State Lawmakers have voted to repeal a 1949 Private Act governing the manner in which members of the DeKalb County Democratic Party’s Executive Committee are selected. Tennessee Attorney General Robert Cooper, in a recent opinion, found the Act to be unconstitutional and unenforceable.
The county commission, in February, adopted a resolution by the required two thirds majority vote asking state legislators to repeal the Act. Jim Judkins, Chairman of the DeKalb County Democratic Party came before the county commission seeking this action.
Judkins explained that the 1949 Private Act, which was amended in 1972, calls for forty members of the local Democratic Executive Committee to be elected by popular vote every two years during the August Tennessee Democratic Primary from nineteen precincts across the county, some of which no longer exist.
The party has chosen instead to re-organize every two years under Tennessee Democratic Party rules, appointing seven members to the executive committee, one from each district.
According to Judkins, party leaders and members want the Private Act to be repealed to avoid a possible legal challenge in the future as to the validity in which the local party organizes.
The legislation to repeal the Private Act was introduced in the State House by State Representative Mark Pody and in the Senate by State Senator Mae Beavers. The vote to repeal was 91 to 0 in the State House and 31-0 in the Senate.
The measure must now come back before the county commission to be adopted again by at least a two thirds majority vote before it can take effect.
The State Attorney General’s opinion basically states that the legislature can’t constitutionally place burdensome restrictions on political parties in how they may organize.
In his opinion, AG Cooper wrote that “the statute (Private Act) constitutionally burdens the associated rights of the Tennessee Democratic Party and its members in DeKalb County and therefore is unenforceable”.
The DeKalb County Democratic Executive Committee was established under Private Acts of 1949, Chapter 771 and was subsequently amended in 1972. The Act calls for forty members to be elected from nineteen different precincts according to the population at those times. Several of the old precincts in the statute no longer exist and attempts by local party leaders to determine the old boundaries proved unsuccessful. It has been several years since anyone ran for the executive committee in DeKalb County on the primary election ballot, something the Private Act requires every two years, and the Act does not provide for reapportionment in redrawing the precincts.
Instead of electing members to the executive committee, as the Private Act calls for, the party sought an answer as to whether members could be appointed under the Tennessee Democratic Party Rules. Without a compelling state interest, Cooper’s opinion basically finds that the party may determine for itself how to organize, a right protected by the U.S. Constitution.
In seeking the AG opinion on the enforceability of the Act, local party leaders posed the question as to whether the DeKalb County Democratic Party could cease following provisions of the seemingly antiquated private act, which remains the law for DeKalb County, and hold a reorganization convention pursuant to Tennessee Democratic Party rules, organizing every two years under the general statutory law for the purpose of conducting business.
In his opinion, Attorney General Cooper wrote that “A political party’s determination of the boundaries of its own association, and of the structure which best allows it to pursue its political goals, is protected by the United States Constitution”. He cited a California case in which the U.S. Supreme Court found unconstitutional several California statutes restricting the organization and composition of political party committees. The high court ruled that the restrictions limited a political party’s discretion in how to organize itself, conduct its affairs, and select its leaders and that because these were constitutionally protected associational rights, the state of California’s restrictions could only be upheld if they served a compelling state interest. In that case, the court ruled California had not shown a compelling interest.
Under the DeKalb County Act, the State Attorney General opined that “the General Assembly directed that the DeKalb County Democratic Executive Committee have forty members elected in the Democratic Primary from a list of precincts, some of which apparently no longer exist. Members must be elected to two-year terms. The Act thus sets the size of a single county executive party committee, the method by which its members must be elected, and the terms they must serve. The Act clearly imposes restrictions limiting the Tennessee Democratic Party’s discretion in how to organize itself, conduct its own affairs, and select its leaders in DeKalb County. This Office is unable to identify any compelling State interest “necessary to the integrity of the electoral process” that these restrictions serve. For this reason, the Act unconstitutionally burdens the associational rights of the Tennessee Democratic Party and its members in DeKalb County and is unenforceable,” wrote AG Cooper.

