County Commissioner Bobby Joines Withdraws from Race for Re-election

Although his name will apparently remain on the August 7 General Election Ballot, long time Second District County Commissioner Bobby Joines has decided to withdraw from the race for re-election due to his health.
In a prepared statement to WJLE, Joines expresses his appreciation to the people of the second district for their support but because of an illness, he will not be able to run for re-election.
Joines, a Republican was first elected to the county commission from the second district in 2002. He was re-elected in 2006 and again in 2010. He will be completing his third term August 31.
Before learning of his illness, Joines had intended to seek a fourth term. He was nominated by the DeKalb County Republican Party Caucus earlier this year.
Joines’ statement is as follows:
“To the DeKalb County Election Commission and Administrator Dennis Stanley, The Republican Nominating Committee and Party, and the residents of the 2nd District of DeKalb County.
As the August General Election is approaching fast, I want to let you know due to my battle with cancer and declining health, I will not be able to fill my obligation to run in the election in August.
I would like to thank the voters in the 2nd district for putting your trust in me over the past 12 years. Your support has always been greatly appreciated. I always voted from my heart, what I felt like was in the best interest for the 2nd district and DeKalb County as a whole.
It has been a pleasure to serve with our County Mayor and County Commissioners from the other districts. I am proud of what our county has accomplished over these years.
Thank you again for all your support these past 12 years. God Bless You.”
Other candidates vying for the two positions on the county commission from the second district in the August General Election are Democratic nominees Joe N. Johnson and Clarence Trapp and Independent candidate James “Jimmy” E. Midgett.

Smithville Church of Christ Putting Faith into Action

Dozens of people from the Smithville Church of Christ are rolling up their sleeves and pitching in to help show their Christian love for others during the congregation’s second annual Work Camp being held this week.
“The Bible says Jesus went about doing good. We’re trying to follow his example by doing the same thing to show the community how much we care. Hopefully, all the glory will go to God and not to us,” said Shawn Jacobs, a church elder and one of the volunteers.
The church began the work camp last summer as a means of helping less fortunate residents of the county do some fix up and cleanup projects around their homes. “Many of them are economically disadvantaged and perhaps elderly and unable to do various types of work around their house that needs to be done. Things we’re doing are pressure washing houses, clearing brush, trimming hedges, and things like that. We’re building several handicapped ramps for folks who need them and need assistance in getting them built. We’re going to build a porch for one family. We’re doing some roof repair and a little bit of automotive repair, just various things like that,” said Jacobs.
Last year’s work camp proved to be quite productive and this year looks to be equally as rewarding. ” It’s been a tremendous success. Last year we had all we could do and this year it looks like it’s going to be the same,” Jacobs said. “We’re doing this with the help of our congregation and especially our youth group. The Gregg Avenue Church of Christ in Florence, South Carolina has a group that has come up to help us. We used to go down and help them do Vacation Bible Schools when they were a smaller church. They have become more established now so they are helping us. We also have a contractor in from Lafayette who came last year for our first work camp, who is very skilled and very accomplished. He serves as an advisor for some of the more technical jobs. Some members of our church have taken their vacations this week just to help out with work camp. Others have taken sick days and holidays. We also have church members who aren’t able to get out and actually do the physical labor. A lot of them are cooking meals for us. We all meet at church at noon for a meal and then go back to work,” he said.
“We’re not trying to draw attention to ourselves but to draw attention to Christianity and hopefully show the good influence Christianity can have in this community. There is a saying that people don’t care how much you know until they know how much you care. We’re trying to show people we care. We’re doing this for free for these folks. We just try to lend a hand in any way we can,” Jacobs concluded.

