Smithville Municipal Judge Hilton Conger may decide soon whether horses, being kept on a small lot between Luttrell and Anthony Avenue must be removed, based on alleged violations of city property maintenance regulations.
The owner of the horses, Seth Billingsley has been cited into city court by the police department. Chief Richard Jennings says he surveyed the property last Friday, November 23rd and found probable cause to issue the citation.
Seth and his wife Janohn Billingsley reside at 857 Anthony Avenue.
The citation alleges that Seth Billingsley is in violation of a city ordinance in regard to:
“Health and Sanitation nuisances.”
The ordinance states that “It shall be unlawful for any person to permit any premises owned, occupied, or controlled by him to become or remain in a filthy condition, or permit the use or occupation of same in such a manner as to create noxious or offensive smells and odors in connection therewith, or to allow the accumulation or creation of unwholesome and offensive matter or the breeding of flies, rodents, or other vermin on the premises to the menace of the public health or the annoyance of people residing within the vicinity.’
The ordinance also states that “No animal or fowl shall be kept in such a place or condition as to become a nuisance either because of noise, odor, contagious disease, or other reason.”
Billingsley is to appear in city court on the citation Tuesday, December 4th at 9:00 a.m. Billingsley, who plans to contest the citation, has hired attorney Sarah Cripps to represent him. Cripps says she plans to ask for a one month delay to give her more time to prepare for the case.
On September 17th concerned citizen Walter Foster, a resident of Miller Road, came before the Smithville Mayor and Board of Aldermen complaining about two to four horses being kept on a small lot near his home on Luttrell Avenue. Foster said the animals were drawing flies to the area, causing a public nuisance. The lot is also located across the street from the home of Alderman Willie Thomas, and he too is opposed to the horses being there.
A petition was presented to the board bearing signatures of 68 people.
At that meeting, the city board voted to have Special Health Officer Designee Eugene O’Neil make a personal contact with the owners and follow up with a letter, giving them notice to remove the horses.
O’Neil, in his letter to Seth Billingsley dated September 19th, stated that ” You are advised, due to many complaints received by the Mayor and Board of Aldermen to remove the horses creating unwholesome matter (manure) causing the breeding of flies and offensive smells and odors on the premises. Removal of the horses is to be accomplished within 30 days of receipt of this notice.”
On September 26th, the Billingsley’s responded with a letter to Mayor Taft Hendrixson stating that they were contesting the order to remove the horses by October 19th and requesting that the order be rescinded for the following reasons:
“Although Animal Control was called, they admitted to us via a phone conversation that the letter giving us 10 days to correct alleged violations was not initiated after any type of inspection/report, either before or after the ten days. Moreover it was said that it was done as a courtesy to the neighbor inciting the conflict who is an alderman.”
“The DeKalb County Humane Society inspected our property and found absolutely no violations of any type. Further, the premises were found to be in exceptional condition.”
“The building inspector, Mr. O’Neil, voiced his opinion when coming out to inspect the property stating that he found no violations. He also stated he came out as a courtesy to the alderman who is inciting the problem. (Note that the building permit was granted for a horse barn, over a year ago).”
“We respectfully contest Mr. O’Neil’s credentials as a “Special Health officer Designee”
“The pastor of the Temple Baptist Church on Miller Road has written saying that he and the congregation have no objections to the horses being there. Furthermore, a large number of neighbors have said that they see nor smell a problem with the horses and would be willing to file their own petition.”
“We also contest the petition signed at the city board meeting as it lacks validity as it: (a) had no heading to indicate to signers exactly what they were signing and (b) was signed by minors, residents outside the city limits, and residents not living within a relevant distance.”
“Our property has never been in a filthy condition as outlined in the law, nor has it ever been allowed to accumulate manure or any other offensive material. As there is no evidence to show any violations of the city laws, the prejudiced complaints from neighbors cannot be construed as sufficient to effect punitive action on the part of the city. Complaints of this nature are for municipal court.”