Older voters in DeKalb County are much more likely to show up at the polls on election day than younger voters.
According to information obtained from the local election commission office, DeKalb County has a total of 8,662 registered voters ages 41 and over versus 4,299 between the ages of 18 and 40. Among active voters, only 3,097 persons age 18-40 regularly vote compared with 6,876 ages 41 and older.
Females outnumber males among registered voters 6,859 to 6,101 and 5,263 to 4,709 in the group of active voters.
Here’s how the number of registered voters and active voters break down by age group:
Ages 18-20:
667 registered/ 667 active voters
Ages 21-30:
1,769 registered/ 1,160 active voters
Ages 31-40:
1,863 registered/1,270 active voters
Ages 41-50:
2,192 registered/1,617 active voters
Ages 51-65:
3,635 registered/ 2,909 active voters
Over age 65:
2,835 registered/ 2,350 active voters
Here’s how the number of registered voters and active voters break down by district:
1st District:
1,919 registered/1,518 active
2nd District:
1,889 registered/1,455 active
3rd District:
1,842 registered/1,446 active
4th District:
2,107 registered/1,646 active
5th District:
1,883 registered/1,460 active
6th District:
1,732 registered/1,256 active
7th District:
1,589 registered/1,192 active

A 38 year old Alexandria man has been indicted on a charge of sexual battery by an authority figure.
Joseph Brandon Proctor of Adamson Branch Road, Alexandria will be arraigned in DeKalb County Criminal Court on Monday, April 14. He was named in a sealed indictment returned by the Grand Jury Monday.
According to the indictment, “Proctor, between April 1 and April 30, 2013, did unlawfully have sexual contact with a victim, who at the time of the offense was thirteen years of age or older but less than eighteen years of age. The defendant (Proctor), at the time of the offense, had parental or custodial authority over the victim and used that authority to accomplish the sexual contact, constituting the offense of sexual battery by an authority figure”.
Proctor was arrested Wednesday. He is under a $50,000 bond.

Eighteen members of the DeKalb County High School, Future Business Leaders of America organization attended the Tennessee State Leadership Conference in Chattanooga, Tennessee this week. The following members made finals in their event: Jordan Wilkins, Taneah Cantrell, Maggie Mahaffey (Emerging Business Issues), Katie Parker (Client Service), and Bailey Hayes (Public Speaking 2). The following members placed in their events:
•Bailey Hayes: 4th place in Public Speaking II
•Katie Parker: 5th Place in Client Service
•Kelsey MacDonald and Ashley Medlin: 4th place Chapter Community Service Project.
The Chapter received the Gold Seal of Merit Award, placed 2nd in can tab collection with 52 gallons and received recognition for our donation to March of Dimes.

Cannon County still has a Cannon County High School Teacher in the running for Tennessee Teacher of the Year.
Cannon County High School’s William Freddy Curtis has been selected as High School (Grades 9 – 12) Upper Cumberland Regional Teacher of the Year and is still in the process for Teacher of the Year in Tennessee.
“Mr. William Freddy Curtis is a great asset to the Cannon County School System,” said Barbara Parker, Cannon County’s Director of Schools. “It is definitely an honor to be recognized by your school peers as Teacher of the Year and by your district as District Teacher of the Year, but to be recognized as Upper Cumberland Regional Teacher of the Year means that you have risen above some very stiff competition from 22 Upper Cumberland systems. This is a very prestigious award for Mr. Curtis and a statement of how excellent the teachers are in Cannon County.”
