The Sheriff’s Department arrested a woman last week after finding 5.8 grams of methamphetamine on her.
36 year old Nelda Jane Bandy of Old West Point Road, Smithville is charged with possession of a schedule II drug (methamphetamine) for resale. Her bond is $25,000 and she will make a court appearance on December 17.
Sheriff Patrick Ray said that on Thursday, December 3 a Sheriff’s Department Detective conducting an investigation at a residence on Midway Road spoke with Bandy. After she gave the detective consent to search her person and purse, he found in her right pants pocket a metal container which held two small plastic baggies with a white crystal substance. Inside her purse was a plastic baggie which also held a crystal substance. The three baggies field tested positive for meth and had an approximate combined weight of 5.8 grams. According to Sheriff Ray, Bandy said she was only trying to make some money with the drugs. She was placed under arrest.
27 year old Manuel Estrada Lopez of Lafayette is charged with driving without a license. He was also cited for violation of the financial responsibility law and driving on roadways laned for traffic. His bond is $1,500. Sheriff Ray said that on Monday, November 30 a deputy responded to Cookeville Highway in reference to a reckless driver. The officer stopped a 1999 Ford Explorer for failing to maintain lane of travel and spoke to the driver, Lopez who admitted he did not have a license. He also had no proof of identification.
45 year old Johnny Darrell Murphy of Hayes Street, Smithville is charged with driving under the influence. He was further issued citations for having an expired drivers license and no insurance. His bond is $1,500 and he will be in court December 17. Sheriff Ray said that on Saturday, December 5 a deputy was dispatched to Turtle’s Bar on Highway 70 east in reference to an intoxicated driver who had run into two vehicles in the parking lot. Upon arrival the officer spoke with Murphy, who was determined to be the driver of a silver Dodge that had hit the two automobiles in the parking lot. Murphy had a strong odor of alcohol on his person and was very unsteady on his feet. His eyes were glassy and his speech was slurred. He admitted to having consumed five beers. According to Sheriff Ray, prior to the incident in the parking lot, Murphy had been in an altercation with someone. He was transported to the emergency room of the hospital by DeKalb EMS. He submitted to a blood alcohol test but he didn’t undergo field sobriety tasks due to his injuries. He was placed under arrest after being released from the hospital.
50 year old Brian Franklin Strahan of Toad Road, Dowelltown is charged with domestic assault. His bond is $2,500 and he will make a court appearance on December 17. Sheriff Ray said that on Saturday, December 5 a deputy was dispatched to a residence on Toad Road for a possible domestic. Upon arrival the officer spoke with a woman who said she was sleeping when she heard Strahan yelling at the children. The woman said she and Strahan then got into an argument and he punched her in the face. Strahan was placed under arrest.
43 year old Francisco Monzon Lopez of Rock Island is charged with driving under the influence and possession of a firearm while consuming an alcoholic beverage. He was further issued citations for no drivers license, violation of the open container law, and violation of the implied consent law. His bond is $3,500 and he will make a court appearance December 17.
Sheriff Ray said that on Sunday, December 6 while on patrol a deputy spotted an automobile with its lights on and engine running in the parking lot of Jewel’s Market on South Congress Boulevard. The officer stopped and spoke with the driver, Lopez. Two bottles of liquor with the seal broken on them were within arms reach of the driver. He had a strong odor of alcohol on his person. His eyes were glazed and his speech was slurred. Lopez had in his possession a loaded 22 caliber rifle. He refused to submit to field sobriety tasks and a blood alcohol test. Lopez was placed under arrest.
54 year old Kevin Troy Coe of Auburntown is charged with domestic assault and violation of an order of protection. His bond is $3,000 and he will make a court appearance on December 17. Sheriff Ray said that on Thursday, December 3 a deputy was dispatched to New Bildad Road in reference to a domestic incident in a red Chevrolet S-10 truck. The officer spotted the truck and stopped it on New Bildad Road. A woman jumped out of the truck. She had blood running down her face. The woman said her boyfriend, Coe had hit her in the face several times knocking out a tooth and injuring her nose. Coe has an active order of protection against him and is not supposed to be near this woman. He was placed under arrest.

