Smithville Police working in conjunction with the Governor’s Highway Safety Council made arrests for DUI and Revoked Driver’s license over the 4th of July.
Chief Tom Stufano says officers stopped 43 year old Tony Joe Corley of 6676 Lower Helton Road for speeding and driving on the wrong side of the road. A records check of the driver noted that he had a Revoked Driver’s License for DUI. He was subsequently arrested and transported to the DeKalb County Jail under a $1,000 bond.
A second arrest for DUI Second Offense was made when officers stopped 50 year old Rex Graham of 728 New Bildad Road, Smithville. Officers running radar on Broad Street saw Graham traveling at a high rate of speed. Further investigation noted that Graham was under the influence while driving and was arrested. Graham was transported to the DeKalb County Jail. His bond was set at $2,000 bond.
Smithville Police also arrested 37 year old Kathy Jo Massengail of 4702 Pearlie Lane, Myrtle Beach South Carolina for DUI second offense. Officers saw Massengail run over a curb in the Hardees’ parking lot at approximately 3:30 am. Upon a further interview with the driver, Officers found that Massengail was both very unsteady on her feet and had a strong odor of an alcoholic beverage on her breath. A field sobriety test was administered and Massengail performed poorly. Records indicated that Massengail had a prior arrest recently for DUI in Cookeville. Officers transported Massengail to the DeKalb County Jail. Her bond is $2,000 bond.
Chief Stufano says “In a continuing drive to eradicate drinking and driving on our roadways, Smithville Police in cooperation with partnering agencies are actively patrolling for both suspicious activity and driving under the influence violations. Citizen support in these efforts has shown to be making a substantial difference in these types of activities.”

Smithville Police have been busy with Selective Traffic enforcement of city streets for the upcoming Fiddler’s Jamboree. Police have made numerous arrests for Driving under the Influence, Driving on Suspended Licenses, Leaving the scene of an accident and Domestic assault.
Chief Tom Stufano says “On July 1st, Smithville Police stopped 58 year old Ismael Solis of 1700 Jacobs Pillar Road, Smithville for driving erratically and running off onto the shoulder of the road. Further investigation disclosed that Solis was heavily intoxicated as indicated in his performance of a field sobriety test. Officer’s determined that Solis was impaired and should not have been driving. He was arrested and transported to the DeKalb County Jail under a $1,500 bond.”
A second person, 37 year old Jose Luis Cervantes Gallardo of 223 East Bryant Street, Smithville was charged with DUI, Domestic Assault, Driving on a Suspended Driver’s License and Resisting arrest. Chief Stufano says “Officers responded to the address to answer a reported 911 call of a fight. Upon arrival they met with a female victim who advised that her husband, Gallardo, the suspect, had just left. The victim reported that Gallardo had pushed her down and repeatedly slapped her, ripped the phones out of the wall and kicked in a bedroom door. The victim was advised of her domestic assault rights and officers left the scene to go find Gallardo. Shortly afterwards, officers received a second 911 call from a cell phone advising that the suspect had returned and was sitting outside with the motor running. A Smithville Officer responded back to the original scene and found Gallardo in the vehicle with a half full beer container between his legs. The cab of the vehicle was also littered with empty beer cans. A heavy smell of alcohol was noticed on Gallardo’s breath and he was asked to step out of his vehicle. Further investigation by the officer noted that the suspect was very unsteady on his feet and could not perform a sobriety test. He was placed under arrest for Domestic Violence and DUI. Gallardo stated he was not going to jail and began fighting with the officer. Additional officers were summoned to the scene to help make the arrest. A computer check noted that Gallardo’s license was also suspended for failure to pay a previous traffic citation. Gallardo was transported to the DeKalb County Jail under an $8,000 bond.”
Smithville Officers investigating a Hit and Run accident at Bumpers Drive-In on July 2nd found that a U-Haul truck had recently pulled up and damaged the building roofline with the overhang of the cab. The manager of the restaurant saw the mishap and approached the two men in the truck advising he was calling the police. A tag number was obtained as the truck with the two men inside drove off. A short time later DeKalb County Constable Mark Milam found the vehicle sitting on Page Drive. He made contact with the two subjects in the vehicle and they were escorted back to the scene of the accident. Investigating officers found a total of four witnesses who stated that the driver and passenger had switched places. Officers conducting the investigation noted that 19 year old John D. Anderson of 2175 Tramel Branch Road, Smithville, who was now driving the vehicle, was DUI. Upon performing the field sobriety tests, Anderson fell to the side numerous times and after being placed into the rear of the police vehicle , he passed out. Anderson was charged with DUI and Leaving the scene of an accident. The investigation continues and additional charges are possible against the second occupant in the vehicle. Anderson was transported to the DeKalb County Jail under a $2,000 bond.”
