33 year old Michael E. Johnson of Sparta, charged in the fatal shooting of another Sparta man in January, appeared in DeKalb County Criminal Court Monday and entered a guilty plea to first degree murder. Judge Leon Burns,Jr. gave him a life prison sentence under a negotiated settlement with state prosecutors.
Johnson appeared before Judge Lillie Ann Sells last month to enter the plea, but when she learned that Johnson had previously been treated for a mental condition and was no longer under a doctor’s care or taking medication, she refused to accept a plea and instead ordered Johnson to undergo a mental evaluation at Plateau Mental Health Center in Cookeville to determine his competency to stand trial or enter a plea in the case.
Johnson underwent the evaluation later and was found to be competent.
Johnson and a co-defendant, 26 year old Tina Rose Bain, were each indicted by a DeKalb County Grand Jury in April on charges of first degree murder, attempted first degree murder, felony murder, and theft over $1,000.
Under the agreement, the other three counts against Johnson were dismissed upon his plea to the first degree murder charge.
Johnson and Bain were charged in the shooting death of 21 year old David Anthony Welch of Sparta and the wounding of 23 year old Heather Trapp of Smithville. Both Welch and Trapp were shot at Trapp’s home during the pre-dawn hours of January 6th on Webb Lane.
The indictments allege that the defendants did unlawfully, intentionally and with premeditation kill Welch during the perpetration of or an attempt to perpetrate theft and that they unlawfully and knowingly obtained or exercised control over property including, but not limited to, a necklace and ring valued at over $1,000 belonging to Trapp.
After the shooting, Johnson and Bain left the scene in their car but were arrested later that day in White County. They were brought to the DeKalb County Jail and after several hours of questioning, were charged in the shooting. Their car was also impounded.
Bain’s case is still pending in court.
Johnson is represented by attorney J. Hilton Conger. John Pryor is Bain’s lawyer

It appears Criminal Court Judge Lillie Ann Sells, the apparent loser in her re-election bid last Thursday, is not going down without a fight…a court fight!
The Herald-Citizen of Cookeville is reporting that Judge Sells has confirmed that she is planning to file a lawsuit contesting the results of the election.
Final totals district-wide gave her opponent David A. Patterson, an Independent candidate, nine more votes than she received out of more than 40,000 votes cast.
After the votes were counted district wide on Thursday night, Patterson had a six vote lead over Sells, 20,102 to 20,096 but on Friday when the “provisional” ballots were examined in the counties that had them, Patterson had picked up four more votes to one additional vote for Sells increasing Patterson’s lead to nine votes.
The count, apparently as it stands now, is 20,106 for Patterson and 20,097 for Sells
Patterson currently serves as an Assistant District Attorney in the Office of Attorney General William A. ” Bill” Gibson of Cookeville.
According to the Herald Citizen report, Judge Sells said Monday that “she is working with a Nashville attorney in planning a suit seeking a review of the election results. Such a review could result in a recount of the votes.”
The report says “State law allows for a court filing to contest election results, and that would be filed in Chancery Court and reportedly would have to allege some specific reason for seeking a recount.”

