smithville be heard in a public hearing?”
“After considering the record, argument of counsel and the law, the court dismisses the Petition for Judicial Review. The Court determines that the UMRB performed its duty correctly and provided the review required by the statute; the UMRB’s decision is not unsupported by substantial and material evidence; and the UMRB did not engage in unlawful procedure,” wrote Chancellor Lyle.
“Having ruled against the Petitioners on each of the issues presented for judicial review, it is ordered that the Final Order of the Utility Management Review Board is affirmed, and the petition for Judicial Review is dismissed with prejudice with court costs taxed to the petitioners,” concluded Chancellor Lyle.
Last April, the Utility Management Review Board held a hearing in Smithville to review the rates to customers charged by the DeKalb Utility District at that time and rates to be charged associated with the construction of a new water treatment plant. Ratepayers and the City of Smithville, referred to as the petitioners, also wanted the UMRB to block the DUD’s decision to build a water treatment plant. They contended that the City has plentiful availability of water to supply the DUD’s customer base now and into the future. This redundancy, the petitioners asserted, should be halted. DUD officials contend it is in the best interest for DUD to have its own water plant and that the result would be lower rates to DUD customers and millions of dollars in savings to the DUD in the years ahead.
The UMRB, at the April hearing, found DUD’s rates at the time to be reasonable and refused to intervene in DUD’s business decision to build the water plant. By not reviewing “services provided” as well as “rates charged” as requested, the petitioners contend that the UMRB violated statutory provisions and or followed an illegal procedure in arriving at its decision. Attorneys for the UMRB and DUD said the Utility Management Review Board had no authority to stop the water plant project nor to force the DUD into a contractual relationship with the city to continue purchasing water.
The petitioners later filed an appeal to the Davidson County Chancery Court for a judicial review of the UMRB’s decision, hoping to win a reversal. Chancellor Ellen Hobbs Lyle held a hearing last month in Nashville with all the parties involved and said she would issue her decision within thirty days. That ruling came down Tuesday, February 25.
Attorneys for the DUD and the State Attorney General’s Office for the UMRB essentially made the same arguments for the UMRB’s decision to be upheld.
DUD’s attorney Dewey Branstetter, Jr. wrote in his court brief that “The UMRB correctly dismissed the petition created through the efforts of the City of Smithville and filed by the Ratepayers of the DeKalb Utility District. The petitioners have not and cannot meet the burden required for this court to overturn the decision of the UMRB, to remand this case back to the UMRB, or to do anything except affirm the UMRB Order.”
“The UMRB correctly decided to limit its review to the rates charged by the DUD and not to examine the business decision of the DUD to construct its own water treatment plant. While there was significant testimony about the water treatment plant, and even though the proof was overwhelming that the decision by the DUD to build its own plant was in the best interest of the customers of the DUD, the UMRB correctly decided that it was not its duty to examine that decision.”
The petitioners also contend that the UMRB failed to consider the capital expenditures associated with the new water treatment plant and how that would affect future rates. The UMRB’s ruling that DUD rates were reasonable was not supported by the material evidence presented at the hearing, according to the Petitioners.
In his court brief, Branstetter wrote that “the decision of the UMRB was supported by material evidence in the record. The transcript from the hearing and the exhibits introduced at the hearing show that the rates charged by the DUD are reasonable and that the rates proposed to be charged if the water treatment plant is built will also be reasonable. There was no proof introduced by the petitioners that would support a decision that the rates of DUD are not reasonable.”
Lastly, the petitioners argue that the UMRB did not conduct an “Open Hearing” to allow anyone an opportunity to speak and that the case should be remanded to the UMRB to hold another hearing to consider testimony and opinions of the ratepayers that desire to give public comment as part of the proceedings. Although the forum was open for the public to attend, it was conducted like a court hearing, with witnesses called to testify and be cross examined.
Branstetter wrote that this argument by the Petitioners is also without merit. “The UMRB proceeding was a contested case hearing under the Uniform Rules of Procedure for Hearing Contested Cases before State Administrative Agencies. It was not an open hearing under the Rules of the Comptroller of the Treasury for the Utility Management Review Board. As such, the Petitioners cannot legitimately argue that because the UMRB didn’t have “open microphone night” that the case should be remanded back to the UMRB for unfettered public comment.”