Curtis is a 28-year veteran of education. He currently serves as U.S. Government teacher at Cannon County, where he also teaches Sociology, AP U.S. Government and Politics. He is a former principal of West Side School in Readyville. He was chosen in the grades 9-through-12 division. “I really believe that being judged or compared to other educators is an affirmation that other colleagues value what you do,” Curtis said. “In our current era of Common Core Standards schools are being evaluated as an entire group, so we are all part of the team. All of us at Cannon County High School must strive for excellence with all of our students. This recognition means, to me, that I am a good team player, and that as a part of the team I am playing my position well. It is always good to get a pat on the back, but when it is your colleagues demonstrating that to you, it is pretty special.”
“Mr. Curtis is extremely enthusiastic in the classroom,” Parker said. “He loves to teach, and it shows. He always has the students foremost in his mind when he teaches. I was elated to have two Regional Teachers of the Year from Cannon County. Mr. Curtis is very deserving.”
Curtis has taught at the grammar school and high school level, as well as served as Principal at West Side Elementary School. His genuine desire to educate is a motivating factor. “I sincerely care about each and every student and want to make a difference on what each one of them think about U.S. Government, Sociology, and AP US Government and Politics,” Curtis said. “One thing I quickly learned from going from an elementary/middle Grades teacher to Principal to high school teacher is that students desire genuineness and spot a phony a mile off. High school students desire respect, and I give it to them, and thus earn theirs. My desire is to be an example of Civic and Christian virtues that our society is in great need of, and my short time in their lives will be a legacy that will live on longer than I will. My reward in teaching is observing each student come to a basic knowledge of US Government and seeing the light come on, that my subject is not boring, but exciting and challenging.”
The Tennessee Teacher of the Year Program is designed to promote recognition, respect and appreciation for teachers; to stimulate interest in teaching as a career; and to encourage public involvement in education.
This program is sponsored annually by the Tennessee Department of Education and the Niswonger Foundation.
The Tennessee Teacher of the Year represents Tennessee at the National Teacher of the Year competition, which is sponsored by the Council of Chief State School Officers and Scholastic, Inc.
Teachers of the Year are selected competitively through five cycles: Building, System, Field Service Center Region, Grand Division and State; and from three categories (levels of teaching); Grades Pre K-4, 5-8, 9-12.
Teachers selected at each cycle receive local recognition and awards underwritten by local sources. State recognition/awards include a banquet honoring the nine State Teacher of the Year finalists and certificates of appreciation from the Governor. In addition, the State Finalists and the State Teacher of the Year receive cash awards from the Niswonger Foundation.
The Tennessee Teachers of the Year will be selected in each category during voting in August.
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 7 months.

Four persons have been named in sealed indictments charged with TennCare Fraud.
The DeKalb County Grand Jury returned indictments Monday against 30 year old Jackie Blake Sanders of Crestlawn Avenue, Smithville; 59 year old Kenneth Bain, Sr. of Old West Point Road, Smithville; Lisa Lue Summers of Cookeville Highway, Smithville; and 35 year old Michael Shone Saylors of West Main Street, Smithville. They were all arrested Wednesday. Bond for each is $5,000 and they will be arraigned Monday in DeKalb County Criminal Court.
Sheriff Patrick Ray said each of the four cases resulted from a recent undercover drug investigation conducted by the Sheriff’s Department.
The indictment against Sanders alleges that “on or about October 21, 2013, he did unlawfully, intentionally and Knowingly sell and deliver a controlled substance obtained through TennCare (Oxycodone), constituting the offense of TennCare Fraud”.
Bain’s indictment alleges that “On or about October 2, 2013 he did unlawfully, intentionally, and knowingly sell and deliver a controlled substance obtained through TennCare (Morphine Sulfate) constituting the offense of TennCare Fraud.”
The indictment against Summers alleges that “On or about December 4, 2013, Summers did unlawfully, intentionally, and knowingly sell and deliver a controlled substance obtained through TennCare (Hydrocodone) constituting the offense of TennCare Fraud.”
Saylors’ indictment alleges that “On or about October 7, 2013, he did unlawfully, intentionally, and knowingly sell and deliver a controlled substance obtained through TennCare (Hydrocodone), constituting the offense of TennCare Fraud.”

