The DeKalb County Beer Board has again delayed a hearing on the revocation of the off premises permit of Nicoles Market at 7024 Short Mountain Highway.
The board met Thursday night at the courthouse to take up the issue but decided to wait until the next meeting in October after questions were raised concerning another store in the area with a beer permit, One-Stop Market, at 3794 Short Mountain Highway.
In November 2008, the beer board granted an off premises permit to Areceli Soto Godinez, the owner of Nicole’s Market, apparently not knowing the store is less than 2,000 feet from the Mount Pisgah Free Will Baptist Church, a violation of the county’s distance regulations
DeKalb County has a rule forbidding the sale, storage and manufacture of beer and like beverages within 2,000 feet (or some lesser distance) of schools, churches, and other places of public gathering.
Frank Buck, attorney for the owners of Nicole’s Market, told the beer board Thursday night that One-Stop Market may also be within 2,000 feet of a church, the New Home Baptist Church, which would also be a violation of the county’s distance requirement “I know a speedometer is not a very good way to be measuring but I went out there and it is without question, very, very close. It’s either within 2,000 feet or just outside (2,000 feet). It’s between three and four tenths of a mile. The case law very clearly says it’s building to building. You’ve got to measure from the nearest corner of the (store) building to the nearest corner of the building of the church. You must have a uniform method of measuring. And if that thing (One Stop Market) is within the 2,000 feet then my view is that you all have got a very serious problem with revoking this man’s license (Nicole’s Market).”

Buck also wants to see the resolution where the county commission has ever established the 2,000 foot distance requirement. Both he and Sarah Cripps say they have researched years of county records and cannot locate any such resolution. Cripps is the attorney for the owners of D& D Market of 7166 Short Mountain Highway, who were denied a beer permit in July because that store is also within 2,000 feet of the Mount Pisgah Free Will Baptist Church.
County Attorney Hilton Conger says the beer board has been relying on the 2,000 foot distance requirement for many years. “When the beer laws were first enacted, the county commission actually served as the beer board and then they formed an independent beer board and Chairman (Mack) Harney was on that original beer board and has served on it ever since.”
As for any stores in violation of the distance requirement, Conger still insists that the beer board has the right to revoke their permits if they were inadvertently granted in error. “I believe the law is clear that we can revoke any permit that is within the prohibited area. We want to get it right.”
However Buck suggested that if the beer board has granted more than one permit in error, that might not be considered inadvertent.
Conger advised the beer board to postpone the hearing until October 1st . In the meantime, a survey will be conducted to determine the exact distance between One-Stop Market and the New Home Baptist Church, and more research will be done in hopes of locating a county commission resolution establishing the distance requirement.

The 2009 Homecoming Queen at DeKalb County High School is April Michelle Hale
A senior, Hale is the 17 year old daughter of Kevin and Judith Hale of Smithville. She is a member of the French Club, Science Club, and Literature Club. Hale is also a four year football cheerleader, and this year serves as captain. She is a member of the Jesus is the Answer Church in Watertown.
The Homecoming Attendants are:
Senior Attendant – Kendra Elaine Foutch, the 17 year old daughter of Tracy and Belinda Foutch of Smithville. Foutch is a member of the Beta Club, Student Council, FBLA, Literature Club, and HOSA. She is also a basketball cheerleader and attends the First Assembly of God.
Senior Attendant- Hillary Shea Bowman, the 17 year old daughter of Mike and Lisa Bowman of Smithville. Bowman is a member of the Science Club, Literature Club, and French Club. She is also a football cheerleader, four year basketball statistician, a two year Tigerette Softball Player, and a Junior Pro Cheerleading Coach. Bowman attends the Keltonburg Church of Christ
Junior Attendant- MaKenzi Brooke Gibson, the 16 year old daughter of Erin and Shelly Gibson of Dowelltown. Gibson is a member of the Student Council and the French Club. She is also a member of the Salem Baptist Church
Sophomore Attendant- Johnna Rochele Roller, the 14 year old daughter of John and Michele Roller of Dowelltown. Roller is a member of the Literature and Science Clubs. She is also a football cheerleader, a member of the New Life United Pentecostal Church, and she participates in the Salem Baptist Church Youth Group.
Freshman Attendant- Lydia Morgan Foutch, the 14 year old daughter of Tracy and Belinda Foutch of Smithville. Foutch is a member of the Junior Beta Club, Student Council, FBLA, and Literature Club. She is a basketball player and she attends the First Assembly of God.
Spirit week activities will be held September 8th -11th at DCHS. The Homecoming Parade will take place Friday afternoon and the Tiger Homecoming Football game will be at 7:00 p.m. September 11th against the White County Warriors. WJLE will have LIVE coverage of the parade and the game.
(Pictured: Bottom Row, Left to Right- Hillary Shea Bowman, Queen April Michelle Hale, and Kendra Elaine Foutch. Back Row, left to right- Lydia Morgan Foutch, MaKenzi Brooke Gibson, and Johnna Rochele Roller)