The three speed humps on West Main Street between Juniper Lane and the four way stop at North Mountain Street will soon be gone.
The Smithville Board of Aldermen Monday night voted to remove them, apparently bowing to public pressure.
Aldermen Stephen White, W.J. “Dub” White, and Cecil Burger voted for the removal of the speed humps. Aldermen Paul Young and Aaron Meeks “passed” when their names were called to vote on the issue.
The city board, earlier this year at the request of several residents in the area, voted to install the speed humps as a pilot project, but since they were put down most of the aldermen say they have heard nothing but complaints from the public, who often travel the street going to and from the downtown business district.
Residents in the neighborhood, including Bert Driver, Ruth Johns, and others, told the Mayor and Aldermen Monday night that the speed humps have been very effective in slowing traffic on a street where speeding has been a problem and the posted speed limit is 15 miles per hour. They asked that the speed humps not be removed.
Two Smithville residents, who don’t live on West Main Street, but who own property in town, expressed opposing views on the issue during the meeting Monday night.
William McKinley Jones spoke out against the speed humps, but former Smithville Mayor Waniford Cantrell said he thought the speed humps should be kept there and asked that another one be installed on the east side of the West Main Street bridge.
Mary McCoy presented a petition to the Aldermen, signed by several residents in the Smith Road area, asking that speed humps be installed on their street because of the speeding problem on that narrow and winding road.
However rather than put down more speed humps, city officials are searching for alternative solutions and Monday night Smithville Police Chief Gus Clemente and the department’s new Public Information Officer Tom Stufano pledged a stepped up enforcement campaign on streets with the most problems with speeding.
Yet some question how effective the extra patrols can be with only two to three officers on duty per shift.

Uncertified election returns from all seven counties in the 13th Judicial District show that David Patterson has edged Incumbent Criminal Court Judge Lillie Ann Sells by six votes out of over 40,000 votes cast district wide.
Totals show Patterson with 20,102 votes and Sells has 20,096.
The following are the uncertified results from each county as provided to WJLE Friday morning by each county election commission
DeKalb: Sells- 1,822, Patterson- 1,234
Putnam: Patterson- 7,608, Sells- 4,152
Overton: Sells- 2,791, Patterson- 2,213
White: Sells- 3,465, Patterson- 2,436
Clay: Sells -1,216, Patterson- 749
Pickett: Sells- 1,346, Patterson 867
Cumberland: Sells- 5,304, Patterson- 4,995.

Democrat Ron Thurman carried five of the seven counties in the 13th Judicial District Thursday and defeated Republican Jerry Burgess in the race for Chancellor, succeeding the retiring Vernon Neal.
Thurman received a total of 20,922 votes to 13,373 votes for Burgess.
Thurman carried DeKalb County 1,388 to 976; White County 3,276 to 1,954; Putnam County 7,552 to 3,422; Clay County 439 to 290; and Overton County 3,024 to 1,109.
Burgess carried Cumberland County 4,693 to 4,370 and Pickett County 929 to 873.

Former State Senator Bob Rochelle beat Aubrey T. Givens in a primary battle Thursday for the right to take on Republican Incumbent Senator Mae Beavers in November.
In DeKalb County Rochelle won 877(54%) to 734 (45%)
Beavers, who ran unopposed for the GOP nomination, received 819 complimentary votes in DeKalb County.
Rochelle carried the following DeKalb County precincts: Alexandria- 66 to 60, Edgar Evins State Park- 7 to 2, Dowelltown- 29 to 21, Courthouse 67 to 57, Johnson’s Chapel- 17 to 14, Blue Springs- 25 to 23, and Early Voting 376 to 235. Rochelle had 18 absentees.
Givens carried the following DeKalb County precincts: Temperance Hall- 26 to 21, Liberty- 22 to 16, Snow Hill- 22 to 18, Middle School 60 to 58, Cherry Hill 7 to 6, Rock Castle 9 to 8, Elementary School- 55 to 53, Keltonburg- 33 to 24, and Church of Christ Annex 54 to 43. Givens had 9 absentees.
Rochelle and Givens tied at 25 each at Belk.
Meanwhile, Democratic State Representative Frank Buck, who ran unopposed in the primary Thursday, received 1,784 complimentary votes in DeKalb County while his November challenger, Republican Terri Lynn Weaver, got 629 complimentary DeKalb County votes. She was unopposed in the GOP Primary.
In other races, 6th District Democratic Congressman Bart Gordon defeated his primary challenger J. Patrick Lyons on Thursday.
Gordon received 1,969 DeKalb County votes to 151 for Lyons.
Republican David R. Davis, who was unopposed in the GOP primary, received 554 votes here. Davis will face Gordon in the November General Election.
In the U.S. Senate Primaries, DeKalb County voters choose Harold Ford, Jr. as the their favorite Democrat and Bob Corker as their favorite Republican.
In DeKalb County Ford received, 1,346 votes followed by Gary G. Davis with 221 votes, John Jay Hooker with 189, Charles E. Smith with 70, and Al Strauss with 27 votes.
In the GOP primary, Corker got 476 DeKalb County votes, followed by Ed Bryant with 303, Van Hilleary with 261, and Tate Harrison with 10.
Corker and Ford will square off in the November General Election. The winner will succeed Incumbent Republican U.S. Senator Bill Frist, who did not seek re-election.
In the Governor primary races, Democratic Incumbent Phil Bredesen received 1,755 DeKalb County votes followed by John Jay Hooker with 207, Tim Sevier with 111, and Walt Ward with 27.
In the Republican primary for Governor, Jim Bryson received 357 DeKalb County votes followed by David M. Farmer with 80, Joe Kirkpatrick with 58, Wayne Thomas Bailey with 49, Mark Albertini with 47, Wayne Young 25, and Timothy Thomas with 20.
Bryson will try to unseat Bredesen in the November General Election.