In the brief, Branstetter wrote that the ratepayers and the City of Smithville were represented by counsel. If their counsel had chosen to call any additional ratepayers to testify, they certainly had the right to do so. Any of the ratepayers in attendance who desired to give testimony could have been called by the counsel representing their interest, but the Petitioners failed to even attempt to call any ratepayer witnesses other than the two designate representatives, Randy Rhody and Hunter Hendrixson. The Petitioners should not now be allowed to complain that they were not given an opportunity to have an open forum when their counsel had the full ability to call any witnesses they so desired. If counsel for the Petitioners failed to call any witnesses and now assert that they were somehow prejudiced by not doing so, then it is their own fault for not calling other individuals to testify”.

Two women and three children were involved in a crash Sunday morning on Four Seasons Road.
Trooper Bobby Johnson of the Tennessee Highway Patrol told WJLE that 21 year old Takeshia Castillejos of Smithville was west on Four Seasons Road in a 2012 Honda Civic when she crossed the center line and struck an eastbound 2012 Chevy Equinox, driven by 38 year old Desiree Ferrell of Smithville.
Castillejos’ three month old daughter was with her along with two other children, a nine year old and a six year old. Both girls.
Upon impact, Ferrell’s vehicle overturned and came to rest on its side in a ditch. Ferrell couldn’t get out of the vehicle on her own. Members of the DeKalb County Volunteer Fire Department were called to the scene to perform extrication services.
Ferrell was taken by DeKalb EMS to meet a helicopter which landed near the scene. She was reportedly airlifted to Vanderbilt Hospital.
Castillejos was taken by DeKalb EMS to DeKalb Community Hospital and later to Vanderbilt Hospital by ground ambulance. The children were not hurt.

Five queens were crowned Saturday in the first ever Sweetheart Pageants sponsored by the Class of 2014 Project Graduation.
The events were held at the DeKalb County Complex Auditorium.
The winners are as follows:
Mini Miss Sweetheart Pageant Winners:
Queen-Kaylee Brooke Kent-Daughter of Kevin & Beth Kent
1st Runner Up-Jordyn Allison Agee -Daughter of Joey & Casey Agee
2nd Runner Up-Kloe Elizabeth Parsley- Daughter of Tyler & Shawna Grandstaff
3rd Runner Up-Ella Grace Kirksey-Daughter of Graden & Sabrina Kirksey
4th Runner Up-Brooklynn Fuson-Daughter of Billy & Sarah Fuson
5th Runner Up-Emily Danielle Johnson-Daughter of Clint & DeDe Johnson
Miss Cutie Pie-Kaylee Brooke Kent-Daughter of Kevin & Beth Kent
Miss Photogenic-Ella Grace Kirksey-Daughter of Graden & Sabrina Kirksey
Little Miss Sweetheart Winners:
Queen-Annabella Eleni Dakas-Daughter of John & Mandy Dakas
1st Runner Up-Isabella Faith Rackley-Daughter of Gordon & Jessica Rackley
2nd Runner Up-Allyson Roxanne Fuller-Daughter of Anthony & Amanda Fuller
3rd Runner Up-Macy Lynn Anderson-Daughter of Bobby Joe & Tabitha Anderson
4th Runner Up-Annabella Grace Culwell-Daughter of Tommy & Erin Culwell
Miss Cutie Pie-Avery Nicole Agee-Daughter of Joey & Casey Agee
Miss Photogenic-Annabella Grace Culwell- Daughter of Tommy & Erin Culwell
Other contestants were:
Brianna Nicole Carr-Daughter of Sherry Hattaway
Madison Dawson-Daughter of Jarred & Jamie Dawson
Kiana Nicole Driver-Daughter of Derek & Sandy Driver
Miss Junior Sweetheart Winners:
Queen: Alexis Grace Atnip-Daughter of Veronica Atnip
1st Runner Up-Katherine Grace Colwell-Daughter of Trent & Christie Colwell
2nd Runner Up-Haidyn Renee Hale-Daughter of Chad & Melissa Hale
3rd Runner Up-Addison Jean Puckett-Daughter of Jimmy & Anita Puckett
4th Runner Up-Kenlee Renae Taylor-Daughter of Ken & Cindy Taylor
Miss Cutie Pie-Ellie Elizabeth Webb-Daughter of CD & Cindy Webb