As a means of inspiring student motivation and achieving higher grade point averages and better attendance, the Board of Education is considering allowing final exam exemptions for DCHS students.
Under the proposal, high school students would not be required to take final exams provided they met the following conditions:
*”A” average with no more than three excused absences
*”B” average with no more than two excused absences
*”C” average with no more than one excused absence
No exemption would be allowed for any unexcused absences. Five unexcused tardies equals one absence.
“We started looking at this a few years back. A lot of counties surrounding ours has gone to this to try to increase their attendance rates, their student GPA’s, and academic grades. DCHS Principal Kathy Bryant and Assistant Principal Jenny Norris have called other counties and have gotten their break down on how they have done it over the past few years,” said Director of Schools Patrick Cripps during Thursday night’s monthly Board of Education meeting.
“We’ve met and researched and talked to these other counties and what the leadership team is proposing is that we offer an exemption policy for our students. If they have an “A” in the class they are allowed to have up to three excused absences. If they have a “B” they can have up to two excused absences or one excused with a “C”. They have to be excused absences in order to be exempt from the exam. We’re really hoping that this will improve our attendance rate,” said Norris.
Fourth District Board member Kate Miller expressed concerns about the proposal. “This policy was in place when I was in high school and when I went to college I was not prepared for a final exam. I know there are more tests now but there is nothing like that high stress, high stakes test at the end. I know there are end of course exams and I think it would be reasonable to say that classes that have end of course exams, they could be exempt from the final exam because that is a duplication. But for the other classes, do we really need to exempt students who have a “C” average? Do they really understand the material like they should? I’m just concerned about that,” said Miller.
“In the past there have been concerns about kids being prepared to take finals before when they do go to college but there are still mid terms that they (students) would be taking. You’ll still have benchmark tests that kids will have to prepare for that’s more than just the chapter test,” said Cripps.
“And with all the state tests, they’re going to have several tests. For example, this year our Juniors are going to be testing at least eight days,” added Norris.
The School Board has delayed action on the request until a workshop can be held to discuss the issue further.
In other business, Director Cripps updated the board Thursday night on personnel moves since the last meeting.
Chasity Redmon has been employed as an educational assistant at Smithville Elementary School, replacing Kaci Miller.
W.C. Braswell from the Adult High School has been granted a leave as requested.
Sara Young from DCHS has been granted a leave as requested
Margaret Coyle, DeKalb Middle School, part time speech instructor has resigned.

Open Enrollment for the Health Insurance Marketplace started on Nov. 1 and will run until January 31, 2016. To have your insurance in effect on Jan.
1, 2016 you must apply, select a plan, and pay your first premium by December 15, 2015.
Barbara Myers from the Tennessee Healthcare Campaign will be in Smithville on Saturday, December, 12th and January 16th from 9:30 a.m. to 4:00 p.m. at the DeKalb County Community Complex. Ms. Myers will be assisting people who wish to enroll in health insurance provided through the Affordable Care Act.
If you currently have an account with the Marketplace and you want to be sure you have the best plan for you and your family in 2016 you should update your account information. You can make an appointment to meet with a Navigator at Dekalb County Community Complex on Dec. 12 to assist you in either updating your account or creating a new application for 2016. Just call (844)-644-5443 for your appointment.
If you are not sure what to do please make an appointment and a Navigator will answer your questions and show you how the program works before you make your decision. Remember this year the personal responsibility payment you will be charged for not having health insurance is increasing to $695.00 for each adult and $347,50 per child or 2.5% of your income whichever is greater.

Incumbent Assessor of Property Scott Cantrell will be unopposed for re-nomination by his party in the March 1 DeKalb County Democratic Primary but he will be opposed by Republican Shannon A. Cantrell in the August General Election.
Noon today (Thursday) was the qualifying deadline for Democrats, Republicans, and Independents to run for Assessor of Property and Constable in DeKalb County.
The only contested Constable race will be in the first district between Democrat Jason C. Taylor and Republican Lee Plummer. Taylor will be unopposed for the Democratic nomination on March 1 but he will face Plummer in the August County General Election.
Republican Tom Theriaque in the 2nd district will be unopposed in the August General Election. There is no Democratic candidate for that position.
Incumbent Democratic Constables Travis Bryant in the 3rd district, Paul Cantrell in the 4th district, Mark Milam in the 5th district, Carl Lee Webb in the 6th district, and Johnny King in the 7th district will be unopposed in both the March 1 Primary and in the August General Election.
The DeKalb County Democratic Primary, to select party nominees for Assessor of Property and Constable, will be held in conjunction with the Tennessee Presidential Preference Primary on March 1.
The local Republican Party selected nominees for the August election by caucus last Saturday.

