A driving under the influence charge against Smithville Building Inspector Eugene O’Neil has been dropped.
O’Neil appeared with his attorney Tony Hagan in DeKalb County General Sessions Court Monday before Judge Tiffany Gipson of Jackson County. Judge Gipson is assigned to hear cases in which Judge Bratten Cook, II has a conflict.
Hagan, in a prepared statement to WJLE, said that “In March 2013, Smithville Building Inspector Eugene O’Neil was charged with DUI and other related charges. Today, the State of Tennessee dismissed all charges against Mr. O’Neil,” he wrote.
“Mr. O’Neil would like to thank all of his friends who stood by him during this difficult time,” Hagan concluded.
Assistant District Attorney General Greg Strong told WJLE that “the state could not produce results of the blood test from the TBI crime lab and had no choice but to dismiss the case,” he said.
O’Neil, off duty at the time, was stopped by Trooper Bobby Johnson of the Tennessee Highway Patrol on Friday, March 1. The traffic stop occurred on Golf Club Drive. O’Neil submitted to field sobriety and blood tests, according to Trooper Johnson.

Three people caught after allegedly breaking into a barn on Joins Road in February were sentenced in DeKalb County Criminal Court Friday, October 4.
36 year old Andy Joe Certain, 35 year old April Lee Hollingsworth and 53 year old Kelly Lee Hollingsworth appeared before Judge David Patterson. All three entered guilty pleas under negotiated settlements.
Certain pleaded guilty to burglary and unlawful possession of a weapon. He received a four year sentence for the burglary and two years on the weapon charge. The two terms are to run concurrently for a total of four years. Certain is to serve at least 30% of the sentence as a range one offender but he has been given jail credit for 167 days. Certain must also forfeit the weapon.
April Hollingsworth pleaded guilty to burglary and received a four year sentence, suspended to probation except for 89 days to serve. She has been given jail credit for 89 days. The sentence is to run consecutive to a case against her in Rutherford County.
Kelly Hollingsworth pleaded guilty to attempted burglary and received a two year suspended sentence to run consecutive to other cases against her.
Sheriff Patrick Ray told WJLE that Certain and the two Hollingsworth’s allegedly entered the barn on Joins Road through the barn doors and took numerous old and antique farm equipment, valued at $1,500.
According to Sheriff Ray, deputies arrived at the scene before the three intruders left and the stolen property was unloaded from their vehicle and returned to the owner.
36 year old Lisa Michelle Porterfield pleaded guilty to aggravated burglary and received a six year sentence to serve in the Tennessee Department of Correction. The sentence is to run concurrently with a violation of probation case against her in DeKalb County but consecutive to a Warren County violation of probation. She was given credit for 30 days served last November and time served from May 21 to October 4.
Sheriff Ray said that on October 9, 2012 Porterfield allegedly broke into a residence on Campbell Road by kicking in the front door. She allegedly stole from the home a Honda transmission, a battery, push mower, tire and rim, in-door heaters, 13 inch television, a microwave, and several other items with a total value of more than $1,000. The case was investigated by a criminal detective of the sheriff’s department.
A woman accused of vandalism, burglaries, and thefts at a local marina in May received a total sentence of four years .
36 year old Stephanie Lee Vanatta pleaded guilty under a negotiated settlement to two counts of burglary, two counts of auto burglary, one count of theft over $1,000, and one count of vandalism.
She is accused of breaking into and taking items from two pontoon boats, committing vandalism of an automobile, and breaking into and stealing items from two other vehicles at Sligo Marina.
Vanatta received a two year sentence in each of the two burglary cases to run consecutively for a total of four years. She also got a two year sentence in the theft case, a one year term for vandalism and one year in each of the two auto burglary cases but all those sentences are to run concurrently or together with each other and with the burglary cases. Her total sentence is four years.
Sheriff Ray said that on Thursday, May 23 Vanatta allegedly entered a pontoon boat at Sligo Marina and took two fish locators, a tool bag containing miscellaneous tools, a solar battery charger, and an electric fish cleaner all valued at less than $500.
Vanatta allegedly entered another pontoon boat and took two flashlights, a can of WD 40, a set of tools, two quarts of oil, and miscellaneous tools all valued at less than $500.
