Claiming they were the victims of a scheme to get rid of them and others, two former employees of DTC Communications, James A Vaden of Carthage and Kevin C. Young of Smithville filed a federal court lawsuit against the company and the CEO Craig Gates in November claiming they were the victims of extortion and wrongful termination. Vaden and Young contend that the defendants, DTC and Gates, wrongfully interfered with their employee benefits and improperly denied them their severance benefits. The incident, according to the lawsuit, has also triggered an extortion investigation by authorities in the 13th & 15th Judicial Districts against Gates.
The dismissal of both Vaden and Young apparently grew out of a probe into allegations that a group of DTC employees had participated in a scheme to sell copper cable owned by the company for their own benefit. Vaden and Young claim they did not participate in such a scheme.
Gates and DTC Communications have answered the lawsuit, denying the allegations made by Vaden and Young.
The case is set for trial in the United States District Court for the Middle District of Tennessee Northeastern Division on March 18, 2014 before U.S. Magistrate Judge Joe B. Brown with the final pretrial conference set for March 3, 2014 in Cookeville. Meanwhile a telephone conference with the parties to discuss the progress of the case and the possibility of ultimate dispute resolution is set for July 10, 2013
Vaden and Young claim that while they were both exemplary employees of DTC or DeKalb Telephone Cooperative the new Chief Executive Officer, Gates, implemented a scheme to rid the company of many of its most senior and therefore most highly compensated employees. Gates terminated a few employees outright. He presented several others with an ultimatum: sign an agreement requiring, among other things, that the employees be reclassified as “new hires” which would have reduced their pay and vested pension benefits, or be terminated. No matter what choice Young, Vaden, and their co-workers made, the defendants, DTC and Gates would cut their payroll expenses dramatically, a convenient result at a time when DTC was widely known to be suffering financially,” according to the lawsuit.
Viewing the ultimatum to be nothing less than extortion, Young and Vaden refused to sign. They were promptly fired. To date, the defendants have refused to provide Young and Vaden with the severance benefits to which they are entitled pursuant to the company’s severance welfare plan, according to the complaint.
Defendants, DTC and Gates’ ultimatum to Young and Vaden constitutes extortion under the law of the State of Tennessee and that ultimatum is a wrongful basis for terminating Young and Vaden’s employment. Rather than being motivated by any misconduct on Young and Vaden’s part, defendant’s actions were driven by a desire to interfere with Young and Vaden’s pension, health, and welfare, and severance benefits and to retaliate against them for refusing to give up those benefits. Defendants have wrongfully denied Young and Vaden’s benefits to which they are clearly entitled,” according to the lawsuit.
In their answer to the lawsuit, DTC and Gates deny the allegations and deny there is any basis for liability. “After a careful and thorough investigation into the particularized facts, the defendants, DTC and Gates formed an honest belief that a group of employees, including Vaden and Young, participated in a scheme to sell copper cable owned by the company for their own benefit. Defendants, DTC and Gates deny that there is any basis whatsoever for individual liability as to Gates. Defendants deny that the severance policy contained in the employee handbook is a qualified plan pursuant to the Employee Retirement Income Security Act (ERISA). Defendants deny that any actions taken by the defendants were taken with the specific intent of avoiding ERISA liability. Finally, the defendants deny there is any factual or legal basis for any of the plaintiff’s claims, including their common law retaliation claims, which fails as a matter of law,” according to the answer filed by DTC and Gates.
Vaden and Young are seeking damages in an amount to equal the benefits owed to them under the employer’s severance plan; that they be awarded compensatory and punitive damages, including but not limited to statutory damages under the Employee Retirement Income Security Act (ERISA) for interfering with their right to employee benefits; that they be awarded compensatory and punitive damages for defendant’s extortion and wrongful termination; that they be awarded compensatory and punitive damages, including but not limited to statutory damages under ERISA for losses suffered due to the defendant’s breaches of fiduciary duty; that Gates be made personally liable for losses suffered by the plaintiffs; that the court enjoin the defendants from further breaching their fiduciary duties; that the court grant the plaintiffs reasonable attorney’s fees, pre-judgment interest and the costs of this cause; and that the court grant such further equitable, and or other relief as it may deem appropriate.