DUD Answers City Counter Claim in Chancery Court

The DeKalb Utility District is asking the Chancery Court to dismiss a counter claim by the City of Smithville seeking a judgment from the DUD of more than a million dollars for alleged “underpaid” water purchases from July 1, 2008 to December 31, 2013.
In the answer to the counter claim filed on Monday June 2, attorneys Dewey Branstetter, Jr. and Keith Blair for the DUD state that “the City of Smithville has failed to state a claim upon which relief can be granted.”
Attorneys Kristen E. Berexa of Nashville and City Attorney Vester Parsley, Jr. filed the counter claim Thursday, March 27 in DeKalb County Chancery Court along with an answer to the DUD’s lawsuit against the city over the $5.00 per thousand gallon water rate. Attorneys for the city claim the DUD underpaid for water purchases from July 1, 2008 to December 31, 2013 and owes the city more than one million dollars. As a result, the city is seeking a judgment against the DUD to recover the amount of the undercharges. “The total amount DUD underpaid the City for potable water during the period from July 1, 2008 to December 31, 2013 is $1,099,323 plus the underpayment for the period between July 1, 2012 and December 31, 2012,” according to the counter claim.
Even though the city had a water purchase contract with the DUD from March 15, 2004 through December 31, 2013 establishing the amount the DUD would pay for water each year, city attorneys claim a 2013 water cost study found that the municipality had not charged the DUD enough to cover all of the actual costs of producing and distributing water to the DUD, and the City did not recover any of its capital costs from DUD during the period between July 1, 2008 and December 31, 2013.
In the answer, DUD attorneys contend that the water purchase contract governed the rate to be charged over the ten year period. “The 2004 Water Purchase Contract, an express contract, governed the water rate between the DeKalb Utility District and the City of Smithville for the applicable time period of the Contract. The Contract was reasonable and flexible and applied to these parties until its termination. The Contract did not freeze the water rate paid by the DeKalb Utility District or restrict the City’s statutory duty of financial solvency. The DeKalb Utility District paid the contractual rates. There is no authority for the City of Smithville to claim that it should be paid more than the water rate that was mutually agreed upon in the 2004 Water Purchase Contract, which Contract has been fully performed by the parties. There has been no showing of increased costs imposed upon the citizens of the City of Smithville due to the terms of the Contract and therefore no authority for the terms of the Contract to be voided or adjusted by the Court in any respect.”
Attorneys for the City assert that under state law, Smithville is entitled to recover from the DUD the amount by which DUD was undercharged in violation of Tennessee Code Annotated § 7-35-414 which states in part that….”Such rates and charges shall be adjusted so as to provide funds sufficient to pay all reasonable expenses of operation, repair, and maintenance, provide for a sinking fund for payment of principal and interest on bonds when due, and maintain an adequate depreciation account, and they may be readjusted as necessary from time to time by amendment to the ordinance establishing the rates then in force. Any upward adjustment of rates and charges for sewerage services shall not be granted solely on the basis of increases of rates and charges for water service, but shall be made only after a finding by the governing body that such an adjustment is reasonable and justified….”
According to the city’s counter claim, “The provisions of Section 8 of the 2004 (water purchase) contract are void for the period beginning July 1, 2008 through the end of the 2004 contract because they violate Tennessee Code § 7-35-414(a) and the common law requiring DUD to pay just and equitable rates.”
If the city had knowledge of under charges, DUD attorneys question why the city waited so long to address it. “As alleged in the Counterclaim of the City of Smithville, the City has had full knowledge of facts giving rise to the Counterclaim filed in this case since March of 2013. Nevertheless, the City waited a full year before bringing this claim against the DeKalb Utility District. In addition, in its Counterclaim, the City asserts that the 2004 Water Purchase Contract is void for the period beginning July 1, 2008-almost six years ago-through December 31, 2013. The DeKalb Utility District has been prejudiced by the City’s lengthy delay because during the period of delay, the DeKalb Utility District has set water rates for its customers based on the water rate that it paid to the City of Smithville. Consequently, the City’s Counterclaim is barred by the doctrine of laches,” according to DUD’s answer to the counter claim.
In the counter claim, the city is asking that a judgment be entered in favor of the City and against the DUD in the amount of $1,099,323 plus the amount by which DUD was undercharged for water during the period from July 1, 2012 to December 31, 2012; that DUD be denied all relief on its complaint against the City and same be dismissed with prejudice; that the City be granted such other and further relief as is just and proper in the premises; and that the City be awarded its reasonable costs in this action.
In the answer to the counter claim, the DUD states that “The City of Smithville is not entitled to relief because the City acted and reacted to the matters alleged in its Counterclaim with unclean hands.”
“Wherefore, Plaintiff/Counter-Defendant (DUD) requests that the Defendant (City of Smithville) Counterclaim be dismissed and prays for judgment in its favor as follows:
That the Defendant (City) takes nothing by reason of its Counterclaim;
That the Plaintiff (DUD) be awarded its attorneys’ fees for the defense of this action;
That the Plaintiff (DUD) recover the costs of this suit: and
That the Plaintiff (DUD) has such other and further relief as this Court deems just and proper”