The letter goes on to state that “Mrs Billingsley is in the last trimester of pregnancy and her health practitioners have repeatedly warned her that the stresses of these allegations are seriously endangering the life of her baby.”
Mrs. Billingsley has since given birth to the child. She now claims that the baby was born prematurely and that the infant is experiencing complications.

A Dowelltown woman, charged with forgery and theft, is among those arrested within the past week by the DeKalb County Sheriff’s Department.
Sheriff Patrick Ray says 31 year Carla Denise Chapman of Snow Hill, Dowelltown was charged on Monday, November 19th with twenty counts of forgery and two counts of theft of property under $500. According to Sheriff Ray, On June 12th Chapman allegedly stole blank checks from a residence on Snow Hill Road Dowelltown, forged the victim’s checks, and went to various businesses and cashed them. Then on October 31st, Chapman went to a residence on Old Snow Hill Road, Dowelltown and allegedly took various checks out of the victim’s truck, forged the victim’s checks, and went to various businesses and cashed them. Chapman is under a total bond of $210,000 and her court date is November 29th.
44 year old Raymond Dean Martin of Parsley Road, Smithville was arrested on Monday, November 19th for DUI, simple possession, and resisting arrest. According to Sheriff Ray, Martin was stopped for a traffic violation on Redmon Road, Smithville. After administering field sobriety tasks, deputies found Martin under the influence. Martin also had in his possession a cigarette pack in his back pocket containing marijuana and one Xanax pill. Sheriff Ray says after Martin was placed under arrest, he became uncooperative and refused to have handcuffs placed on him. Martin stated to the deputy “I’m getting back in my truck and going home.” Martin was subdued, cuffed, and placed in the back of the patrol car. Total bond for him is $65,500 and his court date is November 29th.
On Tuesday, November 20th, 43 year old Ricky Hendrixson of A.B. Frazier Road Smithville was charged with disorderly conduct and resisting arrest. Sheriff Ray says deputies responded to a call on Ferrell Road and found Hendrixson passed out in his truck which was parked in a field. After Hendrixson was awakened, he became very violent and uncooperative. Hendrixson was placed under arrest and his court date is set for January 3rd.
36 year old Paul Charles Pearson of South Congress Boulevard, Smithville was charged Wednesday, November 21st with DUI (2nd offense), driving on a revoked license (4th offense), and sale and delivery of a controlled substance (Cycloberzaprine). Sheriff Ray says Pearson was stopped on Highway 70 East for a traffic violation. After administering field sobriety tasks, deputies found Pearson under the influence and also found him to be driving on a revoked driver’s license. Deputies found 18 Cycloberzaprine pills in his possession. Total bond was set at $31,000 and his court date is November 29th..
32 year old Ernest Paul Barnwell of J.E. Evins Avenue, Smithville was charged Friday, November 23rd with aggravated burglary and theft of property over $5,000. Sheriff Ray says Barnwell entered a home on November 19th without the owner’s consent on Lassiter Road and stole over $5,000 worth of belongings such as jewelry, cameras, DVD players, a purse, and other items. Barnwell’s bond was set at $125,000 and his court date is November 29th.

The mobile home of Teresa Stanley at 352 Adcock Cemetery Road was damaged in a fire around 3:00 a.m. Monday morning.
County Fire Chief Donny Green says Ms. Stanley told firefighters that she was awake when the fire started. According to Ms. Stanley, she heard a very loud popping sound, looked down the hall and saw fire and smoke coming from an electrical breaker box.
She got out of the trailer safely and went across the street to contact 911. She then stayed with a neighbor while firefighters fought the blaze.
Green says although there was some smoke throughout the structure, the fire was contained to the hallway and a bathroom of the residence. Ms. Stanley’s personal belongings were also saved.
Members of the Midway, Cookeville Highway, and Short Mountain Highway stations responded along with a tanker truck. EMS was also on the scene as a precaution, but there were no injuries.

A 38 year old woman has been charged by Smithville Police with intent to manufacture methamphetamine.