A 54 year old Smithville man who allegedly broke into a residence last year stood trial and was convicted in DeKalb County Criminal Court Wednesday.
After deliberating for less than an hour, a jury of six men and six women found David Michael Petty guilty of aggravated burglary and theft of property over $1,000 as charged in the indictment against him.
A sentencing hearing will be held on January 7th. Petty will be held in jail without bond until the hearing.
Because Petty has six previous felony convictions, Assistant District Attorney General Stephanie Johnson told WJLE after the trial that she will ask the court to sentence him as a career offender. A penalty which carries a maximum of fifteen years in prison.
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.
Testifying for the state were the victims in the case, the manager of the pawn shop in McMinnville where some of the jewelry was pawned, and Detective Robert Patrick of the DeKalb County Sheriff’s Department.
Petty did not testify himself but his wife took the witness stand on his behalf. Petty’s defense essentially was that while he sold the property, he did not commit the burglary and theft. But Assistant D.A. Johnson said that doesn’t matter. “In Tennessee when you benefit from a crime that is committed you’re responsible for that crime as well,” she told WJLE.
Petty was represented in the case by attorney Michael Auffinger.

The DeKalb/Cannon Farm Service Agency County Committee recognized two outgoing members of the Committee on Tuesday, December 8.. Mary Sanders (DeKalb County) has served on the Committee for 18 years; 9 years as the Committee’s Advisor and 9 years as a voting member. Charles Brown has served on the Committee for 17 years; 8 years as the Committee’s Advisor and 9 years as a voting member. Both were presented plaques of appreciation for their exemplary service to the farmers of DeKalb and Cannon counties.
Pictured from left to right: R.V. Billings, Jr.(Committee Member), Charles Brown (Outgoing Committee Member), Jack Campbell (Committee Chairperson), Mary Sanders (Outgoing Committee Member), Javin Fann (Committee Vice-Chairperson), and Donny Green (County Executive Director).

The Smithville-DeKalb County Chamber of Commerce presented checks to several downtown Smithville property owners after being awarded a $25,000 Community Development Block Grant (CDBG). The CDBG funding was used for commercial façade improvements on the west side of the public square including new awnings and signs, painting, building repair and other upgrades.
“Community development is one of the major keys to continued economic growth in our county,” says Chamber Director Suzanne Williams. “We are very grateful for the State of Tennessee’s investment in our ongoing downtown revitalization project. We are excited about future collaborative efforts with the State as we move forward with our Tennessee Downtowns Program.”
The CDBG program is administered in Tennessee by the Department of Economic and Community Development.

One of three people involved in a burglary and theft in June, 2014 was sentenced in DeKalb County Criminal Court on Monday, December 7.
36 year old Sherry Kay Malone entered a guilty plea to a charge of aggravated burglary and received a five year sentence all on TDOC probation. A theft charge against her was dismissed. The sentence is to run consecutively with another case against her.
A co-defendant in the case, 27 year old Brandon Hutchings pled guilty in August to aggravated burglary and received a five year sentence to serve. The term is to run consecutive to a violation of probation sentence against him. He was given jail credit of 420 days.
The case against another co-defendant, 47 year old Shannon Lynn Newby remains pending in court.
The three are believed to be responsible for a burglary and theft at a residence on Early Bain Road on Monday, June 2, 2014. Sheriff Patrick Ray said the investigation revealed that Malone dropped off Newby and Hutchings at the residence, drove away, and then parked nearby. While Malone was gone, Newby and Hutchings allegedly broke into the residence and removed from the home a 32 inch Element television, a 42 inch Sanyo television, several nail guns, and assorted tools. Malone was to have picked up Newby and Hutchings after they brought the stolen goods outside the home but a neighbor, who became suspicious when he saw Malone parked in the driveway of another residence in the area, went to confront her. The neighbor then notified central dispatch by cell phone and officers of the sheriff’s department were sent to investigate. The officers found the stolen items from the victim’s home outside near the garage but by that time Newby and Hutchings had already fled the scene.
Prior to the burglary and theft, the observant neighbor had already become suspicious when he spotted more than one person in a strange car driving back and forth several times down the road in the area. Later, he saw the same car again going down the road with only one person inside.
According to Sheriff Ray, Malone was questioned by detectives and subsequently charged in the case. Later that night, Newby was found walking on Robinson Road while Hutchings was picked up on Dry Creek Road. Both were wet and had scratches on them. Detectives believe at least one of the burglars cut himself during the break-in because blood was found inside the victim’s home. The DNA evidence was collected and sent to the crime lab.