The next Sheriff of DeKalb County will be Patrick Ray.
Ray, a Republican, defeated Democratic nominee Myron Rhody in Thursday’s DeKalb County General Election by a final count of 2,584 (54%) to 2,159 (45%), a difference of 425 votes.
Ray carried eleven of the sixteen precincts in DeKalb County including Alexandria- 175 to 108, Temperance Hall- 64 to 54, Edgar Evins State Park- 15 to 12, Liberty- 119 to 49, Dowelltown 76 to 54, Cherry Hill- 30 to 11, Courthouse -134 to 131, Johnson’s Chapel- 89 to 33, Elementary School- 128 to 123, Blue Springs- 89 to 74, Church of Christ Annex- 163 to 137, and Early Voting- 1,053 to 846. Ray had 43 absentees.
Rhody carried five precincts including Snow Hill- 88 to 82, Middle School 192 to 162, Rock Castle 23 to 22, Belk 75 to 70, and Keltonburg 86 to 70. Rhody had 63 absentees.
Ray, a Chief Deputy under the administration of former Sheriff Kenneth Pack, will succeed incumbent Sheriff Lloyd Emmons on September 1st. Ray currently works for the Warren County Sheriff’s Department.

Sean Driver won a decisive victory in his race for DeKalb County Trustee Thursday.
Driver, a Republican, defeated Democratic nominee Anthony (Doc) Green 3, 065 (72%) to 1,161 (27%).
Driver carried all sixteen precincts including Alexandria- 217 to 41, Temperance Hall- 82 to 14, Edgar Evins State Park 16 to 5, Liberty- 143 to17, Dowelltown- 101 to 25, Snow Hill- 133 to 25, Middle School- 230 to 79, Cherry Hill- 25 to 11, Rock Castle- 32 to 12, Courthouse- 163 to 77, Johnson’s Chapel- 79 to 21, Elementary School- 131 to 93, Blue Springs- 96 to 47, Belk- 69 to 47, Keltonburg- 67 to 60, Church of Christ Annex- 164 to 94, and Early Voting- 1, 253 to 470. Driver had 64 absentees to 23 for Green.
Driver will succeed Bobbie Young as Trustee. Young, who was first elected in 1986 will be completing her fifth term on August 31st.