Chief Stufano says another DUI arrest was made when Smithville officers responded to a citizen’s complaint of a possible drunk driver in the Walmart parking lot. “Upon arrival officers found 40 year old Roy Colburn of 232 Tamikay Road, Smithville passed out in his vehicle. The vehicle was running and the windshield wipers were on. Colburn was awakened and he began pressing down on the accelerator revving the engine as if he were driving away. The officer reached into the vehicle and turned the key off. Colburn was given a field sobriety test which he performed poorly. He was arrested for DUI and transported to the Dekalb County Jail under a $1,000 bond.”
On July 4th at approximately 1:00 am Officers arrested 26 year old Michael Chad Owens of 186 Shady Drive, Smithville. Chief Stufano says “Owens was a patron in Mapco Express when officers found him highly intoxicated with either drugs or alcohol. Owens was very unsteady on his feet with slurred speech and could not keep his eyes open. He was arrested for Public Intoxication and transported to the DeKalb County Jail under a $1,000 bond.”
Chief Stufano says “Smithville Police are continuously looking for suspicious activity in our city neighborhoods and streets. Residents are encouraged to report any such activity. Neighborhood Watch has shown to be highly effective in our community’s efforts to combat drugs and crime.
Officers will be out on selective traffic enforcement over the weekend in participation with the Governor’s Traffic Highway Safety Council.”
“The Police Department wises to extend our gratitude in helping make our community safer. Have a safe and sound July 4th and Jamboree holiday.”

The Smithville Mayor and Board of Aldermen Monday night delayed passage of a proposed new ordinance governing access to public records, until some changes are made in it, as requested by Alderman Tonya Sullivan.
The new ordinance, reviewed by the Tennessee Municipal Technical Advisory Service, basically sets fees for making copies of records requested by the public.
All the proposed changes recommended by Sullivan are contingent upon a legal review by City Attorney John Pryor and MTAS.
Questions have arisen concerning the legality of certain portions of the city’s existing ordinance. That ordinance is expected to be repealed, upon passage of a new ordinance. Sullivan is asking that all fees that have been charged to citizens under the existing ordinance be refunded, upon it’s repeal.
Under the proposed new ordinance, “Copies of open records that are requested during regular business hours are required to be provided the requester, within a reasonable time at a cost of twenty five cents per page, unless otherwise excepted in the ordinance. Fees for items such as, but not limited to, cd roms, computer disks, and audio/video cassettes, will be charged at the rate paid for such items by the city. All fees and charges for records shall be due and payable at the time such costs are incurred. City staff may require pre-payment of fees and charges for copies where the fees and charges would exceed twenty dollars.”
Sullivan wants to change that paragraph in the ordinance by defining “reasonable time” as “one business day”, deleting the passage of the ordinance that makes reference to “copies being twenty five cents per page, unless otherwise excepted in the ordinance,” and inserting a new sentence that states “all copies should be twenty five cents per page, no exceptions.” Sullivan also wants the ordinance to be specific as to the fees to be charged for cd roms, computer disks, and audio/video cassettes and she suggests that the fee be one dollar per item
The proposed new ordinance states “Removal of original open records, including personnel records, from the offices of the city is strictly prohibited.”
Sullivan wants a section added to the ordinance stating that the Code, Charter, Resolution, and Ordinance books should be readily available and in visible sight to the public. She says an area should be designated so that citizens would be encouraged to get involved. Sullivan says these items should never be concealed in a drawer and the public be denied access.
The proposed new ordinance further states “If copies of personnel records of city employees are requested, the City Recorder, or other city staff authorized by the City Recorder, shall notify the employee, for whom the records are requested, which documents have been copied, and to whom they have been provided. The employee shall be notified that the information has been requested within 48 hours.”
Sullivan says the City Recorder (Burnace Vandergriff) should not bear the responsibility of notifying employees that personnel records have been requested. She says the Mayor should be the person completing this task. Sullivan says the City Recorder has no authority over this task.