Kathy Ann Roller of Rollertown Road is under a $25,000 bond and her court date is November 29th.
Officer Bradley C. Tatrow’s report states that “On Monday, November 19th at 4:47 p.m. I received a call that a subject had been in Smithville Food Lion and purchased a large amount of iodine. Upon arrival I noticed a vehicle matching the description in the area .The vehicle was at Rite Aid. I stopped the vehicle in front of Food Lion for failure to yield entering a highway. Upon stopping the vehicle I made contact with Roller. I asked her if she would consent to a search of her vehicle for any illegal items. She consented and upon a search, I found two bottles of iodine shoved into the crack of the seat. I also discovered a pack of ten 240 mg sudafed tablets. Roller had bought the two bottles of iodine at Smithville Food Lion and then went to Rite Aid and purchased the sudafed. She was placed under arrest.”
50 year old Terry W. Kent of 550 Round Top Road, Alexandria was charged with a first offense of driving under the influence on Saturday, November 17th. His bond is $1,500 and he will be in court December 6th.
Officer Matt Holmes report states that “On Saturday, November 17th at 4: 42 p.m., I responded to a possible drunk driver on West Broad Street. I got behind the vehicle and observed it weaving on the roadway several times and driving in the center lane. Upon stopping the vehicle at Broad Street and Juniper June and speaking to the driver, I noticed a strong odor of an alcoholic beverage on his person. He was very unsteady on his feet. He refused to submit to a blood alcohol test and would not perform any field sobriety tasks. He did admit to drinking alcohol and did submit to a breathalyzer and blew a 0.25”
20 year old Gilberto Acuna of 301 Old Dry Creek Road, was charged with leaving the scene of an accident with property damage on Tuesday, November 20th. His bond is set at $1,000 bond and his court date is November 29th.
The arrest warrant states that states that “On November 18th on Summer Street, Acuna was operating a motor vehicle and sideswiped Eden Nokes’ vehicle and did not stop or report the accident, doing less than $500 in damage.”
He later turned himself in at the police department.
Officer Tatrow’s report states that “On Tuesday, November 20th at approximately 5:00 p.m., Acuna came to the Smithville Police Department to turn himself in. He stated that around 6:30 p.m. to 7:00 p.m. on Sunday, November 18th, he was driving on Summer Street in Smithville. The road is very narrow. Another car was coming toward him. Acuna and the other car both stopped. Both of them then began driving at the same time. There was not enough space to pull over and they hit each other. Acuna says he left the accident because he was scared.”
Smithville Police also filed a report on a theft Sunday, November 18th.
Officer Travis Bryant’s report states that “On November 18th, I responded to 670 Miller Road, in regard to a stolen lap top computer. Upon arrival I spoke with Helen Lowery who advised me that sometime between Friday and Sunday someone had come into the apartment of Victor Lewis and taken a Dell Lap Top and had moved some items around in the apartment. No one else had access to the apartment. The lap top was valued at $1,000.”

DeKalb County’s unemployment rate for October was 4.3%, up from 4.1% in September but still down from 4.8% in October, 2006.
DeKalb County’s Labor Force in October was 10,290. A total of 9,850 were employed and 440 were unemployed.
Tennessee’s seasonally adjusted unemployment rate for October was 4.6 percent, down from the September rate of 4.7 percent. The United States’ unemployment rate remained unchanged from a month ago at 4.7 percent.
County non-seasonally adjusted unemployment rates for October show 41 counties decreased, 40 counties increased and 14 counties remained the same.
Knox County registered the state’s lowest county unemployment rate at 3.3 percent. Lincoln County followed at 3.4 percent. Maury County had the state’s highest at 8.7 percent, followed by Marshall County at 8.2 percent.
Knoxville had the state’s lowest major metropolitan statistical area (MSA) rate at 3.5 percent, . The Nashville-Murfreesboro MSA remained unchanged from September’s 3.7 percent. The Chattanooga MSA was 4.0 percent and the Memphis MSA remained unchanged from 4.9 percent in September.