When asked in Thursday’s election whether the local option sales tax should be increased from 1.5% to 2.75%, DeKalb County voters said “No”.
The referendum failed by a vote of 1,898 (53%) to 1,646 (46%), a difference of 252 votes.
The question failed in all but three precincts, Liberty, Middle School, and Rock Castle and the vote on the referendum at the courthouse ended in a tie.
County officials say passage of the referendum would have meant more funds for local governments. A majority of the extra revenue would have been earmarked for schools.
The following is a breakdown of the “For” and “Against” vote by precinct:
Alexandria: 108-for, 115-against
Temperance Hall: 38-for, 53-against
Edgar Evins State Park: 6-for, 16-against
Liberty: 75-for, 72-against
Dowelltown: 44-for, 53-against
Snow Hill: 61-for, 78-against
Middle School: 136-for, 118 against
Cherry Hill: 16-for, 19-against
Rock Castle: 28-for, 19-against
Courthouse: 103-for, 103-against
Johnson’s Chapel: 20-for, 77-against
Elementary School: 96-for, 101-against
Belk: 46-for, 49-against
Keltonburg: 46-for, 58 against
Blue Springs: 49-for, 81-against
Church of Christ Annex: 70-for, 114-against
Early Voting& Absentees: 704-for, 772-against

The DeKalb County Commission will have seven new members September 1st.
The new members are Democrats Elmer Ellis, Jr., Jack Barton, Chris J. Smithson, Jeffery Barrett, and Willie Thomas, and Republicans Mason Carter and Randy Caplinger.
The returning members are Republican Bobby Joines and Democrats Jerry D. Scott, Wayne Cantrell, John D. Green, Jeff Barnes, Marshall Ferrell, and Larry Summers.
Democrat Elmer Ellis, Jr. and Republican Mason Carter were elected Thursday in the first district beating Democratic challenger Charles Griffith.
Carter received 251 votes (39%), Ellis had 240 votes (37%) and Griffith got 142 votes(22%).
Here’s how the vote breaks down by precinct: Alexandria- Ellis 144, Carter 133, Griffith 93. Temperance Hall- Carter 67, Ellis 42, Griffith 19. Edgar Evins State Park- Ellis 9, Carter 8, Griffith 4. Early Voting- Carter 41, Ellis 38, Griffith 22. Absentees- Ellis 7, Griffith 4, and Carter 2.
Carter and Ellis will succeed Democrats Kenneth Clayborn and Shelie “Pee Wee” Askew who did not seek re-election.
In the second district, Democrat Jack Barton and Republican incumbent Bobby Joines were elected Thursday, beating Democratic challenger Shane Cook.
Joines won with 341 votes (41%). Barton received 316 votes (38%) and Cook garnered 171 votes (20%).
Here’s how the vote breaks down by precinct: Liberty- Joines 82, Barton 64, Cook 42. Dowelltown- Joines 75, Barton 46, and Cook 33. Snow Hill- Barton 93, Joines 71, and Cook 38. Early Voting- Barton 112, Joines 109, and Cook 54. Absentees- Joines and Cook each with 4 and one for Barton.
Barton will succeed Democrat Frank Thomas who did not seek re-election.
Republican Randy Caplinger and Democratic Incumbent Jerry D. Scott were elected in the third district. Democratic Incumbent Roy D. Merriman lost his bid for re-election.
Caplinger received 415 votes (43%). Scott had 287 votes (30%), and Merriman picked up 252 votes (26%).
Here’s how the vote breaks down: Middle School- Caplinger 189, Scott 114, Merriman 108. Early Voting- Caplinger 211, Scott 167, and Merriman 138. Absentees- Caplinger 15, and Scott and Merriman each with 6.
The two nominees in the Fourth, Fifth, Sixth, and Seventh Districts were unopposed.
Democratic Incumbent Wayne Cantrell received 418 votes and fellow Democrat Chris J. Smithson had 321 complimentary votes in the Fourth District.
Democratic Incumbent John D. Green garnered 313 votes and fellow Democrat Jeffery Barrett had 258 complimentary votes in the Fifth District.
Democratic Incumbents Jeff Barnes had 429 votes and Marshall Ferrell received 366 in the Sixth District.
And Democratic Incumbent Larry Summers had 321 votes and fellow Democrat Willie Thomas received 353 votes in the Seventh District.