According to the proposed new ordinance “Accident Reports provided by the Smithville Police Department shall be provided to anyone requesting the reports at a cost of four dollars per report. The city has determined that this is a reasonable charge, inasmuch as it is the same amount that is charged for such reports by the Tennessee Department of Safety under state law, and other cities in Tennessee.”
Sullivan doesn’t agree with charging the public $4.00 for copies of accident reports. She says accident reports should be the same twenty five cents per page as all other public city documents. She adds that Cookeville charges two dollars for accident reports but that they are free in Gainesboro, Shelbyville, Watertown, and Lebanon.
Under the proposed new ordinance, “It shall be the policy of the City of Smithville to cooperate fully with any Tennessee resident requesting the right to inspect and/or receive copies of open records at a reasonable charge; however, the city staff is prohibited from undertaking research projects to place records requested in any other form than normally maintained by the city, unless the requester agrees to pay for changing the form.”
The proposed new ordinance states that “The law provides that the city may stipulate that requests be received during regular business hours, and the city staff shall have a reasonable time to comply with requests for information.”
“The City may not provide copies of public records that violate an individual’s right to privacy as guaranteed by the U.S. Constitution.”
“The City has the right ti charge a reasonable charge for reproducing or copying records.”
“The City has the right to verify that the requester of information is in fact a Tennessee resident.”

Smithville Mayor Taft Hendrixson made several appointments to various city boards during Monday night’s city council meeting.
Donnie Driver was appointed as a citizen member to the Smithville Planning Commission and Aldermen Steve White and Jerry Hutchins’ Sr. were appointed as the city’s elected representatives on the planning commission.
Jimmy Walls was appointed as a citizen member to the Smithville Board of Zoning Appeals and Alderman Tonya Sullivan was appointed as the city’s representative on the board.
Annette Greek was appointed as a citizen member to the Smithville Beer Board and Alderman Willie Thomas was named the city’s representative on the board.
John Bill Evins was reappointed as a citizen member to the Smithville Electric System Board and Alderman Cecil Burger was reappointed as the city’s representative on the board.
The Board of Aldermen approved Mayor Hendrixson’s appointments.
Meanwhile, Mayor Hendrixson presented plaques of appreciation to the three former members of the city council whose terms have just expired.
Paul Young served as Alderman for six years from 2001 until 2007; Aaron Meeks for four years from 2003-2007; and W.J. (Dub) White for four years from 2003 until 2007.

Smithville Police investigating a reported Domestic Assault at 194 Village Place in Smithville arrested 32 year old Frank Smith. Chief Tom Stufano says “Officers determined that Smith and his wife had been arguing which resulted in Smith slamming her against a wall and then wrapping his hands around her throat. He says the woman had bruises and red marks as a result of the assault. Young children present during the assault ran out of the house to a friend’s home. The children’s account of the violence was the same as the victim’s story.” Smith was charged with Domestic Assault and he was transported to the DeKalb County Jail under a $2,500 bond.
Officers also arrested 26 year old Terry Reeder of 516 East Main Street in Smithville for Public Intoxication. Chief Stufano says ” Smithville Officers responding to a fight in progress at Hardee’s parking lot found Reeder arguing with a female over custody exchange of a child. The female, seeing Reeder intoxicated, denied the exchange for the child’s safety. Reeder became uncontrollably upset and unruly causing commotion in public due to his intoxication.” He was subsequently arrested and transported to the DeKalb County Jail under a $1,000 bond.
Chief Stufano says Smithville Officers working traffic enforcement stopped a vehicle for no tail lights. Upon running driver’s license information, police found that 21 year old Steve Roberts of Eagle Creek Road, Smithville was driving on a suspended driver’s license. Roberts was placed under arrest and transported to the DeKalb County Jail under a $1,000 bond. He was also charged with operating an unregistered vehicle and no tail lights.
The city will be hosting the Fiddler’s Jamboree this week and Chief Stufano says the Police Department would like to remind our residents that officers will be on normal patrol during this eventlooking for suspicious activity in our neighborhoods. Residents who see persons suspected of driving under the influence are encouraged to contact law enforcement so that they can assess the situation. Smithville Police will also have extra patrols in the downtown area during the Jamboree celebration.
Chief Stufano adds that members of the Police and Fire Departments are strongly recommending the proper use and handling of fireworks during the upcoming 4th of July holiday. The dry season along with improper handling of fireworks can cause serious injury and fires. Have a safe holiday and enjoy the festivities.