The State House of Representatives has adopted resolutions paying tribute to the DCHS Class of 2014 Valedictorian Kelsey Evins and Salutatorian Ashley Barnes.
The resolutions were sponsored in the State House by Representatives Terri Lynn Weaver and Mark Pody and were adopted by a vote of 97 to 0 on Wednesday. The State Senate is also expected to adopt the resolutions, sponsored by State Senator Mae Beavers.
Evins and Barnes will be formally presented copies of the resolutions by Representatives Weaver and Pody and Senator Beavers at a soon to be announced breakfast or luncheon.
The resolution honoring Evins is as follows:
“A RESOLUTION to honor and recognize Kelsey Evins, 2014 Valedictorian of DeKalb County High School.
WHEREAS, it is fitting that the members of this General Assembly should pause to pay tribute to those students who, through their natural talents and unflagging commitment to academic excellence, have distinguished themselves in the classroom; and
WHEREAS, Kelsey Evins is one such exceptional student who was recently named Valedictorian of the 2014 graduating class at DeKalb County High School; and
WHEREAS, through diligent study, steady composure during examinations, and steadfast commitment of time and talent, Kelsey achieved outstanding academic success and joined the ranks of the best and brightest students in Tennessee and our country; and
WHEREAS, in her remarkable high school career, Kelsey earned an exemplary grade point average while participating in numerous extracurricular activities, including Literature Club, Senior Beta Club, and Student Council; and
WHEREAS, Kelsey’s display of intellectual aptitude and ambition surely bodes well for her future success as a student at Vanderbilt University; and
WHEREAS, Kelsey’s noteworthy achievement is a tremendous source of pride for her parents, Dub and Edie Beth Evins, her school, and her community; and
WHEREAS, Kelsey’s dedication to excellence is clearly deserving of the respect, admiration, and commendation of this legislative body; now, therefore,
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED EIGHTH GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, THE SENATE CONCURRING, that we hereby commend and honor the 2014 DeKalb County High School Valedictorian, Kelsey Evins, on her impressive academic achievement and extend to her our best wishes for a happy, successful future.”
The resolution honoring Barnes is as follows:
“A RESOLUTION to honor and recognize Ashley Barnes, 2014 Salutatorian of DeKalb County High School.
WHEREAS, it is fitting that the members of this General Assembly should pause to pay tribute to those students who, through their natural talents and unflagging commitment to academic excellence, have distinguished themselves in the classroom; and
WHEREAS, Ashley Barnes is one such exceptional student who was recently named Salutatorian of the 2014 graduating class at DeKalb County High School; and
WHEREAS, through diligent study, steady composure during examinations, and steadfast commitment of time and talent, Ashley achieved outstanding academic success and joined the ranks of the best and brightest students in Tennessee and our country; and
WHEREAS, in her remarkable high school career, Ashley earned an exemplary grade point average while participating in many extracurricular activities, including Student Council, Beta Club, Literature Club, Science Club, Spanish Club, and basketball; and
WHEREAS, Ashley’s display of intellectual aptitude and ambition surely bodes well for her future success; and
WHEREAS, Ashley’s noteworthy achievement is a tremendous source of pride for her parents, David and Suzette Barnes, her school, and her community; and
WHEREAS, Ashley’s dedication to excellence is clearly deserving of the respect, admiration, and commendation of this legislative body; now, therefore,
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED EIGHTH GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, THE SENATE CONCURRING, that we hereby commend and honor the 2014 DeKalb County High School
Salutatorian, Ashley Barnes, on her impressive academic achievement and extend to her our best wishes for a happy, successful future.”

A man who was shot after drawing a weapon on two officers of the DeKalb County Sheriff’s Department last May has been indicted on two counts of attempted first degree murder.