Vanatta further allegedly entered a Ford pickup truck by breaking out the glass on the driver’s side and taking a gas can, extra car keys, and a boat latch lock.
The same day, Vanatta allegedly entered a Toyota by breaking out the back glass and taking a bag containing several keys, a first aid kit, a thirty one bag, flip flops, a cleaning kit, and two Sam’s cooler bags all valued at less than $500.
She also allegedly damaged a 2006 Chevy HHR vehicle by leaving marks on both of the driver side and passenger side doors causing over $500 in damage.
50 year old Tony Beasley pleaded guilty to aggravated burglary and received a four year sentence to serve. The sentence is to run concurrently with another term he is now serving.
49 year old Trina Matthews pleaded guilty to theft over $1,000 and received a three year sentence, all suspended to supervised probation. She must also make restitution to the victim in the case. Matthews was given jail credit from April 11 to October 4.
19 year old David Tyler Hutchins pleaded guilty to burglary and received a three year sentence but he will be on supervised judicial diversion probation. He must make restitution of $1,342. Sheriff Ray said that on Friday, October 12, 2012 Hutchins allegedly broke into an outbuilding on Green Hill Road in Liberty by kicking in the front door. He allegedly stole a chainsaw, leaf blower, a cordless screw driver set, battery charger, and various other items including a 1997 Honda Four Wheeler, all valued at over $1,000.
21 year old Travis Marcus Melton pleaded guilty to four counts of aggravated burglary. Melton received a four year sentence in each case to run concurrently with each other and all suspended to supervised probation. He was given jail credit from August 6 to October 4.
Sheriff Ray said that on February 29, 2012 Melton allegedly broke into a residence on Johnson Chapel Road by kicking in a back door. He allegedly took a 20 gauge shotgun, two flat screen TV’s, a DVD player, a chain saw and other various items all valued at over $1,000.
Meanwhile on the same day, February 29 Melton also allegedly broke into another home on Johnson Chapel Road through a window. Melton allegedly took a 46 inch flat screen TV, DVD player, laptop computers, a digital camera, and other various items all valued at more than $1,000. The case was investigated by criminal detectives of the sheriff’s department.
Melton was further named in sealed indictments returned by the grand jury in August.
The indictments allege that “On or about the 1st day of March, 2012, Melton did intentionally, knowingly, or recklessly enter the habitation of the victim with the intent to commit theft of property, constituting the offense of aggravated burglary and that he “did knowingly exercise control over certain property, to wit: a 12 gauge shotgun, 12 gauge ammunition, a Disney Pellet Rifle, a .22 Ruger handgun, ammunition, a 52 inch flat screen television, a DVD player, a leather jewelry box, $25 cash, several knives, an air compressor, tools, a tool box, pillow cases, several bottles of liquor, a gas can, a hatchet with sheath, a machete with sheath, a Browning hunting knife with sheath, two fishing poles with reels, a coke machine key and $3 in change, being over the value of $1,000, the property of the victim, constituting the offense of theft.”
In another case, the indictments allege that “On or about the 3rd day of March, 2012, Melton did intentionally, knowingly, or recklessly enter the habitation of the victim with the intent to commit theft of property, constituting the offense of aggravated burglary and that “Melton did knowingly exercise control over certain property, to wit: a Henry .22 lever action rifle, being under the value of $500, the property of the victim, constituting the offense of theft.”
37 year old Lonnie L. Wheeler pleaded guilty to driving under the influence and theft over $1,000. He received a four year sentence in the theft case, suspended to probation. Wheeler got a sentence of 11 months and 29 days for the DUI to serve 48 hours and then be on probation. The two terms are to run consecutively for a total of five years. He is to pay a $350 fine and he will lose his driving privileges for a period of time.
Wheeler was accused of stealing a 1992 Honda Accord from the Walmart parking lot on Monday, January 21.
Chief Randy Caplinger said Smithville Police received a call of a stolen vehicle taken from the Walmart parking lot. Officers went there to check the video footage, which showed a person, identified as Wheeler, stealing the vehicle. The car, which belonged to a Walmart employee, was later recovered near the Warren County line.

Two men charged in an investigation into a rash of burglaries and thefts in the Dowelltown and Dry Creek Road area last winter were sentenced in DeKalb County Criminal Court Friday, October 4.