A former manager of the Dairy Queen who allegedly stole thousands of dollars from the business and then staged the scene to make it look like a break-in earlier this year was sentenced in DeKalb County Criminal Court Monday, December 7.
21 year old Rebecca Dawn Duffield entered a guilty plea to a charge of theft of property over $1,000 and received a two year sentence but has been granted judicial diversion. She will be on supervised probation by TDOC. A vandalism charge against her has been dismissed. She will make restitution to the Dairy Queen in the amount of $380.27.
Duffield and her boyfriend, 20 year old James Anthony Skinner were co-indicted by the grand jury on November 23 for theft over $1,000 and vandalism under $500. Skinner’s case remains pending in court.
According to Smithville Police, Duffield and Skinner were inside the Dairy Queen on Sunday night May 3 cleaning up before closing when they stole more than $6,800 from the safe and then ransacked the office. Before they drove away in a blue Dodge Durango, Skinner was observed by a witness breaking out a glass in the drive through window apparently to give the impression that someone had broken into the business. The witness notified police and Officer Joey Myers responded to the scene at around 11:55 p.m.
Upon further investigation, Captain Steven Leffew said that the Durango was found parked at a residence on Short Mountain Highway and that both Skinner and Duffield were inside the home. Lieutenant Matt Holmes was informed that Duffield had just closed up the Dairy Queen and left moments prior to the incident. Lt. Holmes went to the residence and requested permission to search both the home and the Durango where evidence was collected. Police recovered over $6,800 which was returned to the owners of the Dairy Queen.