As part of the effort to StopLitter™ in Tennessee, Governor Phil Bredesen and TDOT Commissioner Gerald Nicely today awarded Dekalb County with a litter grant in the amount of $29,237.
“Each year volunteers pick up nearly 25.5 million pounds of roadside litter,” said Bredesen. “Litter is an eye-sore, it’s costly to clean up and can be harmful to our environment, but it’s totally preventable. These funds will be used by counties across the state to organize their pick-up efforts and conduct educational campaigns to teach children and adults about the importance of keeping Tennessee beautiful.”
“It’s time people realize that the roadside is not a trash can,” said Representative Frank Buck. “I support all efforts to educate people on the consequences of littering in Tennessee and encourage citizens to report litter when they see it happening.”
Litter grant funds are distributed annually by TDOT to all 95 Tennessee counties.
“TDOT awards approximately $3 million each year to help local communities in their efforts to stop litter in Tennessee,” said Nicely. “These funds are obtained through the collection of a specialty tax on the malt beverage and soft drink industry through the Litter Grant Bill which was enacted by the General Assembly in 1981.”
The funds that each county receives are determined by county road miles and county population in order to ensure an equitable distribution statewide. Funds must be used for litter pick-up activities and litter prevention education. Education funding can be used in a variety of ways, such as sharing litter control awareness with schools, citizens and businesses.
Through the litter pickup program, approximately 25.5 million pounds of roadside litter was picked up on approximately 292,000 miles of county roads, and approximately 45,000 miles of state routes.
To find out more about Tennessee’s Litter Grant program, please visit: http://www.tennessee.gov/tdot/environment/beautification/littergrant.htm

The 12th annual Angel Tree Project is underway and your support is needed to help make this holiday season merrier for hundreds of less fortunate children.
Laura Stone, President of DeKalb County Angel Tree Incorporated, says this program has been reorganized. “This is our 12th annual Angel Tree Project. It’s basically the same program but we’ve come under a different organizational aspect of it. We are now a non-profit organization in the process of getting our 501c3 status. I am the president and Lisa Vaughn is the secretary-treasurer. We have a board of directors made up of Marie Blair, LaVaughnda Midgett, Charlie Parker, and Tim Woodward. We’re working together with the community this year as a group in order to provide presents, like we always have, for the needy and disadvantaged children of the community.”
Stone says DeKalb County Angel Tree Incorporated hopes to serve more than 600 children this holiday season. ” We’ve got, somewhere in the neighborhood of 630 children this year that we’re serving, and the deadline to shop and return your gifts to the banks is on Friday, December 7th. I know a lot of people are going to be off during the holiday and it’s a good time, when you’re going into the bank to cash your check for after Thanksgiving shopping, to go ahead and pick up an angel or two off the tree. If you can’t choose an angel, we’re happy to take money as well. We understand that some people don’t have the time to shop so we’d be happy to do the shopping for you. This is a good weekend to get everybody in the shopping mood, and hopefully we’ll have a lot of these angels taken this week.”
Angel Trees are located at all bank locations in DeKalb County. Each angel represents a child and his or her wish list for Christmas. Select an angel from the tree, buy a gift for the child, and return the gift to the bank where you picked up the angel.
Stone says Cash Express is also serving as a donation site for anyone who wants to drop off coats and toys.” We’ll be making up presents from the donations. If we have a child who doesn’t get as much (Angel Tree presents) as their sibling, or if a child’s name doesn’t get taken and we have something left over, we’re going to have some options of being able to make up some presents with these donations, so if you just want to buy, a couple of Barbie dolls or a coat or two you can drop those off at Cash Express because they’ve partnered with us.”
Stone says she knows of one family who benefited from the Angel Tree Project in the past and this year is able to support it themselves. “They were able to take four angels off the tree this year. I talked with this lady and her child and she said if it wasn’t for the angel tree in year’s past, her kids wouldn’t have gotten anything. Her child said I was able to get presents when I was growing up and it’s time for us to give back to the community. I thought that was such a touching story of how things can turn around for people. Here is a family who needed help, when times were tough for them, and are now in a position to buy for four angels themselves. That’s a wonderful example.”