Judge David Patterson presided.
24 year old Robert Allen Lester, Jr. received a total sentence of eight years after pleading guilty to eleven counts of auto burglary, two counts of burglary, and one count of aggravated burglary. He was given jail credit of 265 days.
19 year old Ronald Deshon Reeder pleaded guilty to one count of auto burglary and one count of theft over $1,000. He received one year of state probation for the auto burglary and two years of state probation in the theft case. The two sentences are to run consecutively for a total of three years. Reeder will be on judicial diversion for three years and he must make restitution in the case.
Sheriff Patrick Ray told WJLE that the burglaries and thefts occurred on December 28, 2012 and from January 7-10, 2013 mostly in Dowelltown but also on Dry Creek Road in the area from New Home Road to the city limits of Smithville. There were nine victims altogether. Lester is accused of breaking into the Dowelltown Post Office, burglarizing automobiles of residents on South Mill Street, North Mill Street, Happy Valley Drive, Corley Street, Dry Creek Road, and the burglary of a shed/guest house on Corley Street, and an outbuilding on Dry Creek Road.
According to Sheriff Ray, Lester was responsible for the actual burglaries and thefts. In the case of the vehicles, he allegedly entered through an unlocked door in most instances and took what he could find, mostly guns and GPS devices, among other belongings. Reeder was originally charged with Lester in three of the crimes on Dry Creek Road because he rode along with Lester and sat in the vehicle while Lester was out committing the burglaries and thefts, knowing what Lester was doing. Sheriff Ray said after Lester was identified as a suspect, detectives and officers of the Sheriff’s Department raided his home and found most of stolen items.
Smithville Police also arrested Lester in January and charged him with three counts of burglary and three counts of theft. Chief Randy Caplinger said that on December 4 and January 2 Police received reports of vehicles having been broken into and items taken from them on Hayes Street, West Main Street, and Spring Street. Upon an investigation, it was determined that Lester had committed the crimes.
Indictments against Lester alleged that:
*On or about December 4, 2012, Lester broke into a victim’s vehicle and took a TOM TOM GPS, being under the value of $500.
*On or about December 28, 2012 Lester broke into the Dowelltown Post Office and took three money orders being over the value of $500.
*On or about January 2, 2013, Lester broke into a victim’s vehicle and took a Blue Jensen Double Speaker Box, a GPS, miscellaneous baseball cards, miscellaneous CDs, miscellaneous tools and miscellaneous wiring, being over the value of $1,000.
*On or about January 2, 2013, Lester broke into a victim’s vehicle and took a wallet, a driver’s license, social security card, birth certificate, insurance card, set of keys and car keys, being under the value of $500
*On or about January 6, 2013, Lester broke into a victim’s vehicle and took a TOM TOM GPS, being under the value of $500.
*On or about January 7, 2013, Lester broke into a victim’s residence and took one set of engagement rings, two anniversary band rings, a diamond bracelet, a Dell computer, a Canon digital camera in a case, an MPG player and a power cord, being over the value of $1,000.
*On or about January 7, 2013, Lester broke into two victim’s vehicles and took a Garmin, a phone car mount, fifteen Disney DVD’s, a car charger, twenty CDs and a car safety kit, being over the value of $1,000; along with a another Garmin, an iPod, an adapter and a charger, being over the value of $1,000.
*On or about January 7, 2013, Lester broke into a victim’s vehicle and a building and took a 10 inch laser guide and two TOM TOM GPS’s, each being under the value of $500.
*On or about January 7, 2013 Lester broke into a victim’s building and took a Stevens over and under 22-20 gauge shotgun, being under the value of $500.
*On or about January 7, 2013, Lester broke into a victim’s residence.
*On or about January 8, 2013, Lester broke into a victim’s vehicle and took a Remington rifle with scope, an H&R rifle with scope and a Smith and Wesson 270 rifle with scope, being over the value of $1,000.
* On or about January 8, 2013, Lester broke into a victim’s vehicle and took a bottle of blood pressure pills, being under the value of $500.
* On or about January 9, 2013, Lester broke into a victim’s vehicle and took a Smith and Wesson .38 caliber pistol with holder, being under the value of $500
Lester and Reeder were co-indicted in the following offenses:
* On or about January 9, 2013, Lester and Reeder broke into a victim’s vehicle and took clothing, change, a buck knife, a hunting pouch, 270 Winchester shells, a vest, and hat, being under the value of $500.