Coffee County Sheriff Tells WJLE Murder Victim Not From DeKalb County

The victim in a Coffee County murder is not from DeKalb County, as reported by a Nashville television station.
WSMV reports that “the victim has been identified as Lisa Marie Hyder of DeKalb County”. Coffee County Sheriff Steve Graves told WJLE by phone today (Tuesday) that the 36 year old victim, Hyder, was from another county, either Sequatchie or Bledsoe, but not DeKalb.
The man arrested in the case, 37 year old Gregory Scott Hale of Pete Sain Road, Manchester is charged with first-degree murder and abuse of a corpse and is being held on a $1.5 million bond at the Coffee County Jail.
According to media reports, Hale is charged with murder and abusing the corpse of the woman and has admitted to killing, dismembering, burning and eating part of her remains.
Officers reportedly went to Hale’s home Sunday after getting information that he was seeking help in disposing of the victim’s body. The remains have been sent to Nashville for an autopsy.
Reports say Hale and Hyder did not know each other until meeting in Manchester the day investigators believe she was killed.
Hale told investigators that after he and Hyder met, they went to his home.
They were sitting around the fire talking, and that’s when the incident occurred, according to officials.
Hale gave no reason for the killing.
He is due for a court appearance June 23 in Coffee County

Concerned Neighbor Helps Solve Burglary and Theft Case

Three people involved in a burglary and theft last week were arrested by the Sheriff’s Department after a concerned citizen came forward to report suspicious activity in the neighborhood.
47 year old Shannon Lynn Newby of Anthony Avenue, Smithville, 25 year old Brandon Wayne Hutchings of Young Ridge Road, Sparta, and 35 year old Sherry Kay Malone of Commerce Street, Watertown are each charged with theft of property over $1,000. Newby and Hutchings are also charged with aggravated burglary. Bond for Hutchings is $60,000. Newby’s bond is $29,500. Malone is under a $9,500 bond. All three will be in court on June 19.
The three are believed to be responsible for a burglary and theft at a residence on Early Bain Road last Monday, June 2. Sheriff Patrick Ray said the investigation reveals that Malone dropped off Newby and Hutchings at the residence, drove away, and then parked nearby. While Malone was gone, Newby and Hutchings allegedly broke into the residence and removed from the home a 32 inch Element television, a 42 inch Sanyo television, several nail guns, and assorted tools. Malone was to have picked up Newby and Hutchings after they brought the stolen goods outside the home but a neighbor, who became suspicious when he saw Malone parked in the driveway of another residence in the area, went to confront her. The neighbor then notified central dispatch by cell phone and officers of the sheriff’s department were sent to investigate. The officers found the stolen items from the victim’s home outside near the garage but by that time Newby and Hutchings had already fled the scene.
Prior to the burglary and theft, the observant neighbor had already become suspicious when he spotted more than one person in a strange car driving back and forth several times down the road in the area. Later, he saw the same car again going down the road with only one person inside.
According to Sheriff Ray, Malone was questioned by detectives and subsequently charged in the case. Later that night, Newby was found walking on Robinson Road while Hutchings was picked up on Dry Creek Road. Both were wet and had scratches on them. Detectives believe at least one of the burglars cut himself during the break-in because blood was found inside the victim’s home. The DNA evidence has been collected and sent to the crime lab.