Miss Photogenic-Alexis Grace Atnip-Daughter of Veronica Atnip
Other Contestants were:
Kadee Beth Ferrell-Daughter of Anthony & Trena Ferrell
Katherine Dell Gassaway-Daughter of Julianna Gassaway & Kelly Gassaway
Kennedy Grace Agee-Daughter of Josh & January Agee
Natalie Morgan Snipes-Daughter of Tim & Michelle Snipes
Miss Sweetheart Winners:
Queen-Addison Grace Oakley-Daughter of Clark & Lisa Oakley
1st Runner Up-Sarah Anne Colwell-Daughter of Trent & Christie Colwell
2nd Runner Up-Brooklynn Storm Estes-Daughter of Chris & Shanna Bogle
3rd Runner Up-Abigail Hope Taylor-Daughter of Ken & Cindy Taylor
4th Runner Up-Julia Grace Curtis-Daughter of Bruce & Amy Curtis
Miss Cutie Pie-Sierra Nicole Johnson-Daughter of Susan Stacy
Miss Photogenic-Addison Grace Oakley
Other Contestants were:
Anna Rachel Blair-Daughter of Keith & Amanda Blair
Malia Nicole Stanley-Daughter of Larry & Phyllis Stanley & Steve Stanley
Carrie Suzanne Mooneyham-Daughter of the Late Billy Paul Mooneyham & Dori Keith
Miss Diva Pageant Winners:
Queen: Lauren Elizabeth Colwell-Daughter of Trent & Christie Colwell
1st Runner up-Haley Marie Hale-Daughter of Chad & Melissa Hale
2nd Runner Up-Taneah Brooke Cantrell-Daughter of Scott & Tammy Cantrell
3rd Runner Up-Shauna Faith Taylor-Daughter of Ken & Cindy Taylor
4th Runner Up-Lauren Ashley Medlin-Daughter of Greg & Teresa Medlin
Miss Cutie Pie-Chelsey Michelle Brannon-Daughter of Bryan Brannon & Amanda Brannon
Miss Photogenic-Taneah Brooke Cantrell
Other Contestants were:
Tyra Grace Graham-Daughter of Kyle & Doris Graham
Jessica Price-Daughter of Charles Stubbe
Laura Lynn Reed-Daughter of Thomas & Denise Reed
Hannah Renea Walker-Daughter of Scott & Misty Walker

A federal judge has dismissed a lawsuit on the trial court level against the DeKalb County Election Commission and several others in Tennessee brought by former administrators of elections in 2009 who claim they did not get to keep their jobs for political reasons.
The order for entry of final judgment in the case was filed by U.S. District Judge Kevin H. Sharp.
Nashville Attorney John Harris, III, who represents the DeKalb County Election Commission in this case, said while this is good news for the election commission, the plaintiffs could still file an appeal to overturn the federal court’s ruling that the position of Administrator of Elections is subject to political patronage.
“Last week the federal district judge entered an order dismissing the entire case in favor of the election commissioners. The consequence of that dismissal is that the plaintiff now has a period of time within which to appeal the case to the 6th Circuit Court of Appeals. The issue that would be appealed if that is done is whether the court’s prior ruling that the position of administrator of elections is a job under Tennessee law that has sufficient political significance that the individuals holding that position can be selected or deselected or fired based upon their party affiliation. Everybody was in agreement that the trial court’s ruling on that issue really was so significant that it resolved all the issues in the case and not just part of them (issues),” said Harris in an interview with WJLE Friday.
Harris said since the trial court has entered a final judgment, any appeal would have to be heard by the appellate court. “This appeal process could easily take one to two years depending upon how fast the appellate court wants to move with it. Part of that is because they have a lot of cases on their docket. We would just sort of have to stand in line to be heard. There is an initial period of time where the parties have to order the record and then write their briefs and submit the briefs to the court and that will take several months to accomplish. We’re making progress toward getting the issue resolved one way or the other,” said Harris.