A Circuit Court lawsuit was filed Friday against the City of Smithville, the Police Department, and Police Officer Callie Matthews, who was involved in a fatal car crash in April on Foster Road that claimed the life of Andrew Ferris
Ferris’ mother, Angela Ferris, is suing individually and as next of kin to her son.
Ferris basically claims that the officer was negligent in following city policies and state laws regarding public safety and that the city has failed to properly train and discipline it’s officers, including Matthews.
She is seeking a judgment for compensatory and punitive damages in an amount to be determined by a jury, as well as attorney fees.
The lawsuit alleges that on or about April 23rd, 2007, Andrew B. Ferris was operating his vehicle in a safe and prudent manner and traveling in a southerly direction on Foster Road in Smithville and that Officer Matthews, operating a vehicle owned by the Smithville Police Department and the Municipal Government of the City of Smithville, was responding to a call traveling in a northerly direction on Foster Road.
Ms. Ferris claims that Officer Matthews failed to follow established departmental policies regarding the use and operation of that vehicle and it’s safety/emergency equipment and that she was traveling at a very high rate of speed.
According to the lawsuit, Officer Matthews had utilized her emergency equipment and emergency signals were “flashing” but that she did not activate her siren and thus there was no audible warning or notice to other vehicles alerting of her approach.
The complaint alleges that Officer Matthews failed to maintain control of her vehicle and traveled into Ferris’ lane of travel, that the officer struck the vehicle being driven by Ferris causing extensive property damage to his car, and that as a proximate and direct impact of that collision, Ferris suffered extensive physical injuries, which ultimately resulted in his death.
Ms. Ferris alleges negligence in that Officer Matthews owed her son and the public a duty of due care in the operation of her vehicle, but that she breached that duty when she failed to maintain control of her vehicle, that she was driving in a reckless and careless manner without regard to the safety of others, and that as a direct and proximate result of her negligence, Andrew Ferris suffered fatal injuries.
According to the lawsuit, Officer Matthews violated state laws in that she was driving reckless in willful or wanton disregard for the safety of persons or property; exceeding the speed limit; and driving an emergency vehicle at excessive speed endangering life and property.
State law authorizes the driver of an authorized emergency vehicle to exceed the speed limits so long as it does not endanger life or property. The exemptions granted to an emergency vehicle shall apply only when such vehicle is making use of audible and visual signals meeting the requirement of applicable state laws.
These provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall they protect the driver from the consequences of his reckless disregard for the safety of others.
Ms Ferris further alleges that Officer Matthews violated the Smithville Police Department’s Policies and Procedures regarding “Crime in Progress Calls”. The policy states the officer, operating a vehicle enroute, will proceed to the scene swiftly but safely, taking into account weather, road, and traffic conditions as well as his own driving capabilities.
According to the complaint, the negligence of Officer Matthews, by violation of statutes, established departmental policies and as set out in common law, constituted a proximate cause of the collision and of the injuries and damages to Ferris.
The lawsuit further alleges that the City of Smithville and the Police Department owed Ferris a duty to protect him and to exercise due diligence in the hiring, training, and disciplining of it’s employees and staff, but that the city and police department breached that duty by failing to enforce or initiate policies designed to protect the safety of the public, and failing to adequately train, discipline, and monitor it’s employees in the proper use, care, and operation of city vehicles and emergency equipment.
Ms. Ferris claims she has suffered a loss of benefit and consortium from the parental relationship, entitling her to damages; that she has been caused to suffer great emotional, physical, and psychological pain and injury; that she has suffered loss of life; loss of future earning capacity; and has incurred considerable medical, burial expenses, loss to property; and has incurred the expenses of an attorney.
Ms. Ferris is represented by Lebanon attorney Adam W. Parrish.

The DeKalb County Sheriff’s Department has made seven arrests within the last week on various charges.
Sheriff Patrick Ray says 26 year old Jimmy Herman of West Bryant Street, Smithville was charged June 25th with simple possession of Marijuana. Deputies were at Herman’s residence to serve an arrest warrant on him and found on Herman’s person a bag of Marijuana. Herman’s bond is set at $1,500 and his court date is July 5th.
In another case, Sheriff Ray says 30 year old Tonia Sue Smith of Seven Knobs Road, Gainesboro was charged on June 28th with two counts of forgery and one count of theft. Smith, a home health worker, was caring for an elderly person and stole from that individual thirty three checks with a total value of $5,300. Bond for Smith is $40,000 and her court date is July 5th. Indictments will be sought against Smith on thirty one additional forgery charges in the August Term of the Grand Jury.