41 year old Scott Lynn Sykes of Alexander Street, Smithville is charged with vandalism, theft over $1,000, and burglary. His bond totals $26,000 and he will be in court June 19. Sheriff Ray said that on Sunday, June 8 Sykes allegedly entered a barn located on Smith Road in Smithville and took two generators, a rake, broom, pitchfork, and a gas can. During the burglary, Sykes allegedly committed vandalism damage to the barn totaling $1,845.
36 year old Jason Zeen Cripps of Bethel Road, Smithville is charged with domestic assault. His bond is $2,500 and he will be in court on June 26. Sheriff Ray said that on Thursday, June 5 a deputy was dispatched to Cripps’ residence on a domestic assault complaint. The officer spoke with a woman who said when she came home, her husband, Cripps was passed out on the back porch. After waking up, Cripps came into the house and an argument started. Cripps grabbed his wife by the neck, slammed her into the wall, and started choking her, causing red marks on her neck. He then left the house. Cripps was later arrested and charged with domestic assault and brought to the jail for booking.
27 year old Shauna Faye Stringer of Tubbs Street, Liberty is charged with violation of bond conditions. Her bond is $1,500 and she will be in court June 12. Sheriff Ray said that on Saturday, June 7 Stringer violated an order of protection by having personal contact with a man at his home on Tubbs Street, whom she had allegedly assaulted previously. The order of protection became effective on May 30 after the assault was committed.
40 year old Chrissy Michelle Evans of West Main Street, Dowelltown is charged with domestic assault. Her bond is $2,500 and she will be in court June 12. Sheriff Ray said that on Tuesday, June 3, an officer responded to a report of a domestic incident at the Evans residence. During the investigation, the deputy spoke with Evans and her husband. Evans was determined to have been the primary aggressor in that she tried to keep her husband from leaving the home. During an altercation between the two, Evans allegedly scratched him. She was arrested and brought to the jail for booking.
45 year old Bruce Allen Morton of East Bryant Street, Smithville is cited for simple possession of a schedule II drug (Subutex). He will be in court on June 26. Sheriff Ray said that on Saturday June 7th, a deputy found a round white pill on Morton while placing him under arrest on a Cannon County warrant. The pill is believed to be Subutex.
19 year old Randy Lee Beechler of Eckles Heights, Liberty is cited for simple possession of a schedule VI drug (Marijuana) and possession of drug paraphernalia (bong/pipe). He will be in court on June 19. Sheriff Ray said that on Tuesday, June 3 a deputy was dispatched to Ekles Heights in Liberty to check out a complaint of a strong odor coming from the back rooms of the residence. The officer found the odor to be marijuana. The deputy went to the apartment, Beechler’s home, and received consent to search. Beechler was found to be in possession of less than half an ounce of marijuana and drug paraphernalia (bong/pipe). Beechler admitted that these items belonged to him.

Constable Involved in Traffic Accident

A constable was involved in a traffic accident on Highway 70 between Liberty and Alexandria Friday while enroute to assist another officer on a call.
Sergeant Eric McCormick of the Tennessee Highway Patrol said Mark Milam, driving a Ford Crown Victoria, was traveling west when he tried to pass a 1996 Ford Explorer, driven by Jeffery Eakes, who was also going west.
Milam, who had activated his car’s blue lights, was approaching a hillcrest as he attempted to pass the Ford Explorer but discovered he couldn’t get around it as an oncoming vehicle crested the hill in front of him. As Milam slowed to pull back in behind Eakes vehicle, the front bumper of his car ran into the rear bumper of the Ford Explorer, which had also slowed due to the blue lights.
Neither Milam nor Eakes were injured.
According to Sergeant McCormick, there was minor damage to the Ford Explorer. Milam’s car was towed.