Former DeKalb County Election Administrator Lisa Peterson and other former administrators filed the lawsuit in July 2009 against the defendant county election commissions, claiming that their First and Fourteenth Amendment rights were violated when they were removed from their jobs because of their actual, or perceived, political party association. The former administrators asked the court to order their reinstatement, or in the alternative, order that they receive front pay for a reasonable amount of time. They wanted full back pay and a judgment for compensatory damages and punitive damages and an award for reasonable attorneys fees. Locally, the lawsuit named as defendants the three Republicans on the DeKalb County Election Commission James Dean, Walteen Parker, and Barbara Vanatta.

Mr. William Freddy Curtis, US Government, Sociology, and Advanced Placement US Government & Politics Teacher at Cannon County High School was selected as Cannon County High School Teacher of the Year and Cannon County School District Teacher of the Year Grades 9-12. Mr. Curtis was recently visited in his classroom by Director of Cannon County Schools – Mrs. Barbara Parker, Supervisor of Instruction – Dr. Marcia Melton, Federal Projects Supervisor – Dr. Regina Merriman, CCHS Principal – Mr. Mike Jones, and CCHS Assistant Principal Kay Barker to announce his selection as Grades 9-12 District Teacher of the Year.
Mr. Curtis is a 28 year educator of the Cannon County School System and has taught at West Side Elementary School in the Middle Grades for 16 years, West Side School Principal for 6 years, and has served at Cannon County High School in Woodbury, TN for the past 6 years. In addition to his teaching duties he is the CCHS Data Chairman, and sponsors the CCHS Amateur Radio Club – W4WBY.
Cannon County Schools Director Barbara Parker stated, “Mr. Curtis is an outstanding long-term educator in our system. His work at CCHS as US Government Teacher and leader is to be commended. His students are routinely at Cannon County School Board, Cannon County Commission, Woodbury Board of Mayor and Aldermen, and Auburntown City Council meetings.” And CCHS Principal Mike Jones commented, “If every teacher possessed Freddy Curtis’s passion, education as we know it would change. He loves sharing his knowledge with his students, and they carry this beyond his classroom walls. We have students who are interested in holding public office and serving our society due to his influence. Our students truly understand the inner-workings of government firsthand, as a result of what they have learned from Mr. Curtis. He is a role model not only for his students but for our faculty and staff as well.”
State Representative Mark Pody recently visited Mr. Curtis’s classroom and commented, ”Freddy’s educational background is followed up with his excellence in the classroom. On many occasions while I have been in the Legislature he has brought his Government Classes to the Capitol for hands-on experience with the Tennessee General Assembly. He has demonstrated that his heart is devoted to students he so mentors daily in his classroom. Since my election in 2010, he has assisted me with advice on bills that would affect the educational system. I have also visited his classroom and have seen the respect he has from his students. I can truly attest that William F. Curtis is truly Teacher of the Year.”
Mr. Curtis said after his selection, “I am very humbled to have been selected as Cannon County High School Teacher of the Year by my peers and Cannon County Schools District Teacher of the Year Grades 9-12. In my 28 years of being an educator, I have never been selected as a ‘Teacher of the Year.’ I am very blessed to work with excellent educators. This honor is one I will cherish and is a highlight of my years in education.”
Freddy and his wife, Trena, reside in Smithville, and have four grown sons – Matthew, Trent, Casey, and Evan Curtis. They have two grandchildren, Ella Mae – age 3 and Elliott age 5 months.
Picture Caption: Pictured Left to right Dr. Marcia Melton – Supervisor of Instruction, William Freddy Curtis – CCHS Teacher of the Year, Mrs. Barbara Parker – Director of Schools, Mr. Mike Jones – CCHS Principal, Dr. Regina Merriman – Federal Projects Supervisor, and Mrs. Kay Barker – CCHS Assistant Principal.

The DeKalb County School System’s cafeteria managers have all completed level one certification with the Tennessee School Nutrition Association.
“The State School Nutrition Association has three levels of certification and all of our cafeteria managers have completed level one,” said School Nutrition Supervisor Stephanie Walker-Dyer.