27 year old Justin Blevins was involved in a one-car accident on Highway 70 West on June 29th. Sheriff Ray says Blevins had his 3-year-old child in the vehicle with him. Blevins was charged with DUI 4th offense, Possession of a schedule IV drug (Xanax), simple possession of marijuana, possession of drug paraphernalia (syringes and rolling papers), reckless endangerment (because the child was in the vehicle with him), and implied consent. His bond is $22,000 and his court date is July 5th. The 2007 Dodge Nitro, driven by Blevins, was also seized.
Sheriff Ray says on June 29th, 44 year old Billy Woodard of Wright Bend Road, Smithville was stopped on Keltonburg Road. Woodard was charged with Simple Possession of Marijuana, Possession of a Legend Drug (muscle relaxer), simple possession of a schedule IV drug (Xanax), simple possession of a schedule IV drug (valium), and possession of drug paraphernalia (rolling papers). Bond for Woodard was set at $11,000 and his court date is July 5th
On June 30th, 28 year old Robert “Tony” Goff of Foster Road, Smithville was picked up on a sealed indictment from the DeKalb Sheriff’s Department Drug Round up in April. Goff was charged with Sale and Delivery of a Schedule II Drug (Dilaudid). His bond is $20,000 and his court date is July 20th
22 year old James Reynolds of Sundown Road, Knoxville was charged on July 1st with first offense DUI. As deputies of the DeKalb County Sheriff’s Department were working an accident on Billings Road, Reynolds pulled his vehicle up to the deputies and got out. Deputies noticed Reynolds was unsteady on his feet and was very intoxicated. Reynolds was placed under arrest for DUI. His bond is $1,500 and his court date is July 26th.
24 year old Jose Perez was arrested on July 1st for DUI 2nd offense and Driving on a revoked Driver’s License. Perez was arrested after deputies responded to a one-vehicle accident on Cecil Hale Road. Citations were also issued to Perez for Implied Consent, open container, and violation of the Insurance law. His total bond is $4,500 and his court date is July 19th.

The Smithville Mayor and Board of Aldermen Monday night will consider passage of a new ordinance governing access to public records.
The new ordinance basically sets fees for making copies of records requested by the public.
Questions have arisen concerning the legality of certain portions of the city’s existing ordinance. That ordinance is expected to be repealed, upon passage of a new ordinance.
Under the proposed new ordinance, “Copies of open records that are requested during regular business hours are required to be provided the requester, within a reasonable time at a cost of twenty five cents per page, unless otherwise excepted in the ordinance. Fees for items such as, but not limited to, cd roms, computer disks, and audio/video cassettes, will be charged at the rate paid for such items by the city. All fees and charges for records shall be due and payable at the time such costs are incurred. City staff may require pre-payment of fees and charges for copies where the fees and charges would exceed twenty dollars.”
“Removal of original open records, including personnel records, from the offices of the city is strictly prohibited.”
“If copies of personnel records of city employees are requested, the City Recorder, or other city staff authorized by the City Recorder, shall notify the employee, for whom the records are requested, which documents have been copied, and to whom they have been provided. The employee shall be notified that the information has been requested within 48 hours.”
“Accident Reports provided by the Smithville Police Department shall be provided to anyone requesting the reports at a cost of four dollars per report. The city has determined that this is a reasonable charge, inasmuch as it is the same amount that is charged for such reports by the Tennessee Department of Safety under state law, and other cities in Tennessee.”
“It shall be the policy of the City of Smithville to cooperate fully with any Tennessee resident requesting the right to inspect and/or receive copies of open records at a reasonable charge; however, the city staff is prohibited from undertaking research projects to place records requested in any other form than normally maintained by the city, unless the requester agrees to pay for changing the form.”
The proposed new ordinance states that “The law provides that the city may stipulate that requests be received during regular business hours, and the city staff shall have a reasonable time to comply with requests for information.”
“The City may not provide copies of public records that violate an individual’s right to privacy as guaranteed by the U.S. Constitution.”
“The City has the right to charge a reasonable charge for reproducing or copying records.”
“The City has the right to verify that the requester of information is in fact a Tennessee resident.”
If the ordinance is adopted on first reading, second and final reading passage will be scheduled at the July 16th city council meeting.