The DeKalb County Grand Jury on Monday returned a sealed indictment against 55 year old Randy Gerald Petty. He was arrested without incident by agents of the Tennessee Bureau of Investigation on Wednesday. He is under a $100,000 bond and will be arraigned next Monday, April 14 in DeKalb County Criminal Court.
On May 23, 2013, Deputies Jeremy Taylor and Erik Russell responded to a 911 call of shots being fired at 255 Petty Road in Smithville. There, while standing at the rear of Deputy Taylor’s vehicle, Deputy Russell saw and heard something off to his side. Using his flashlight, Russell spotted Randy Petty pointing a scoped rifle at the two deputies. Both of them drew their weapons and fired, striking Petty several times in his extremities. He later recovered from his wounds.
At the request of District Attorney General Randy York, the TBI began investigating the case on May 23, 2013.
The two count indictment against Petty states that “On or about May 23, 2013, Petty intentionally and with premeditation did attempt to kill Jeremy Taylor and Erik Russell, constituting the offense of attempted murder in the first degree

DeKalb County High School Tigerette Coach Danny Bond got his 600th career victory as head softball coach Tuesday with a 14 to 0 win over York Institute at Jamestown.
Bond is the only coach the Tigerette program has had since it began in 1986. In twenty eight seasons the programs district win-loss record is 254-53 (.827). The overall win-loss record is 578-236 (.710). Under Coach Bond, the program has won fourteen regular season district titles, twelve district tournament titles, made twenty one region tournament appearances, has won four region tournament titles, made nine sub-state appearances, won five sub-state titles, and made five state tournament appearances. Coach Bond has been named District Coach of the Year eleven times and he has one Mid-State Coach of the Year and one T.A.C.A. Coach of the Year honor.
This year’s team has compiled an overall record of 22-1 to date and are champions of the Gordonsville and Macon County Invitational Tournaments.
In the game Tuesday, DeKalb County scored fourteen runs on eleven hits and made no errors. York Institute was held scoreless on one hit with one error. Lauren Colwell was the winning pitcher.
The Tigerettes scored two runs in the first inning, seven runs in the second, one run in the third, and four runs in the fourth inning.
Tyra Graham had three singles, Danielle Tyson had two singles, and Shauna Taylor, Reagan Patton, Maddie Dickens, Dani Meadows, Kayley Caplinger, and Lauren Colwell each had a single.
The Tigerette’s remaining schedule is as follows:
WEDNESDAY, APRIL 9: MACON COUNTY: 4:30 p.m. AWAY
THURSDAY, APRIL 10: *CENTRAL MAGNET (DH): 4:30 p.m. HOME
MONDAY, APRIL 14: GRUNDY COUNTY (DH): 4:30 p.m. HOME
TUESDAY, APRIL 15: MACON COUNTY & (JV): 4:30 p.m. HOME
THURSDAY, APRIL 17: *LIVINGSTON & (JV): 4:30 p.m. AWAY
FRIDAY, APRIL 18: GRUNDY COUNTY (DH) 2:00 p.m. AWAY
TUESDAY, APRIL 22: *CANNON COUNTY (JV): 4:30 p.m. HOME
THURSDAY, APRIL 24: *SMITH COUNTY (JV): 4:30 p.m. HOME
FRIDAY-SATURDAY, APRIL 25-26: COFFEE COUNTY TOURNAMENT: 4:30 p.m. MANCHESTER
MONDAY, APRIL 28: *UPPERMAN & (JV): 4:30 p.m. AWAY
THURSDAY-THURSDAY, MAY 1-8: DISTRICT 8AA TOURNAMENT TBA BAXTER
MONDAY, MAY 12: REGION 4AA SEMI-FINALS TBA
WEDNESDAY, MAY 14: REGION 4AA FINALS
FRIDAY, MAY 16: SECTIONALS (SUBSTATE)
TUESDAY-FRIDAY, MAY 20-23: TSSAA STATE TOURNAMENT TBA MURFREESBORO

The DeKalb County Grand Jury returned indictments against fifty nine people Monday including ten who were named in sealed indictments. The names of those in sealed indictments cannot be revealed until they are arrested.