Smithville Police arrested a Cookeville woman on drug charges Saturday after answering a shoplifting complaint.
37 year old Lois Ann McCloud of 627 Rice Circle, Cookeville was charged with simple possession of a schedule IV controlled substance (xanax) and unlawful possession of drug paraphernalia. Her bond is $2,500 and she will appear in General Sessions Court on the charges December 6th.
The arrest warrant states that ” Officer Matt Holmes responded to a shoplifting call at Gordon’s Hardware and was advised that the subject had left. A description was given of the car and it was stopped at Wal-mart. Upon speaking to both subjects in the vehicle, they admitted to being at Gordon’s Hardware but denied shoplifting anything. They also consented to a search.”
Officer Holmes’ report states that “I found a plastic bag in the passenger front floor board that contained needles and straws. Upon a search of McCloud, a black flash light was found down the front of her pants in a black container. When asked what it was, she stated that it was paraphernalia. The subject admitted she used the needles for shooting up morphine. Also a small key chain was found in Ms McCloud’s left pocket containing two blue pills believed to be Xanax. Ms McCloud was arrested and transported to the Smithville Police Department. The male driver of the vehicle was arrested on an active warrant out of DeKalb County.” His name was unavailable. The vehicle was towed.
A motorcycle rider, stopped for speeding, was found with drugs on Sunday.
25 year old Chauncey Lee Eanes IV of Laurel Avenue, Knoxville, was charged with resisting a stop, frisk, halt, arrest, and search along with simple possession of a schedule IV and VI controlled substance. He will be in court on the charges December 6th.
Officer Matt Holmes report states that “I observed a motorcycle traveling east bound on Highway 70 going through the traffic light at a high rate of speed, 82 miles per hour in a 40 mile per hour zone. With lights and sirens activated, I followed the motorcycle for three miles before the stop. Upon speaking to Eanes, Holmes asked for a license, but Eanes did not have a motorcycle license endorsement. The cycle was to be towed due to no license. Before transporting, Holmes advised Eanes that he would have to search him before putting him in the police car but Eanes refused to a search of his person. At that point, Eanes was placed under arrest and transported to the Smithville Police Department. Upon inventory of Eanes personal belongings, the following items were discovered: a glass bottle that contained a green leafy substance believed to be marijuana and a small bag containing four and a half blue pills believed to be xanax.”.
33 year old Eric Trent Johnson of Banks Pisgah Road, Smithville was charged with possession of a handgun while under the influence of alcohol and aggravated assault. His bond is set at $11,000 and his court date is December 6th.
The arrest warrant states that “Officer Craig Capps responded to a possible domestic involving a weapon at 318 Bell Street Apartments. Upon speaking to Curtis Lloyd, he states Johnson came to his residence intoxicated and pulled a gun on him and pointed it at him making him fear for his life. Johnson left the scene and officer Randy King stopped the subject, arrested him for DUI and found the weapon under the seat of the vehicle.”
A 31 year old woman went missing from a residence on South Mountain Street Saturday.
Smithville Police Officer Matt Holmes, in his report, states that “On Sunday, I responded to 508 South Mountain Street on a missing person report. I met with Lila Garrell who advised me that Brandy Braydon was last seen at Sundance where she was employed. She left around 7:00 p.m. on Saturday. Braydon was under a court order to stay at 508 South Mountain Street, which is a halfway house. Garrell advised me that on November 10th, Braydon failed a drug screen and thought she was going to jail.” She remains missing.
Meanwhile, Officer Travis Bryant took a theft report at a residence on Bright Hill Road on Saturday.
In the report, Officer Bryant states that ” Upon arrival, I spoke with Chris Braswell who advised me that his license plates had been stolen from his car and that a couple of months ago other items were taken including a yellow top post car battery valued at $150, a Silverado Craft car battery, valued at $70, a Rampage CD player, valued at $70, and an Aftermarket CD player, valued at $70. Braswell stated that he last observed his license plates on November 14th and noticed them missing on Saturday.”