According to the lawsuit, Vaden began working for DTC on September 22, 1997 as a lineman on the line crew, installing, repairing, and replacing the external lines and related equipment that send telecommunications signals directly to consumer’s homes. He was employed by DTC as a lineman until he was terminated on April 3, 2012 at which time he was earning $21.97 per hour.
Young started working for DTC in February, 2000, where he was employed as an installer and repairman. In 2003, he was transferred to the line crew where he worked as a lineman, installing, repairing, and replacing the external lines and related equipment that send telecommunications signals directly to consumers’ homes. In 2009, Young was made the Network Administrator at DTC. He was employed by DTC in that capacity until he was terminated on April 3, 2012 at which time he was earning $26 per hour.
As a lineman, Vaden and Young’s job duties included tearing down old cables and poles and disposing of them. Some of the cable wiring was made of copper. Linemen tore down and disposed of cable as instructed by their supervisor.
Upon information and belief, during the year 2007, some DTC employees realized that scrap copper could be sold and so they began selling scrap copper cable at a scrap yard. Vaden and Young were not involved in this scrap copper selling, nor did they have knowledge of it at that time,” according to their lawsuit.
Upon information and belief, prior to this time, the cost of collecting and selling copper would have been equal to or greater than any profit received from its sale, and so DTC had no reason to object to employees selling said scrap copper,” according to the lawsuit.
Upon information and belief, DTC had no policy in place in 2007 concerning the proper procedure for disposing of copper scrap. If such policy existed, Vaden and Young were not, and still are not aware of it, they claim.
Eventually, as the price of copper increased, DTC began selling all the copper scrap itself and employees were instructed to refrain from selling copper wiring individually. Upon information and belief, all but one employee complied with those instructions.
On or about September 17, 2011, Craig Gates became the new Chief Executive Officer of DTC. Upon information and belief, this change in leadership was prompted by DTC’s declining financial health,” according to the lawsuit.
At some point after Gates arrived at DTC, an employee, Tom Irwin, was caught allegedly taking copper scrap that belonged to DTC. A criminal investigation followed and is still pending.
Faced with rising payroll costs and a number of employees nearing retirement age, Gates used this incident with Irwin as an excuse to investigate and eventually terminate the other employees who were working as linemen back in 2007, according to Vaden and Young.
Gates implicated nine employees who had been on the line crew in 2007. In late March 2012, Gates summarily terminated two of those employees, Dale Myers and Luke Judkins. Upon information and belief, at the time of his termination, Dale Myers had been employed at DTC for approximately 34 years and Luke Judkins had been employed at DTC for approximately six years.
On March 29, 2012, Gates gathered the remaining seven employees and interrogated them all separately. On April 2, 2012, Gates presented at least four of them with an identical document, entitled “Agreement of Suspension”. Gates gave them the choice of signing it or being terminated,” according to the lawsuit.
The Agreement of Suspension required Vaden, Young, and their co-workers to admit to committing theft in 2007, repay $700, plus interest calculated at the usurious rate of 20%, accruing since 2007, and accept a six week unpaid suspension of employment.
Among other things, the Agreement of Suspension also substantially reduced employee benefits to which plaintiffs were entitled or would have become entitled, to wit:
The Agreement of Suspension required plaintiffs to waive the employee grievance procedure provided to employees, as outlined in DTC’s Employee Handbook.
It suspended accrual of all employee benefits during the period of suspension, including health and pension benefits.
It required the linemen to accept re-employment after the period of suspension as “new hires” for any and all benefits available to them as employees. This provision would have eliminated vested pension benefits to which Vaden and Young were entitled by law. It would have also eliminated the vacation and sick time that Vaden and Young had accrued during the course of their employment.
It also required plaintiffs to accrue a 10% decrease in pay upon re-employment.
Those employees who signed the agreement, thereby admitting to theft from the company, were allowed to keep their jobs. Those who maintained their innocence and refused to sign, including Vaden and Young were terminated,” according to the lawsuit.
Maintaining their innocence of any alleged theft or impropriety, and unwilling to be wrongfully deprived of their employee benefits, Vaden and Young refused to sign the Agreement of Suspension. They informed Gates of their decision not to sign on April 3, 2012 and they were terminated on the spot, according to the lawsuit.