The defendants will be arraigned in DeKalb County Criminal Court on Monday, April 14.
The list of persons indicted and their charges are as follows:
Richard S. Adams: driving on a revoked driver’s license (2 counts), financial responsibility, and violation of the light law
Scott Richard Adams: theft over $1,000 and introduction of contraband into a penal institution
Amanda Maxwell Bain: theft under $500
Robin Ann Baquedano and Jonathan Nellums: theft over $60,000
Berna Dean Barnes: possession of paraphernalia
Russell Blackwell: aggravated assault and aggravated burglary
Jessica Renee Bogle: evading arrest
Elizabeth Rochelle Bradshaw: child neglect (2 counts)
Robert Brian Callahan, II and Tony J. Starkes, Jr.: aggravated robbery, aggravated kidnapping, and theft under $500
Jamie Scott Campbell: assault
Thomas K. Copenhaver: aggravated sexual battery
Brady Gordon Cunningham: theft over $10,000, driving under the influence (4th offense) and possession of a schedule IV drug
Steven Dale Davidson: theft over $1,000
Johnny Lynn Devault: theft under $500 (2 counts)
Rickey Lynn Devault: aggravated assault
Duane Kaimana Edlao: possession of a schedule VI drug for resale
Killian Blake Ellis: domestic assault and driving on a suspended license
Killian Blake Ellis and Martha Shelyane Silcox: vandalism over $1,000 (5 counts) and theft under $500 (5 counts), vandalism over $500
Jennifer Ferrell: theft over $1,000
Timothy Wade Ford: initiation of methamphetamine
Elizabeth Collette Gardenhire: theft under $500
Rodney H. Gora and Steven Dale Davidson: aggravated burglary and theft over $500
Don Dimond Groshon and Lynda Neville: aggravated burglary and theft over $1,000
Don Dimond Groshon: driving on a suspended license
Lynda Michelle Neville: theft under $500
James Handy: theft under $500, criminal trespass, and theft over $1,000
Tracy Haynes: evading arrest
Robin Lee Lawson, II: burglary, theft over $1,000, and public intoxication
Lori A. Lewis: passing a forged prescription
Mindy Celas Magouirk: driving on a suspended license
Amanda Gail Maxwell and Charles Wayne Reagan: aggravated robbery, aggravated kidnapping, aggravated assault, and theft over $1,000
Lance R. Miller: theft over $10,000
Christopher S. Mooneyham: aggravated burglary, public intoxication, driving under the influence (2nd offense) and driving on a revoked license
Scott Moore: assault
Skyelor Patrick: aggravated assault (2 counts)
Virginia D. Presnell: false report
Stephen Hunter Pugh: driving under the influence (2nd offense), driving on a revoked license (2 counts), possession of paraphernalia, failure to maintain lane, financial responsibility, and failure to wear a seatbelt
Michael Ray Reeder: possession of a schedule VI drug for resale
Johanna Rojas: driving without a license and financial responsibility
Raymond Austin Simpson: assault and theft over $500
James Frederick Summers: theft under $500, criminal trespass (2 counts), driving on a revoked license (4th offense), financial responsibility, and registration violation
Shannon E. Tayes: driving under the influence, failure to maintain lane, and violation of implied consent
Jeremy Robert Vaughn: driving on a suspended license and financial responsibility
Jeremy Robert Vaughn and Lilliedee Rose Six: auto burglary and theft under $500 (3 counts)
Abigail Vogel: theft under $500
Kristie Renea Waggoner: driving under the influence (2nd offense)
Zack Walker: aggravated burglary and theft under $500
Autumn D. White: Driving on a suspended license, criminal impersonation, violation of the seatbelt law, and financial responsibility
Gary E. Woodard: driving under the influence, driving on a suspended license, violation of the seatbelt law, financial responsibility, and open container