*On or about January 10, 2013, Lester and Reeder broke into a victim’s vehicle and building and took a Play Station 3, money, a 250 piece Kobalt socket set, a Brother sewing and embroidery machine, and a pack of Pall Mall cigarettes, being over the value of $1,000; along with a TOM TOM GPS and seven cell phone chargers, being under the value of $500.

A local land developer plans to look into the possibility of building a truck stop and restaurant if his land near the intersection of Highways 70 & 83 (New Home Road) is annexed into the City of Smithville
Ed Young is one of six county property owners just outside the west end of town who would like their land annexed into the City of Smithville.
Young made his request known during Monday night’s meeting of the Mayor and Aldermen “I am an absentee owner. But if you incorporate that into the city and we get that sewer pipe in I will do the research on what it takes to put in a big truck stop with a restaurant. I did a deal like this years ago with Shell. I put up the property (elsewhere). They put up the building and I got a percentage. I don’t know if it will fly now but I will know actually what it takes to build one. Nothing ventured, nothing gained. You put it together and I’ll find the two million dollars to build it,” he said.
Young has other properties in town including the old shell station, discount tobacco, and donut shop buildings on Broad Street. He also owns the old Smithville Freight Lines property which he currently has under development and is trying to restore.
If approved, the properties of Young, Mike Foster, Dr. David Foutch, Pat Walls, John Kilgore, and Jim Beshearse would be annexed. The area includes almost seventeen acres on the south side of Highway 70 from the existing city limits to near the intersection of Highway 83 (New Home Road). It would take in the Kilgore’s restaurant property, which belongs to Foster; Dr. Foutch’s Eye Care office; and parcels of land belonging to Kilgore and Beshearse. Facing the Old Snow Hill Road, the residential properties of Beshearse, Walls, and Foster would be annexed. On the northside of Highway 70, another fourteen acres of undeveloped land belonging to Young would be annexed along with the old Beshearse grocery store building, which still belongs to the Beshearse family. Young’s property is located across the highway from Kilgore’s Restaurant.
John Kilgore, owner of Kilgore’s Restaurant, told WJLE Monday that being in the city would be a great benefit to him as a tenant and to Foster, the property owner. “The reason we’re wanting to get it annexed here is we can pick up the utilities like the sewer system to make it a better functional place because it’s a restaurant and it should not be set up to run on septic lines. We’re wanting to pay the (city) taxes in order to be able to get the sewer,” he said.
Kilgore, who owns two and a half acres of undeveloped land between the properties of Dr. Foutch and Jim Beshearse on Highway 70 said his desire is to one day build a restaurant on that site.
Dr. Foutch told WJLE that while he has no strong feeling about annexation, he does not oppose it and would welcome the city services.
Although he would have to pay city taxes, Beshearse said the benefits of being in the city appeal to him with city police, fire, and sewer services along with garbage pickup. Beshearse added however that he has no complaints with the county fire department which he says does a good job too.
Due to a state moratorium on annexation, the city cannot take the initiative on its own without a request. The property owners have to petition the city for annexation. “We have not gone out and sought these people for annexation. They have come to the city and asked to be annexed in. These are all voluntary annexations,” said Mayor Jimmy Poss.
State law halts in progress forced annexations of residential and farm property by Tennessee towns and cities prior to April 15 until May 15, 2014, unless a city can persuade county commissions to approve them.
New annexations of such property are banned during the same time frame unless property owners want to become part of a city.
That’s intended to provide time for the Tennessee Advisory Commission on Intergovernmental Relations to study how a 1999 urban planning law, intended to bring order to annexations, has worked. TACIR serves as a forum on state and local issues.
Mayor Poss and the aldermen only brought the issue up for discussion Monday night. The Smithville Planning Commission will take it up during its next meeting, which has been rescheduled for Thursday, October 17 at city hall. If the planning commission gives a favorable recommendation for annexing these properties, the measure will go back to the aldermen for approval by ordinance.
State law also requires that all annexations include a Plan of Services (POS). The POS outlines those services, such as sewer, that will be made available to the land being annexed and the timeframe within which services and/or amenities will be provided.