These cafeteria managers are Beverly Starnes at DeKalb West School, Tammy Maynard at DeKalb Middle School, Debbie Young at DCHS, Jean Hayes at Smithville Elementary School, and Pam Baines at Northside Elementary School. Amie Buchanan, assistant cafeteria manager at Northside Elementary School, has also completed level one certification.
“In order to be certified, you must have a high school diploma or a GED. You must have completed ten hours of an approved nutrition course and ten hours of an approved food safety and sanitation course. All of these ladies have completed that and we’re very proud of them. We hope they will continue to work up to level three,” said Dyer.
Meanwhile, two local cafeteria managers will be taking a culinary class during the Tennessee School Nutrition Association’s second annual Culinary Specialist Training March 10-14.
“We had two of our managers to apply to that, Pam Baines at Northside Elementary School and Debbie Young at DCHS,” said Dyer. “There were 40 applicants, twenty selected and both of our ladies got accepted. They were in the top ten for their essays. You had to write an essay as well as turn in an application. We are so very proud of those ladies. They will get recognized at the Tennessee School Nutrition Association Conference in June. That’s when their graduation takes place. Once they go to culinary school, they will do hands on preparation. They will learn how to do standardized recipes, knife skills, learn how to cook with spices, preparation methods for vegetables, fruits, meats, grains, and pastas, learn food safety and lots more. The materials these ladies will be given are knife sets, cutting boards, a resource manual, and a culinary chef coat. After completion of the course, they will come back and do ten hours of training with our ladies. We’re doing some great things in school nutrition and I am so very proud of all of our ladies there. They are really taking ownership of their kitchen and growing professionally and that is what we like to see,” said Dyer.
Meanwhile, National Breakfast Week is March 3-7. “We encourage all students to participate in Breakfast Week, not only during that week but at all times. They will be given some prizes that week,” Dyer concluded.
(TOP PHOTO: Left to right: Debbie Young-DCHS, Beverly Starnes-DWS, Jean Hayes- SES, Amie Buchanan- NES Assistant Manager, Tammy Maynard- DMS, not pictured Pam Baines-NES, and Stephanie Walker-Dyer School Nutrition Supervisor)
(BOTTOM PHOTO: Left to right: Stephanie Walker-Dyer School Nutrition Supervisor, Debbie Young Cafeteria Manager DCHS, not pictured Pam Baines-NES Cafeteria Manager)

A preliminary autopsy report from the state medical examiner reveals that the two people found dead in Center Hill Lake earlier this week drowned.
The DeKalb County Sheriff’s Department and TWRA Officers believe 71 year old Robert W. Tramel and his niece 49 year old Barbara Beach both of Smithville were the victims of a boating accident. No foul play is suspected.
“At this point we haven’t recovered the boat but we do feel like their vessel overturned and the result was that both of them actually drowned. They did not have life jackets in the boat,” said TWRA Officer Tony Cross.
According to Officer Cross, Tramel and Beach boarded a small flat bottom John boat Wednesday at the launch ramp for the former location of Hidden Harbor Marina at Holmes Creek near an area known as Redneck Beech
There were apparently no witnesses to the accident.
Beach’s body was found by a fisherman late Wednesday afternoon. “A call was made Wednesday at 5:14 pm by a fisherman who said he found a body in the water. Through an investigation, we learned that the two (Tramel and Beach) had gone fishing earlier in the day around the Holmes Creek Boat Ramp off of Holmes Creek Road,” said Sheriff Patrick Ray.
“Her body was in about 12-14 feet of water,” added TWRA Officer Cross.
Tramel’s body was found early Thursday morning by the Smithville-DeKalb County Rescue Squad. “His body was found in the lake around 4:28 a.m. Thursday morning after the Smithville-DeKalb County Rescue Squad, using their sonar system, spotted an image of interest. The TWRA then used a submersible sonar, equipped with a camera and grab hook, to retrieve the body,” said Sheriff Ray.
“His body was recovered approximately 400-500 yards from the boat ramp, about 200 yards from Beach’s body. He was in about 25 feet of water,” said Officer Cross.