Through these actions, Defendants either terminated the employment of or cut the salary and benefits of at lease five of the six highest paid members of the line crew, in addition to the Network Administrator.
By his actions, ostensibly based on the copper scrap sales of 2007, Gates accomplished the expense of reduction of a company-wide lay off without having to provide severance benefits to the terminated employees or incur the increased costs of unemployment insurance.
During the investigation period from March 29, 2012 until April 3, 2012 and in the time since then, the defendants have uncovered no evidence of Vaden’s or Young’s involvement in the copper scrap sales, because no such evidence exists.
As of the date of filing this Complaint, investigators in the 13th and 15th Judicial Districts are exploring criminal charges of extortion against Gates based on his actions leading up to Vaden’s and Young’s termination, focusing in particular on the specifics of the Agreement of Suspension, according to Vaden and Young’s lawsuit.

The DeKalb County Commission seems to be in no hurry to take up a proposal to authorize Sunday beer sales or to make it 24-7, the same as the City of Smithville has done for businesses licensed to sell packaged beer.
Some county commissioners would rather the issue be settled by the voters in a public referendum next year. But County Attorney Hilton Conger, during Monday night’s county commission meeting, said the Tennessee Attorney General has opined that there is no statutory authority for a local government to hold an advisory or non-binding referendum election. Therefore, if a decision is to be made on extending beer sales in DeKalb County, the county commission, which already has the authority, will have to vote to do it.
Last month local businessman Jewel Redmon, owner of Jewel’s Market and Pizza on North Congress Boulevard asked that stores be allowed to sell beer on Sunday. “I would like the county commission to consider letting us sell beer on Sunday,” said Redman. “We would just like to have the same opportunity to compete with our competition,” said Redmon.
Local minister Bernard Houk asked the county commission not to extend the hours for beer sales. Houk said this issue is personal with him because he has seen how that alcohol has destroyed lives. He urged the commissioners to think about what’s best for people rather than somebody’s wallet.
County Mayor Mike Foster told WJLE Monday night that the county commission may discuss at next month’s all-committee’s meeting the possibility of scheduling a public hearing at some future date to give the citizens a chance to express their views on the issue. County officials may also want to take some time to see how the changes made in the city are working out. It would then be up to the county commission as to whether or not to take a vote on extending beer sales for licensed businesses.
In March 2009, Tennessee Attorney General Robert E. Cooper, Jr. issued an opinion in answer to a question as to whether the Hamilton County Commission could, by referendum, seek voter opinion in deciding an issue regarding a Property Tax Freeze Act of 2007.
In his written opinion, Cooper wrote that “there is no general provision in the constitution of this state that authorizes a local government to hold an advisory or non-binding referendum election. The cited provision of the Property Tax Freeze Act of 2007 authorizes the legislative body of any county or municipality to adopt the property tax freeze program by resolution or ordinance,” wrote Cooper.
The County Technical Assistance Service (CTAS), which gives advice to county governments, writes that “the power to extend the hours for the sale of beer must be exercised by resolution of the county legislative body.”
“Local governments may vote to extend the hours for beer sales, but cannot shorten the hours for businesses licensed to sell beer.
The general law provisions regarding the hours of operation for businesses selling beer prohibits the sale of beer during the following hours:
1. No beer or like beverage shall be sold between the hours of twelve o’clock midnight and 6:00 a.m. Monday through Saturday.
2. No beer or like beverage shall be sold between the hours of twelve o’clock midnight on Saturday and 11:59 p.m. on Sunday.
3. No such beverage shall be consumed, or opened for consumption, on or about any licensed premises, in either bottle, glass, or other container, after 12:15 a.m.
However, county legislative bodies are authorized to extend the hours for the sale of beer in their counties by resolution. The county legislative body has no authority to shorten the hours for the sale of beer. The power to extend the hours for the sale of beer must be exercised by resolution of the county legislative body and cannot be delegated to the beer board.
Regardless of the hours established for the sale of beer, any establishment that has a permit from the Alcoholic Beverage Commission (ABC) to sell liquor or wine for on-premises consumption is allowed to sell beer at any time the establishment is legally authorized to sell liquor or wine provided the establishment has obtained a beer permit.
