Judge Leon Burns, Jr. handed down sentences against five persons Monday in DeKalb County Criminal Court.
24 year old Christopher Hale received a five year sentence after pleading guilty to four counts of aggravated burglary, three counts of theft over $1,000, theft over $500, and theft under $500.
Hale must serve one year of the sentence either in jail or in Teen Challenge and make restitution. Hale was given credit for 96 days of jail time served.
28 year old Samuel Wade Walker pleaded guilty to theft over $10,000 and burglary. He received a three year sentence on probation after serving 150 days. He must make restitution of $1,000 to Johnny’s Drugs and perform 100 hours of community service work.
36 year old Richard Scott Adams pleaded guilty to aggravated burglary and received a three year sentence on probation. He was given three months jail credit and must agree to testify against a co-defendant in the case.
18 year old Ben Pascal pleaded guilty to sale of a schedule III controlled substance, sale of a schedule IV controlled substance, and two counts of sale of a schedule II controlled substance. He received a total of four years to serve ninety days and then be on probation. He was fined $2,000, must make restitution of $535 , and perform 100 hours of community service.
53 year old Gary Marshall Carter was denied a request for judicial diversion and received a two year sentence after pleading guilty at an earlier hearing to a charge of statutory rape. He must serve nine months and comply with the Sexual Offender Registration and Monitoring Act by registering with the TBI Sexual Offender Registry. He will be on probation for a total of four years.

The DeKalb County Commission is expected to set the property tax rate and adopt a new budget for the 2006-2007 fiscal year tonight (Monday).
The new fiscal year officially started July 1st, but the county has delayed passage of a new budget, partly because of the sales tax referendum, which was put before the voters and was defeated in the August General Election.
The commission must pass a budget by October 1st, or risk losing state funds or having the state set a budget and tax rate for the county.
County Mayor Mike Foster says county government needs a tax increase to operate this year and had the sales tax referendum passed in August, the size of any proposed property tax increase would not be as large as it is now.
The Budget Committee has met several times over the summer trying to whittle down the size of the proposed tax increase and has finally settled on 39 cents, down four cents from the previous proposal of 43 cents.
Foster says the budget committee will request that the county commission adopt a property tax rate of $1.90, a 39 cent increase over last year.
Here’s how the proposed tax rate would break down:
County General- 67 cents, a six cent increase
Schools- 73 cents, an eleven cent increase (plus $950,000 from the special school sinking/sales tax fund)
Debt Service- 29 cents, a nineteen cent increase (includes $771,000 to service the Northside School Debt and funds to service debt on the jail and landfill)
Highways- 3 cents (to recoup $216,000 in lost state funds and to purchase a loader at rock crusher)
Solid Waste- 18 cents
Even with some growth this year and a 39 cent tax increase, Foster says the county may still have to dip into the reserves to make it through the year. ” The 39 cents will actually impact the reserves just a little. The 43 cents is really what we needed to balance and that’s what the budget committee was trying to do. We had really good growth this year. The appraisals grew by $72-million which will generate about $260,000 in new money which is a big impact on our county. Hopefully, we will get that kind of growth again next year. If we do, that will about get us back to where we need to be.”
Foster says the school system will get more money than last year, with an eleven cent tax increase, but not as much as the 13 cent tax increase the school board had requested. “The school budget is about $15.8 million dollars and of that, there was about $70,000 in monies cut from it, a little bit here and a little bit there, but there are no jobs at risk. It was a cut in the amount of money they requested. There is ample money in there to cover maintenance of effort and then some.”
Foster says efforts have been made to make cuts from every department. “It’s really a complex thing. I’m fairly conservative and most of the commission is fairly conservative, but there are legal things you’ve got to do such as meeting maintenance of effort with the schools (not spending less than last year) and maintenance of effort with the sheriff’s department in that you can’t cut any employee position or salary without the sheriff’s permission. We did cut one position this year with the sheriff’s permission. Actually, we’ve got one less employee there (sheriff’s department) than we had last year.”
“There are so many federal and state guidelines that we absolutely have to meet. For example, it (state/federal government) says you must pick up and dispose of garbage. It doesn’t say how you do it. Of course, traditionally DeKalb County has had a solid waste disposal/landfill and now there has to be a new cell built. We’re in the process of building it and a big part of it (project) will come this year because the one (cell) that’s there now will be full by Christmas. That’s a necessity. There were no extra funds put in this year. The landfill operation is basically the same as it was six years ago. The big deal is the new cell.”
In addition to meeting the maintenance of effort requirements, Foster says county government has to account for other expenditures that are on the rise. ” School maintenance of effort requires that you spend no less money that you did last year. Then the state gives some raises with state money but they also about double the contributions that we must make to retirement. Our workers comp, liability, and all those insurance costs went up as well as the cost of fuel and the health care program.”
Foster says the county has also budgeted small pay raises for county employees, both full time and part time.” They still, on average, make a little less than ten dollars an hour and some of them, the part-timers, make maybe $6.50 an hour.”
A public hearing will be held at 5:30 p.m. followed by the county commission meeting at 6:30 p.m. tonight (Monday) at the courthouse. WJLE will broadcast the meeting LIVE.