Officer Matt Holmes also took a report of a burglary and theft on Saturday at the residence of Ricky Turner on Foster Avenue.
The report states that ” I met with Ricky Turner who advised me that someone had been in his residence while he was gone. He advised me that he left his residence at 7:00 a.m. on Friday and arrived home that evening at 4:50 p.m.. He first noticed a bowl containing loose change relocated in his house. The bowl was empty. Upon further investigation, he found that his 22 Marlin automatic rifle and digital camera were gone. Mr. Turner left the garage door open in the back but the door inside the residence was locked and looked to have been jimmied, opened by a screwdriver. The property was valued at $260.”
28 year old Nelda J. Bandy of Potts Camp Road, Smithville was charged with a third offense of driving on a revoked license on Saturday. Her bond is $3,000 and her court date is December 6th.
41 year old Kimberly A. McIntyre of Dry Creek Road , Smithville was charged with public intoxication on Friday. Her bond is $1,000 and her court date is December 13th.
54 year old Lamar Theodore Redman was charged with domestic assault and three other counts of assault on Saturday.
According to Officer Joey Jones’ report, “I arrested Redman for domestic assault on his wife at 713 Snow Street. While being processed at city hall by officer Tyler Wix and Jones, Redman stated he was having chest pains. Officer Wix called for an EMT to check him out. The EMT began asking him questions and he became beligerant and violent and knocked the EMT up against the wall, and grabbed officer Jones by the shirt trying to hit him. When he was placed up against the wall by Officers Jones and Wix, Redman got an arm free and hit officer Wix with his fist in the left eye causing redness and poked him in the right eye with his finger. Redman was taken to the floor, still unruly, and the officer was going to use mace, when Redman began cooperating with the officer.”
Redman will be in court on the charge November 29th

The Smithville Mayor and Aldermen did not meet Monday night due to the lack of a quorum.
Three members of the five member board must be in attendance for the meeting to be held.
Aldermen Tonya Sullivan, Jerry Hutchins Sr., and Willie Thomas were all absent.
Aldermen Cecil Burger and Steve White were present as was Mayor Taft Hendrixson.
The business scheduled for Monday night will apparently be back on the agenda at the next meeting on Monday, December 3rd, however, according to Mayor Hendrixson, since there could be no action on ordinances up for passage on second reading Monday night, the process for adopting them will have to be started over again, beginning with first reading action on December 3rd followed by second and final reading passage after public hearings on December 17th.
Those include proposed ordinance #396 to change the zoning classification of certain property from B-1 to B-2. The property is approximately 1.2 acres belonging to James E. Cantrell and is located at 1100 South College Street; proposed ordinance #397 amending the official zoning ordinance by adding a section which establishes conditions for the parking of recreational vehicles in mobile home parks; proposed ordinance #398 adopting the International Residential Code; and proposed ordinance #399 adopting the International Plumbing Code.

A 33 year old man has been charged with theft of property over $1,000 as a result of an investigation by the DeKalb County Sheriff’s Department.
Ryan K. Martin of Forrest Avenue, Smithville was arrested Saturday after the DeKalb County Sheriff’s Department received a tip that Martin had possession of a stolen four wheeler at his residence.
Detectives went to Martin’s home but found only one four wheeler, which Martin owned. After conducting several interviews with other people and then determining that the stolen four wheeler had been moved prior to their arrival at Martin’s home, detectives went to a residence where Martin formerly resided on Joe Tittsworth Street and found two- four wheelers, both of which were stolen. One of the four wheelers had been stolen from Holiday Haven last weekend and the other four wheeler was stolen on October 28th from Hazzard, Kentucky.
Sheriff Ray says Martin admitted to having possession of both of the stolen four wheelers so he was arrested and charged in the case. His bond is set at $10,000 and his court date is December 6th.