The hours for the sale of beer in “clubs” must conform to the hours for sale of liquor by the drink as provided in state law and cannot be changed by resolution of the county legislative body.
In counties that have adopted liquor by the drink by countywide referendum, county legislative bodies may fix the hours for the sale of beer within the county, but these hours have no effect on business establishments selling liquor by the drink.
In any jurisdiction that has voted to accept Tennessee River Resort District status under state law and is considered a Tennessee River Resort District , the hours for the sale of beer within the district cannot be less than the hours for the sale of liquor and wine for on-premises consumption.

The Trustee’s Office would like to remind you that February 28 is the last day to pay the 2012 property taxes before penalties start accruing March 1.
The Trustee’s Office is open from 8:00 a.m. until 4:30 p.m. Monday- Friday. “Remember, if the last day comes and you can’t make it to the post office to postmark your payment, we do have a drop box on the outside wall of our new location at the new county complex,” said Trustee Sean Driver.
The Trustee’s Office also offers the State of Tennessee Tax Relief. “If you would like to check on a possible tax relief for 2012, come and see us at 732 South Congress Boulevard, Room 103 or call us at 597-5176,” said Driver. ” The last day to sign up for tax relief is April 5. Also any 2011 unpaid property taxes will be turned over to the Chancery Court on April 1,” he added.
Driver said you have four options for paying 2012 property taxes. “You can come by in person at the Trustee’s Office or you may mail in your payment. We also offer online bill pay at www.tennesseetrustee.com. You go to that website and select DeKalb County and then follow the instructions. Business Information Systems has set this up for approximately 65 Trustees across the state and there is a fee to use your debit or credit card. If you do pay online the fee to use your debit or credit card is 2.75%. Or you can use an e-check for 1.5%. Online accepts Mastercard, Visa, Discover, and American Express,” said Driver.
“We are also accepting partial payments. That is new for 2012 and it’s only for 2012 taxes. Partial payment can be for any amount that you want to pay of the total tax bill. Remember if you take advantage of the partial payment plan for 2012, only that portion left unpaid after the deadline will accrue the 1.5% penalty and interest per month,” said Driver.

32 year old Eddie D. Farris was arrested by Smithville Police on Sunday after he allegedly rammed his truck into several parked vehicles, pushing one of them up against a house on Wade Street.
Farris, of Hurricane Ridge Road, is charged with five counts of felony vandalism and reckless endangerment. Chief Randy Caplinger reports that on Sunday, February 24 officers were dispatched to Wade Street where numerous witnesses stated that Farris had rammed several parked vehicles with his truck. He also pushed one of the vehicles through a yard, striking a house. Victims stated that they were in the door way when the vehicle was pushed into the front of the house. Damage was also done to the sidewalk in front of the residence.
The warrants against Farris allege that:
Felony Vandalism over $10,000: Farris intentionally drove (his truck) into a 2011 Chrysler several times causing over $10,000 in damage.
Felony Vandalism over $1,000: Farris did intentionally hit a 1991 Chevy S10 pickup and pushed it into the house at 406 Wade Street. He hit the vehicle (with his truck) several times causing over $1,000 in damage.
Felony Vandalism over $1,000: Farris did intentionally hit a 1995 Suzuki several times (with his truck) causing over $1,000 in damage.
Felony Vandalism over $1,000: Farris intentionally pushed a vehicle into a house (with his truck) doing over $1,000 in damage to the house at 406 Wade Street.
Felony Vandalism over $500: Farris did intentionally damage a side walk belonging to the City of Smithville by pushing vehicles into the side walk (with his truck) causing over $500 in damage.
Reckless Endangerment: Farris put the lives of several people inside the house at 406 Wade Street in danger when he intentionally pushed a vehicle into the house with his vehicle.
Bond for Farris is $40,000 and he will be in court on March 14.
Nicholas A Hollingsworth was arrested for driving on a revoked license, simple possession of a Schedule VI drug and promotion of manufacture of methamphetamine. Warrants state that on Sunday, February 17 Hollingsworth was stopped for a revoked license and after confiscating some marijuana from his person, the officer received consent to search his vehicle. Items were found in the vehicle for use in the manufacture of methamphetamine. Bond for Hollingsworth is $28,000 and his court date is March 14.