The City of Smithville is entering into a 99 year lease agreement with the DeKalb Coalition for the Humane Treatment of Animals.
The contract was approved by the aldermen during Monday night’s monthly meeting of the Mayor and Board of Aldermen.
Under the plan, the Coalition proposes to build a new animal shelter on a four acre site near the solid waste transfer station, behind Tenneco off of Highway 70 east. The property, owned by the Smithville Industrial Development Board, has been deeded to the city, which will enter into a 99 year lease with the Coalition, a 501 (c) 3 charity organization.
The goal of the coalition is for the county to have a permanent and safe location for neglected, abandoned and abused animals; to provide an alternative low-kill policy so these animals receive medical attention, reduce overpopulation, and be cared for until they can be placed in permanent homes.
The City of Smithville and DeKalb County have each pledged to appropriate $75,000 for the erection of a facility. The new shelter will take the place of a smaller one which has been in existence for years on county property but operated by the city behind the DeKalb County Highway Department Headquarters off Smith Road.
The city currently employs one full time person and one other person half time and also provides an animal control vehicle for the purpose of running the existing animal pound. Under the agreement, the city will continue to provide the personnel and vehicle to assist in the day to day operation of the animal shelter to be erected by the Coalition.
The lease/contract between the City of Smithville and the Animal Coalition specifies the following terms and conditions:
* The City is to lease to the Coalition the property for a term of 99 years beginning September 1, 2015 and ending August 31, 2114.
*The City shall pay to the Coalition the sum of $75,000 that has been appropriated for one-half of the anticipated cost for the erection of the animal shelter upon the land leased by the City to the Coalition.
*The Coalition shall be responsible for the erection of the building
*The City agrees to pay all utility bills connected with or which may accumulate directly or indirectly to Coalition’s term of occupancy.
*The City agrees that it shall be liable for and make all maintenance and structural repairs for the outside of the building, including roof and the heating and air conditioning units, except if caused by the negligence of the Coalition. The Coalition shall be responsible for maintenance of the inside of the building.
*The City shall not be responsible for any personal property placed on the premises by the Coalition, its agents, servants or employees, and it is understood and agreed that it is the Coalition’s responsibility to secure appropriate insurance to cover its personal property from any losses. Any personal property remaining on the premises 30 days after termination of this lease shall be and become the property of the City.
*The City shall insure the building with a reputable insurance company in a sufficient amount to replace the building if destroyed by natural disaster, fire, or other means.
*The City shall continue to provide to the Coalition the full time employee, as well as the part time employee and the animal control vehicle, to assist in the day-to day operation of the animal shelter and will budget funds for this purpose from year to year, subject to approval of the Coalition.
*The Coalition will maintain proper shelter and care for all domestic and wild animals and fowl that come into its custody.
*The Coalition will maintain suitable office hours at the animal shelter for the convenience of the public and for the purpose of transacting business in connection with the duties under this lease and for the purpose of receiving animals or for accepting applications for the redemption of impounded animals.
*The Coalition will, through duly appointed and legally qualified agents and officers, diligently enforce all animal regulation laws and ordinances and will capture and impound animals found running at large in the City in violation of those certain ordinances relating to stray animals and to the restraint of dogs running at large.
*The Coalition will provide proper food, water, shelter, and other humane treatment for such animals and fowl while they are in the Coalition’s possession and until placed or otherwise humanely disposed of by the Coalition.
*The Coalition will cooperate with the Health Department by following procedures required by the ordinance concerning persons or animals bitten by an animal in the City.
*The Coalition will investigate all reports of violations of City ordinances relating to animal control and regulation and, when warranted by the facts, shall cause to be prosecuted all persons charged with violation of said ordinances.
*The Coalition will be responsible for scheduling and overseeing all volunteers and staff.
*The Coalition will be responsible for providing foster homes and the adoption of the animals.
*The Coalition agrees to indemnify and keep harmless the City from all losses, damages, liabilities and expenses which may arise or be claimed against the City and be in favor of any person arising from the use or occupancy of said premises by the Coalition or arising from any acts, omissions, neglect or fault of Coalition, Coalition’s agent, employees or invitees.
*The Coalition agrees to take out and maintains public liability insurance with a reputable insurance company against property damage, personal injury, or death arising out of the use or occupation of the leased premises. The City shall be named as co-insured on all such policies, and Coalition shall furnish the City with a certificate of said coverage. Such coverage shall not be decreased or canceled without 30 days’ written notice to the City. All such policies shall be written as primary policies. This section shall not affect the indemnity or hold harmless provision in Section 17.
*The Coalition will collect all board, adoption, and impoundment fees and shall keep proper financial records to account for same. The Coalition will permit the City, at all reasonable times, to inspect and audit such records and shall make such reports of monies received as shall be required.
*The Coalition shall keep full and accurate records of all animals taken into custody and impounded, showing the date, place, reason, and manner whereby animals were brought into custody with a description of the animal and a record of its final disposition.
*The Coalition shall, in addition to the other duties outlined herein, be subject to call to rescue any injured animal or any animal or creature which is trapped, or is other unnaturally restrained and shall be responsible for providing humane treatment for same.
*The City hereby reserves the right to inspect the premises occupied by Coalition at any reasonable time.
*In the event the property is destroyed by fire or other acts of God or perils, the City is obligated to rebuild the building with the insurance proceeds, and, when rebuilt, this lease shall continue. Upon destruction or condemnation of all or a portion of the demised premises, the Coalition shall have the right, at its sole discretion, to stay at the premises or to cancel this agreement, on 30 days’ written notice without any further liability.
*In the event of failure of the Coalition to perform the terms and provisions of this lease, same shall constitute a breach of this lease and shall give the City, at option, the right to declare this lease forfeited, without notice or demand, and to take possession of said property and to recover any damages sustained as a result thereof, and, likewise, a failure on the part of the City to perform the terms and provisions of this lease shall give the Coalition the right to declare this lease forfeited and vacate said property without liability resulting from such breach.
*The property herein leased and the contract herein is not to be subleased, sold, mortgaged, or assigned by the Coalition, except with the written consent of the City. However, the City shall not unreasonably withhold or delay such consent.
*This agreement is to be governed by the laws of the State of Tennessee, and it is mutually understood and agreed to by the parties hereto that the City will defend this contract with all due and proper diligence should it be challenged by any action in law.
*City covenants and agrees with the Coalition that upon Coalition observing and performing all the terms, covenants, and conditions herein that the Coalition may peaceably and quietly enjoy the premises hereby demised.
*All covenants, promises, and agreements herein contained shall be binding upon, apply, and inure to the benefit of the devisees and successors of the parties hereto.
*This agreement contains the entire contract and agreement of the parties hereto and is signed in duplicate by the authorized officials of each party, with each party holding an executed copy hereof.