A 26 year old man was charged with driving under the influence Wednesday night after he lost control of his 1994 Jeep Cherokee Sport and overturned on Old Bildad Road.
Trooper Dewaine Jennings of the Tennessee Highway Patrol says Steven Bradley Emberton of Green Hill Road was traveling north toward Keltonburg Road when he went off the right side of the road, entered a ditchline, and struck a tree. The vehicle then overturned on it’s top blocking the road.
Emberton refused transport by EMS to the hospital but because he had a strong odor of alcohol on his person, Trooper Jennings asked him to submit to field sobriety tasks. He was subsequently charged with DUI.

Mayor Ria Baker and Alderman Tony Tarpley were elected to new four year terms during the Alexandria City Election Thursday.
Only nineteen people voted.
Mayor Baker received 18 votes and Tarpley had 19 votes
A mayor and three aldermen were supposed to be elected Thursday but Mayor Baker and Alderman Tarpley were the only candidates to qualify to get their names on the printed ballot. Aldermen Eddie Tubbs and Charles Griffith chose not to seek re-election.
There could also be no write-in candidates because the deadline had passed for anyone wanting to run as a write-in candidate to get in the race.
The remaining two vacancies on the city council will have to be filled by appointment of the board of mayor and aldermen.

The Smithville-DeKalb County Chamber of Commerce Tuesday presented a Milestone Award to Salem Baptist Church, 319 West Main Street, Liberty to recognize their 200th year. T
The 200th Anniversary with its theme, “We’ve Come This Far By Faith,” will be celebrated on Sunday, September 27th.
The Chamber also recently presented a Community Improvement Award to Smithville First
Baptist Church for their newly completed Life Enrichment Center.
The beautiful 13,000 square foot brick facility includes a basketball court, full kitchen, and stage area with sound system.
For more information on using the building, call 597-4275.
Pictured above: Robert Robinson, Anniversary Committee Chairman; Pastor Mark Wade; Suzanne Williams, Chamber Director
Pictured below are Pastor Mark Bass, Smithvile First Baptist Church members,
Circuit Court Clerk Katherine Pack, Chamber Board Member Gina Denman, and
Chamber Director Suzanne Williams.

DeKalb Community Hospital’s 40th Anniversary Celebration is set for Thursday, September 10th at 5 p.m. and you are invited to attend.
Members of the hospital administration, physicians, and staff urge you to help celebrate the hospital’s long history of serving the community. The hospital opened its doors to patients in August of 1969.
There will be pictures on display and stories shared. Bring any pictures or stories you may have of the hospital or its doctors from over the past 40 years.
The Boy Scouts will be performing a very special flag ceremony.
A special invitation is extended to anyone born at DeKalb Community Hospital to come to this event. The babies of DeKalb Community Hospital will be recognized by being given a special ribbon to wear.
There will be tons of family fun- including but not limited to tattoos for the kids (temporary of course!), music and entertainment, and a bunch of balloons.
You may visit with many of the hospital’s current employees and doctors. If you are a former employee of DeKalb Community Hospital you are requested to attend . You will be recognized for your contribution to the hospital and to the members of our community.
You will have the opportunity to meet the hospital’s new CEO, Bill Little (a Smithville native). Little has big plans for DeKalb Community Hospital. At the event he will share his vision of what the future holds for the hospital and for your healthcare.
There will be a butterfly release. The butterfly has long been a symbol of hope. You are encouraged to come and bring your children to enjoy this unique experience and to support local Girl Scouts. The Girl Scouts will play an intricate role in the butterfly release by pairing up with the children in the crowd. They will help them whisper their hopes and dreams onto the wings of the butterflies. At just the right moment all 125 butterflies will be released from their individual envelopes. You will be captivated by their delicate beauty as they flutter about and then finally carry the hopes and dreams of our children up to the heavens.
And last but not least, there will be plenty of cake and ice cream for everyone.