30 year old Candice Brook Vickers was cited for possession of drug paraphernalia. Ms Vickers was a passenger in a vehicle that was stopped for a traffic violation. Vickers was found to be in possession of several used hypodermic needles. Her court date is March 14.
Anyone having any information on any criminal activities please contact the Smithville Police Department at 597-8210 or the Tip Line at 464-6046.
Any information received that will help the Smithville Police solve any criminal offense will be greatly appreciated. All information is confidential.

The Tennessee Department of Transportation plans to open bids on a construction contract for the new Sligo bridge project April 5.
TDOT officials held a pre-bid meeting Friday at the DeKalb County Complex for contractors. Ken Flynn, Director of Operations for the Tennessee Department of Transportation, Region 2, told WJLE that the purpose of the meeting was to give contractors as much information possible about the project so they can prepare for the bidding. “It was a pre informational meeting for our contractors to kind of fill them in on the progress of the Sligo bridge in letting that to contract. What this meeting did Friday was kind of bring all of our contractors up to speed on the peculiarities and specialty type items of the bridge to get them prepared to go in and put us together a good bid. Right now, barring any unforseen circumstances we have it for April 5 going to contract,” said Flynn.
Since a TDOT right of way deal could not be worked out with the Corps of Engineers because of Sligo Marina, which has just renewed its lease with the Corps, construction crews will largely have to access the site and work within the state right of way around the bridge. Barges will be brought in to do most of the work from the water. A construction staging area will be set up at the Highland Trail (Dubland) Boat Ramp near Riverwatch where contractors may gain access to the lake in getting to the bridge. “A lot of our access, because we want to keep on the right of way, will probably be from water access. We have an access point to the lake (Highland Trail Boat Ramp) and we will be using that to access the bridge site and do most of our work,” said Flynn
During the pre-bid meeting Friday, Jennifer Lloyd, TDOT Roadway Design Manager told contractors that the Highland Trail (Dubland) Boat Ramp is located 4.3 miles northeast of the bridge site. This area is an option for the contractor should he be unable to perform the necessary construction functions at the marina site within the proposed limited right of way. Representatives of the Riverwatch Golf Course and Mountain Harbour community and neighborhood groups are aware and supportive of the project. The road to Highland Trail Boat Ramp will be improved prior to construction and after completion of the Sligo bridge project. Access to the Highland Trail Boat Ramp will be closed during construction.
Contractors plan to access the construction site primarily by way of Highland Boat Ramp unless they (contractors) can reach some arrangement with the Sligo marina operators directly at the site or come up with other alternatives. “We’ve got some room (state right of way) on either side of the roadway (Highway 70) up top (above the construction site) so we’ll probably occupy every available space that we have,” said Flynn. “We do have access to the lake and river. That is the best access we have to come in on that area (Highland Trail Boat Ramp). But the contractors are pretty ingenious. They may come up with other avenues of access but right now the ones that we’re considering are the ones we have provided,” said Flynn.
The existing bridge will remain open during construction of the new bridge, which will be built some sixty feet to the north or to the left (traveling toward Sparta) of the old bridge. Flynn said that Sligo Road from Highway 70 to Sligo Marina will also remain open. “We’ll still allow access to the existing bridge and to the marina underneath we’ll have to maintain that access. Plus there are some water intakes for the local utilities so we have to maintain all of that for them,” said Flynn
Pyrite in the rock formations on each side of the river will have to be removed and hauled away during bridge construction. According to County Mayor Mike Foster, pyrite, which is made up of an iron sulfide, will have to be taken to other locations and buried. “They will dig a pit, line it with clay, put down the pyrite, and cover it over with clay so it doesn’t leak out into a stream,” said Foster.
Two encapsulation sites have been secured to dispose of the pyrite. One of the sites is at the former county landfill location on the Clyde Moore Road, three miles west of the bridge (2,468 cubic yards of pyretic material to be taken there), and on Billings Road, two and a half miles east of the bridge near the existing landfill (70,755 cubic yards of pyretic materials to be dumped there).
Bridge construction should begin within four to six weeks of awarding the bid, according to Flynn. “That’s usually a four to six week process. They will open the bids on April 5 and review them to make sure that they are accurate and that they follow all of our guidelines and requirements. Once its determined that there is qualified low bidder, then we will award the contract,” said Flynn.