The DeKalb County Sheriff’s Department has made three arrests in two recent home break-ins.
Sheriff Patrick Ray says 23 year old Thomas Jacob Sims of 165 Lakeside Drive, Smithville and 19 year old Jennia Lee Wilson of 1677 Snow Hill Road, Dowelltown are charged in connection with a break-in at a residence on Vandergriff Hollow off Dry Creek Road during the early morning hours of Wednesday, September 20th.
Entry was made through a back door and several items were stolen including a computer, drill, answering machine, candles, personal care items, and a BOSE AM/FM CD radio, valued at over $1,000.
Sheriff Ray says the intruders even cooked a meal and ate before they left.
Sims is charged with aggravated burglary, a first offense of driving on a suspended license, and theft over $1,000.
Wilson is also charged with aggravated burglary and theft over $1,000
Meanwhile, 34 year old Lori Kilgore of 775 Dr. Jennings Road, Rock Island is charged with theft of property over $1,000 and aggravated burglary in a break-in on September 16th at a residence on Blue Springs Road, in which some jewelry was stolen. She will appear in General Sessions Court October 12th.
In another case, 47 year old Tim Cantrell of 463 White Oak Drive was charged last Tuesday with four counts of prescription fraud.
Sheriff Ray says Cantrell allegedly passed a forged prescription for hydrocodone at four local pharmacies between September 4th and 16th. His bond is $10,000 and he will be in court on the charges October 12th.

Your property tax rate is going up.
The DeKalb County Commission, by a vote of 8 to 6, Monday night adopted the new budget for the 2006-2007 fiscal year totaling $29,145, 066 and set a new property tax rate of $1.90 cents per $100 of assessed value, a 39 cent increase.
Two votes were taken, one on the budget and another on the tax rate. Both passed by an 8 to 6 vote.
Those voting in favor of both the new budget and tax rate were John Green, Jack Barton, Bobby Joines, Jerry Scott, Wayne Cantrell, Chris Smithson, Marshall Ferrell, and Larry Summers.
Commissioners voting against were Mason Carter, Elmer Ellis, Jr., Randy Caplinger, Jeff Barrett, Jeff Barnes, and Willie Thomas.
The tax rate breaks down as follows:
General Fund- 67 cents
Solid Waste- 18 cents
Debt Service- 29 cents
Highways- 3 cents
General Purpose Schools-73 cents
The budget breaks down as follows:
General Fund- $5,053, 229
Courthouse & Jail Maintenance- $89,150
Local Purpose Fund- $1,092,723
Drug Control- $58,430
Highways- $2,050,978
General Purpose Schools- $15,810,490
School Cafeteria Fund- $1, 088, 037
Debt Service- $1,446,575
Capital Outlay- $140,870
Solid Waste- $2,314,584 (Includes a six year note for up to $1,225,000 to build a new cell at the landfill)
The commission also adopted a resolution to provide funding to various non-profit groups including:
Prospect Incorporated- $12,500
Senior Citizens Program- $17,500
UCHRA- $1,200
Plateau Mental Health- $7,180
Chamber of Commerce- $7,500
Genesis House- $1,500
UCDD- $3,411.36
Families First- $750
Tennessee Division of Forestry- $1,500
Rescue Squad- $11,500
Soil Conservation District- $19,500
A public hearing was held prior to the commission meeting but only a few spoke out against the proposed tax increase.

The state Supreme Court issued an order Monday that will temporarily suspend District Attorney General Bill Gibson’s law license.
Gibson will be allowed to continue practicing law for 30 days, in which time he may mount an appeal.
The Board of Professional Responsibility filed the petition asking the high court to suspend Gibson’s law license temporarily under a provision calling for that when there is “a threat of substantial harm to the public.”
Gibson is accused of ethics violations involving legal advice and spiritual counseling he gave a man he prosecuted for murder. The correspondence between Gibson and Chris Adams occurred without the knowledge of Adams’ attorney.
Lebanon attorney Jack Lowery is representing Gibson
Gibson is also the target of a criminal investigation by the TBI in the case.

County and city volunteer firefighters responded to a structure fire at 5:24 p.m. Saturday at the home of Ronnie Taylor at 1102 Cordell Love Road near the Smithville Airport.
Assistant County Fire Chief Roy Merriman says the fire was contained to a back bedroom and bathroom but other portions of the house received some heat and smoke damage.
No one was at home at the time of the blaze and no one was hurt.
Members of the Cookeville Highway, Short Mountain Highway, and Midway Fire Stations responded along with the Smithville Volunteer Fire Department.
The cause of the fire is under investigation by the DeKalb County Sheriff’s Department and State Fire Marshal.