An elderly Dowelltown man is charged with assault and sexual battery of a home health nurse last week.
Sheriff Patrick Ray says 83 year old Lloyd Howard Tisdale of Manhill Road Dowelltown was charged with one count of assault and one count of sexual battery on Monday, August 24th. Detectives received the complaint from a home health nurse who was at Tisdale’s residence treating his girlfriend for a medical problem. Tisdale’s girlfriend also lives in the residence. The nurse reported that Tisdale grabbed her bottom and pushed her against the wall and that when she tried to make a phone call from her cell phone to advise her employer of what happened, Tisdale grabbed her arm and slammed her wrist against a counter. The nurse was able to leave the home. She went to the emergency room to seek medical attention on her wrist. Detectives charged Tisdale with the crime. His bond was set at $6,000 and he will appear in court on September 17th.
37 year old Timothy Roy Hale of East Main Street, Liberty was charged Monday, August 24th with being a fugitive from justice. He is wanted in Fulton County Kentucky for failure to pay child support. Bond for Hale was set at $50,000 and he will appear in court on October 1st.
21 year old Gerardo Mares Delgado of Red Road McMinnville was stopped for a traffic violation on Highway 70 on Tuesday, August 25th. When the officer asked for Delgado’s driver’s license, he could not produce one but told the deputy that his name was Fernando Toomes. He also said his name was Fernando Torres. The officer checked and found his real name to be Gerardo Mares Delgado. He was charged with criminal impersonation and driving without a license,
Patrick and his bond was set at $3,000.
On Tuesday, August 25th, a county deputy spotted a vehicle on Old Blue Springs Road going into the ditch, crossing the centerline, and at one point almost running another oncoming vehicle into the ditch. After the officer stopped the vehicle, he found 32 year old Dorothy Marie Herman to be the driver. He noticed Herman to be confused, sweaty, and to have slurred speech. Herman also had a white residue on her lips. Herman submitted to field sobriety tasks which she failed. Found in the car was a bottle with 1-½ pills believed to be xanax. Herman admitting to taking hydrocodone and xanax earlier in the day. Herman was charged with driving under the influence and simple possession of a schedule IV drug (xanax). Her bond was set at $3,500 and she will appear in court on September 17th
On Thursday, an inmate at the DeKalb County Jail, 20 year old Thomas Austin Bagnall of Land O Lakes Blvd. Tampa Florida was charged with vandalism after he set off the fire alarm in the DeKalb County Jail Annex. Bagnall tampered with the sprinkler system in a holding cell causing the sprinkler to activate and spray water into the Annex portion of the jail. Bond was set at $5,000 and he will appear in court on September 17th.

The DeKalb County Tigers won their first game of the season Friday night at home beating the Oneida Indians 35 to 28.
The Tigers got on the scoreboard first with 3:30 to go in the first quarter on a three yard touchdown run by quarterback Hunter Poteete. The P.A.T. by Zack Taylor was good and the score was 7-0
Oneida answered with 1:23 left in the first period on a 16 yard touchdown run by Sam Woodard. The P.A.T. by Caleb King was good and the score was tied 7-7.
Tyler Weatherby gave the Tigers the lead with 11:00 to go in the second period on an eight yard touchdown run. The P.A.T. by Zack Taylor was good and the Tigers were on top 14-7.
The Indians tied the game again, this time on a two yard touchdown run by Holden Sexton. The P.A.T. by Caleb King was good and the score was 14-14 with 9:28 left in the second period.
Just before halftime, the Tigers were threatening to score the go ahead touchdown deep in Indian territory, but Sam Woodard picked off a Hunter Poteete pass near the goaline and raced 100 yards for an Oneida touchdown. The P.A.T. by King was good and the Indians led 21-14 with 9.8 seconds left in the second quarter.
Tyler Weatherby scored his second touchdown of the night for the Tigers with 7:05 left in the third quarter on a one yard touchdown run. The P.A.T. by Zack Taylor was good and the game was tied at 21-21.
The Tigers recovered an Oneida fumble at the Indian 40 yard line and moved down field to score. Quarterback Hunter Poteete capped the drive on a three yard touchdown run with 4:48 left in the third period and with the P.A.T. by Zack Taylor, the Tigers led 28-21.
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Sam Woodard put the Indians on the scoreboard again with 2:18 left in the third period on a 45 yard touchdown run. The P.A.T. by Caleb King was good and the score was tied at 28-28.
DeKalb County scored the game winning touchdown with 10:28 left in the fourth period as quarterback Hunter Poteete hooked up with Abram Edwards on a pass play that covered 28 yards for the score. The P.A.T by Zack Taylor was good and the Tigers went on to win 35-28.
Stats:
Passing- Hunter Poteete was 10 of 18 for 170 yards and 1 touchdown
Rushing- Hunter Poteete 27 carries for 236 yards and 2 touchdowns
Tyler Weatherby- 10 carries for 71 yards and 2 touchdowns
Matt Collier- 3 carries for 6 yards
Total 40 carries for 313 yards and 4 touchdowns
Receiving:
Abram Edwards- 6 catches for 106 yards and 1 touchdown
Frank Morris- 1 catch for 7 yards
Travon Johnson- 2 catches for 54 yards
Sonni Young- 1 catch for 3 yards
Zack Taylor- 5 of 5 in extra points
Shane Sallie 2 punts for 81 yards
Kick Returns:
Schuyler Allen- 2 returns for 8 yards
Abram Edwards- 2 returns for 42 yards
The Tigers improve to 1-1 on the season and will host the Cannon County Lions next Friday night in Smithville at 7:00 p.m. WJLE will have LIVE coverage.