The project is expected to be completed by June 30, 2016.
.

Three people charged in an Alexandria robbery last summer each received an eight year sentence in DeKalb County Criminal Court Friday after entering pleas in negotiated settlements.
24 year old Michael Ray Slaughter of Clarksville, 25 year old Dustin Shane Puckett of Watertown, and 27 year old Joseph Clark Hindelang of Lebanon each pleaded guilty to robbery and received an eight year sentence with parole eligibility after serving 30%. Each, originally charged with aggravated robbery, agreed to plea outside of the range of punishment to get the charge reduced to robbery.
Hindelang and Puckett, in addition to robbery, also pled to theft of property over $1,000 and each received a two year sentence to run concurrently with their eight year terms. Both Hindelang and Puckett were given jail credit of 206 days.
Slaughter’s eight year term is to run concurrent with any violations or other charges in effect against him. He was fined $2,000.
Alexandria Police Chief Mark Collins told WJLE that Slaughter, Puckett, and Hindelang were arrested in an armed robbery at a home on Measles Lane on August 1, 2012.
Police learned that two of the suspects entered the home, displayed handguns and forced the occupants, an adult female and two children , to sit and remain quiet while they went through the home taking several things including electronics, jewelry, personal items, and narcotics. After leaving the home, the suspects fled into the woods nearby but they were seen by witnesses, who reported it to Sergeant Chris Russell. After spotting a man running out of the woods, Sergeant Russell gave chase. After a short foot pursuit, the man, Slaughter was placed in custody. Shortly thereafter witnesses saw the suspects’ vehicle on High Street and reported it. Police responded, found the driver, Hindelang, and placed him in custody. Witnesses also reported having seen the third suspect, Puckett , running out of the woods on Brush Creek Highway. As a result, police found Puckett and arrested him. During a search of the area, officers recovered items taken from the home along with approximately 42 grams of marijuana found in the suspects’ vehicle and other items believed to have been stolen from another location. Police seized the vehicle as a result of the investigation.
Meanwhile, 41 year old Angela Dawn Engelhardt, the owner of the Measles Lane home, was charged with simple possession of marijuana and possession of drug paraphernalia while another woman living at the residence, 30 year old Angela Bartels , was arrested on outstanding warrants from Wilson County. Engelhardt was not at home at the time of the incident but was arrested later that night. Her case apparently remains pending in court.
The investigation was conducted by Chief Collins and Sgt. Russell
Chief Collins said he would like to commend the actions of the observant citizens for their assistance in the apprehension of the suspects as well as assistance from the DeKalb County Sheriff’s Department.

A pedestrian was the victim of a hit and run Friday morning on Short Mountain Highway.
Central dispatch received a call at 2:24 a.m. that a man had been struck by a passing motorist, who failed to stop after the incident.
The victim, 27 year old Devin French was apparently not seriously injured. He complained of leg and arm pain and was taken by DeKalb EMS to the hospital.
Trooper Bobby Johnson of the Tennessee Highway Patrol, who investigated the incident, said that according to French, he had been at his father’s home but had left on foot after the two of them got into an argument.
French was walking or standing in the roadway when a vehicle, described by French as a maroon colored SUV, approached him. After hitting French, the vehicle failed to stop and drove off. French, who claims he blacked out after being hit, was found lying in a ditch by a passerby.
Trooper Johnson said mirror glass was found on the highway. It is believed that French may have been sideswiped by a side view mirror on the vehicle as it passed..
According to Trooper Johnson, French had warrants against him from Trousdale County.

A 52 year old Liberty man charged in a fatal traffic accident last summer appeared in DeKalb County Criminal Court Friday before Judge Leon Burns, Jr. where he pled guilty to vehicular homicide, vehicular assault, and assault.
Johnny Lynn Hickey, facing a possible prison term of eight to twelve years and loss of his drivers license for up to three years, will be sentenced on May 24. He was indicted in December on one count of vehicular homicide, two counts of vehicular assault, and driving under the influence.
“We (state prosecutors) will be arguing for him (Hickey) to receive the most time he could serve,” said Gary McKenzie, Deputy District Attorney General in an interview with WJLE Friday.