Although the water is not very deep in the area where the bodies were located, Officer Cross said it has been difficult to pinpoint the location of the boat. “There’s a lot of stuff under the water, poured concrete weights which were once used to anchor the marina, and other things. It’s not a smooth bottom. We plan to go back again next week and use sonar equipment to try and find the boat,” said Officer Cross.
Along with the Rescue Squad, the Sheriff’s Department and the Tennessee Wildlife Resources Agency were assisted in the investigation by the DeKalb County Emergency Management Agency.

Governor Bill Haslam will be in Smithville next week to speak at the DeKalb County Republican Party’s Reagan Day Dinner.
The fund raising dinner will be Thursday, February 27 at 6:30 p.m. at the county complex.
Haslam, former Mayor of Knoxville, is in his first term as Governor, having been elected in 2010.
Born in Knoxville, Haslam is a graduate of Emory University. He began his career in business, joining his father, Jim Haslam, who was the founder of Pilot Corporation. Haslam rose to the rank of President of Pilot Corp in the 1990s after his brother Jimmy became the company’s CEO. Haslam then left Pilot and from 1999 to 2001 was the CEO of the E-Commerce and Cataloging division at the high-end department store chain Saks Fifth Avenue. He then became a consultant at Saks, served on the board of directors at Harold’s Stores, Inc. and still remains a co-owner of the minor league baseball team the Tennessee Smokies.
Entering a career in politics, Haslam was elected to serve as Mayor of Knoxville in 2003 and was then elected to a second term in 2007. After Governor Phil Bredesen was term-limited and prevented from running for reelection, Haslam declared his candidacy for Governor in January 2009. He defeated Representative Zach Wamp and Lieutenant Governor Ron Ramsey in the Republican primary and went on to defeat Democratic businessman Mike McWherter in the general election.
Having celebrated their 32nd wedding anniversary in 2013, Bill and his wife, Crissy, have also been blessed with three children, a daughter-in-law, two sons-in-law and a new grandson. For 28 years, Bill and Crissy have been members of Cedar Springs Presbyterian Church (EPC) in Knoxville and for 22 of those years Bill has served as an Elder.
Haslam is expected to seek a second term as Governor this year.
Tickets to the dinner are $30.00 per person or $250.00 for a table of six. For ticket information email loveboatlovefish@yahoo.com.

The flu combined with other health problems claimed the life of a local minister last weekend.
55 year old Matt Long, pastor of the Dowelltown, Pisgah, and Fullers Chapel United Methodist Churches in the Dowelltown Charge, died on Saturday night at Vanderbilt University Medical Center.
According to family members, Long, a diabetic, became sick with the flu on Thursday and he was taken to Smith County General Hospital after his sugar began to spike that afternoon. He was airlifted Friday night by helicopter to Vanderbilt University Medical Center and died on Saturday in a diabetic coma.
A resident of Brush Creek, Long is survived by: wife, Angela Long; children, Johnathon (Hoss) Long of Lebanon, Brandi Ann Hays and husband Ryan of Gordonsville, Josh Gregory and wife Michelle of Gordonsville, Casey Rainey of New Middleton, Jacob Gregory of New Middleton; father and mother-in-law, Eddie and Rita Montgomery of Pleasant Shade; wife’s grandparents, Johnny and Wilma Montgomery of Watertown; siblings, Kevin Long of Lebanon, Sherell White and husband Ray of New Middleton, Mary Roberts of Carthage, Carrie Long of Kentucky, Rene’ Johnson of Lebanon; 7 grandchildren.
The funeral was held Wednesday, February 19 at the Carthage Chapel of Sanderson Funeral Home. Burial followed in the Brush Creek Cemetery.

Two people were involved in a traffic accident late Thursday afternoon on Highway 70 at the intersection of Hurricane Ridge Road.
Trooper Bobby Johnson of the Tennessee Highway Patrol told WJLE that 55 year old Darlene Caplinger of Smithville, driving a 1995 Pontiac Grand Prix, turned left on Highway 70 from Hurricane Ridge Road and crossed into the path of a 2003 Kia Spectra, driven by 39 year old Misty Walden of Dowelltown, who was west on Highway 70.
Walden was taken by DeKalb EMS to DeKalb Community Hospital.