A suspicious fire caused extensive damage to the residence of Lori Page at 730 Dry Creek Road in Smithville Friday night.
On scene commander Lieutenant Kevin Adcock of the Smithville Volunteer Fire Department says a neighbor across the road saw the flames when she went to feed her dog and called 911. Firefighters were notified at 11:24 p.m. and remained on the scene until 3:18 a.m. Saturday.
No one was home at the time of the fire.
Lieutenant Adcock says the fire appeared to have started near the back porch. The State Fire Marshal’s Office has been contacted and will conduct an investigation into the cause of the blaze in cooperation with the Smithville Police Department.
Members of the DeKalb County Fire Department were called to help support city firefighters with extra manpower and Lieutenant Adcock says he and the Smithville Fire Department wish to thank them for their help.
One of the city firefighters, who was injured in a fall at the scene, and a city police officer, who suffered from heat exhaustion while helping firefighters, were taken to the hospital where they were treated and released.

Smithville Police Chief Richard Jennings says a resident of Dry Creek Road caught a man inside his automobile on Sunday, August 23rd and held him until officers arrived.
The suspect, 20 year old Christopher Allen Summers of 774 Dale Ridge Road, Dowelltown is charged with theft under $500 and burglary of an automobile. His bond is $10,000 and he will be in court September 17th.
Smithville Police Officer Scott Davis was dispatched to 708 Dry Creek Road, Smithville on a burglary in progress call on August 23rd. When he arrived, Officer Davis found the home owner, Robert Brown, behind his garage with the burglary suspect pinned to the ground. Brown told Officer Davis he heard his dogs barking earlier and when he went outside to investigate, he saw the suspect inside his (Brown’s) vehicle going through the contents of the automobile. The suspect then took off running. Brown caught up with the suspect on foot and held him down until Officer Davis arrived. The suspect was identified as Summers. He allegedly took a black change purse from Mr. Brown’s vehicle. Officer Davis found the purse on the ground near Summers.
20 year old Thomas Austin Bagnall of 1455 Landolakes Boulevard, Tampa Florida is charged with public intoxication, burglary of an auto, and possession of a schedule IV controlled substance. His bond is $3,000 and his court date is September 17th.
Smithville K-9 Officer Brad Tatrow was dispatched to 715 West Main Street, Smithville on August 25th on an intoxicated person call. While on his way to the residence, Officer Tatrow was given a description of the male subject and was told that the suspect was possibly on the Ford dealership property on Broad Street. Officer Tatrow did not see the suspect on his first pass through the property, but on the next pass, he saw a door open on a pickup truck in the parking lot. Inside the truck, Officer Tatrow found the suspect, Bagnall.
19 year old Misty Nicole Gilles of 302 North Mountain Street, Smithville is charged with disorderly conduct. Her bond is $2,500 and she will be in court on September 10th. Officer Matt Farmer obtained a warrant on August 22nd for disorderly conduct for Gilles at Evins Manor Apartments. Officer Randy King served the warrant on her.
26 year old Shelly Nichole Brown of 1523 Jefferson Road, Smithville was issued a citation for failing to stop for a red light and she was arrested for driving on a suspended license. Her bond is $1,000 and her court date is September 16th.
Officer Travis Bryant observed a van failing to stop for a red light at the intersection of Highway 56 and 70 on August 26th. Officer Bryant initiated a traffic stop of the van, which was driven by Brown.
Meanwhile, Chief Jennings says on August 12th, someone entered the vehicle of Ellissa Howard at her residence at 630 Highland Street, Smithville and took her CD player valued at $200.
On the same day, someone entered the vehicle of Helen Lowry at her residence at 637 Restview Avenue and took her CD player valued at $250.
Someone went to the residence of Crystal Bates at 311 Wade Street on August 21st and took her chocolate colored Chihuahua that was on a leash in her yard. The dog is seven to eight years old and answers to the name “Buster”.
On August 22nd, someone entered the vehicle of Erica Davidson at 848 Foster Road, Evins Manor Apartments and took approximately 30 CD’s. A 20 inch Mongoose brand boy’s bike was also stolen.
Someone went to the residence of Miguel Marinez of 302 White Street on August 25th and took a white Chihuahua puppy that was approximately 51 days old.
Chief Jennings says if anyone has information that will help solve any of these or other crimes, please contact the Smithville Police Department. Any information will be kept confidential.