“He pled guilty blind (without knowing what his sentence will be) which is a good indication of how strong the case was that the Tennessee Highway Patrol put together,” said McKenzie. “They did an outstanding job working this investigation. His plea has the same effect as if we would have tried and a jury convicted him,” said McKenzie.
Hickey was charged in the death of 30 year old Chris Gammons who passed away Monday, July 9, 2012 at Erlanger Hospital in Chattanooga.
Gammons and Hickey were among four people in the accident which occurred on Saturday morning, June 23, 2012 on Highway 70 near the intersection of Highway 96 (Dale Ridge Road) on Snow Hill.
Gammons and Troy Bruno, both of Smithville were airlifted from near the scene of the crash by Life Force and Air Evac helicopter ambulances. The other person injured in the wreck was 32 year old Cleva Elaine Gammons of Smithville, wife of Chris Gammons. Hickey was not hurt.
Central dispatch received the call at 3:28 a.m that morning.
According to Trooper Darrell Knowles of the Tennessee Highway Patrol, Hickey was traveling west on Highway 70 in a 2004 F350 full size flat bed truck when he crossed the turning lane and into the path of an eastbound 2002 Nissan Altima, driven by Cleva Elaine Gammons. Chris Gammons was a front seat passenger and Troy Bruno was a back seat passenger of the Altima. Chris Gammons was ejected and landed on the highway, in front of the Altima. Bruno was trapped in the backseat and had to be extricated by members of the DeKalb County Volunteer Fire Department’s Extrication and Rescue Team.
Bruno and Chris Gammons were transported by DeKalb EMS to a helicopter landing zone on Highway 70 at the intersection of Toad Road. One of them was airlifted by a Life Force helicopter and the other was flown out by an Air Evac helicopter. Mrs. Gammons was transported to DeKalb Community Hospital, where she was treated and released.
On the scene were Trooper Knowles of the THP, DeKalb EMS, Sheriff’s Department deputies, DeKalb Fire Extrication and Rescue, and members of the Short Mountain Highway, Main Station, Liberty, and Cookeville Highway stations of the DeKalb County Volunteer Fire Department.
The original complaint against Hickey stated that he admitted to consuming four beers. Several field sobriety tasks were given. Hickey did not perform as demonstrated. Hickey was transported to the emergency room of the hospital for a blood alcohol test and then to the DeKalb County Sheriff’s Department for booking.
The vehicular homicide indictment against Hickey alleged that he “killed Chris Gammons by the operation of the motor vehicle and that the killing was the proximate result of Hickey’s intoxication, constituting the offense of vehicular homicide”.
The indictments for vehicular assault alleged that Hickey “recklessly did cause serious bodily injury to Cleva Gammons and Troy Bruno by the operation of a motor vehicle, and the serious bodily injury was the proximate result of Hickey’s intoxication, constituting the offense of vehicular assault”.
The indictment for DUI stated that Hickey “unlawfully did, while under the influence of an intoxicant and/or drugs, drive or was in physical control of an automobile or other motor driven vehicle upon the public roads and highways… constituting the offense of driving under the influence of an intoxicant and/or drug, first offense”.

At a press conference Thursday at Old Hickory Dam, U.S. Senator Lamar Alexander (R-Tenn.) told a gathering of anglers and other community members that he will introduce legislation next week to delay the U.S. Army Corps of Engineers’ “unreasonable plan to restrict fishing below Cumberland River dams (including Center Hill Dam) that will destroy remarkably good recreational opportunities and many jobs.”
“Water spills through the Cumberland River dams less than 20 percent of the time on average,” the senator said. “To close off the tailwaters to fishing 100 percent of the time would be like keeping the gate down at the railroad crossing 100 percent of the time: The track isn’t dangerous when the train isn’t coming, and the tailwaters aren’t dangerous when the water isn’t spilling through the dam.”
Alexander said his legislation would require the Corps to conduct an environmental impact review before it could restrict public access to the fishing waters below ten dams on the Cumberland River. The senator said this process would likely take more than a year and would include multiple comment periods, as well as give Congress time to determine if the funding required for the safety barriers on the Cumberland River is in the best interest of public safety and the American taxpayer.
The senator, who is the senior Republican on the Senate committee overseeing Corps funding, also said that he “wanted to know exactly where the $2.6 million that the Corps plans to use to erect physical barriers is coming from during these tight budget times.”
Alexander was joined at Thursday’s event by Ed Carter, Executive Director of the Tennessee Wildlife Resources Agency, and Mike Butler, Chief Executive Officer of the Tennessee Wildlife Federation.
Carter told the gathering, “These are extremely important waters for economic and recreational reasons, and there are alternative ways to address the safety issues for boating anglers.”
Mike Butler said, “These are public waters, owned by the citizens and held in trust by the state, and they offer some of the best fishing to be found anywhere. The notion of completely banning boats from our world-class tailwater fisheries without any public input is alarming, and the statistics show that fishing below the dams is exceedingly safe.”
Two weeks ago, Alexander and U.S. Reps. Ed Whitfield (R-Ky.) and Jim Cooper (D-Tenn.) met at the U.S. Capitol with Maj. General Michael Walsh of the Corps to press their concerns about the Corps plan. Earlier Alexander had met with Lt. Col. James DeLapp, Commander of the Nashville District of the U.S. Army Corps of Engineers. The senator said he has requested a meeting with the Assistant Secretary of the Army to press his case that “there are more reasonable ways to achieve both the goals of public safety and allowing taxpayers to enjoy these good fishing opportunities.”
Alexander pointed out that the Tennessee Valley Authority achieves its safety goals without using physical barriers to restrict fishing access to tailwaters below its dams, instead using warning signs, strobe lights and horns at 22 of its 31 dams to warn of times when water will spill through the dams.
The U.S. Army Corps of Engineers, Nashville District, issued the following statement responding to U.S. Senator Lamar Alexander’s announcement at Old Hickory Lock and Dam.
“The U.S. Army Corps of Engineers, Nashville District, was honored to host U.S. Senator Lamar Alexander at Old Hickory Lock and Dam.During Senator’s Alexander’s visit, members of the District had the opportunity to show him the hazards (to include spilling and generating releases) within the proposed restricted areas and discuss the District’s commitment to providing for the Public Safety while coming in to compliance with ER 1130-2-520. As to the proposed legislation that Senator Alexander announced, the Corps cannot comment on pending or proposed legislation

Shan Burklow has been named Director of Marketing for DeKalb Community Hospital (DCH) and Stones River Hospital (SRH), according to Sue Conley, Chief Executive Officer, effective February 14. Burklow is a native of DeKalb County and has 19 years marketing experience.
“We are so pleased that Shan has joined our team. She brings her extensive knowledge of innovative communications with her and will help to develop a new focus and enthusiasm for our hospitals”, Conley stated, “She will assist in increasing our involvement and visibility in our communities and we are very excited to have her.”
Burklow started her career in publishing with many printed works to her credit including three best sellers, as well as receiving the SCBWI Speaker of the Year Award. Later, she opened the first fully digital photography studio in Tennessee (Studio Six) along with her sister, Beth Chandler. She is known to the community for her volunteer and charity work including the DeKalb County Fair Board, DeKalb Chamber of Commerce, Relay for Life and Crowns for a Cause as well as being a studio anchor for DTC-TV3. Burklow is a current host at the Tennessee State Fair and DeKalb County Fair.
Burklow credits her acceptance of this position to destiny, “I was born blind and extremely premature at DeKalb (DCH). I would have died if Dr. Hugh Don Cripps had not gone the extra mile to save me. After giving me mouth to mouth through a straw, he made a promise to my mom that he would send me to Vanderbilt if I lived through the night. I did, and he kept his word. After a year of blindness, my eyes were miraculously healed. God had a plan for me and Dr. Cripps is still my doctor over forty years later. I strongly believe that people give 150% when they sincerely care about you….and small community hospitals are staffed by your neighbors and friends who care and are already vested in your health and happiness.”
Due to her very public career and unusual story, Burklow has been featured on national television including Good Morning America, The 700 Club, The Today Show, and Entertainment Tonight. She currently resides in Dowelltown with her husband Andy and three children – Emily, Drew, and Charlie. In her spare time, she enjoys gardening, cooking, and laughing with her family.