Proposed Constitutional Amendments Now Online at Secretary of State’s Website

As a convenience to Tennessee voters, the Secretary of State’s office has posted the four proposed constitutional amendments that will be on the November 4 ballot. The amendments appear on the website in the same order they will appear on the ballot.
Article XI Section 3 of the Tennessee Constitution outlines the process for approving amendments. Voters will have the opportunity to vote “yes” or “no” on each of the amendments. For any of the amendments to be approved, they would need “yes” votes from more than half the total number of people who vote in this year’s governor’s race. The gubernatorial election will be on the same ballot as the constitutional amendments.
“Although these amendments will not appear on the ballot until November, voters are starting to debate their merits,” Secretary of State Tre Hargett said. “Now these amendments are readily accessible on our website to give people the opportunity to learn about them so they can make well-informed decisions at the ballot box.”
To view the amendments online, go to: www.tn.gov/sos/
Go to Full Press Release at http://tnsos.org/Press/story.php?item=737
The amendments are also noted below:
Proposed Constitutional Amendment No. 1 for the November 4, 2014 General Election Ballot:
“Shall Article I, of the Constitution of Tennessee be amended by adding the following language as a new, appropriately designated section:
Nothing in this Constitution secures or protects a right to abortion or requires the funding of an abortion. The people retain the right through their elected state representatives and state senators to enact, amend, or repeal statutes regarding abortion, including, but not limited to, circumstances of pregnancy resulting from rape or incest or when necessary to save the life of the mother.” VOTE YES OR NO.
Proposed Constitutional Amendment No. 2 for the November 4, 2014 General Election Ballot:
“Shall Article VI, Section 3 of the Constitution of Tennessee be amended by deleting the first and second sentences and by substituting instead the following:
Judges of the Supreme Court or any intermediate appellate court shall be appointed for a full term or to fill a vacancy by and at the discretion of the governor; shall be confirmed by the Legislature; and thereafter, shall be elected in a retention election by the qualified voters of the state. Confirmation by default occurs if the Legislature fails to reject an appointee within sixty calendar days of either the date of appointment, if made during the annual legislative session, or the convening date of the next annual legislative session, if made out of session. The Legislature is authorized to prescribe such provisions as may be necessary to carry out Sections two and three of this article.” VOTE YES OR NO.
Proposed Constitutional Amendment No. 3 for the November 4, 2014 General Election Ballot:
“Shall Article II, Section 28 of the Constitution of Tennessee be amended by adding the following sentence at the end of the final substantive paragraph within the section:
Notwithstanding the authority to tax privileges or any other authority set forth in this Constitution, the Legislature shall not levy, authorize or otherwise permit any state or local tax upon payroll or earned personal income or any state or local tax measured by payroll or earned personal income; however, nothing contained herein shall be construed as prohibiting any tax in effect on January 1, 2011, or adjustment of the rate of such tax.” VOTE YES OR NO.
Proposed Constitutional Amendment No. 4 for the November 4, 2014 General Election Ballot:
“Shall Article XI, Section 5 of the Constitution of Tennessee be amended by deleting the following language:
All other forms of lottery not authorized herein are expressly prohibited unless authorized by a two-thirds vote of all members elected to each house of the general assembly for an annual event operated for the benefit of a 501(c)(3) organization located in this state, as defined by the 2000 United States Tax Code or as may be amended from time to time.
And by substituting instead the following language:
All other forms of lottery not authorized herein are expressly prohibited unless authorized by a two-thirds vote of all members elected to each house of the general assembly for an annual event operated for the benefit of a 501(c)(3) or a 501(c)(19) organization, as defined by the 2000 United States Tax Code, located in this state.” VOTE YES OR NO.

Car Crashes into Yard of Residence

A 31 year old man was airlifted Friday night after his car crashed into the yard of a residence on Lee Braswell Road, hitting two trees and a vehicle parked in the driveway.
Sergeant Eric McCormick of the Tennessee Highway Patrol told WJLE that Jose Soto was west on Lee Braswell Road in a 2001 Cadillac when he went off the left side of the road and struck two trees in the yard of Glenn Ferrell and a Tennessee Department of Forestry Division vehicle parked in his driveway. Ferrell works for Forestry.
Soto was airlifted from near the scene by a helicopter ambulance and flown to Vanderbilt Hospital. Charges have been filed against him for driving under the influence, open container, no insurance, and failure to stay within his lane of travel.
(PHOTOS HERE WERE TAKEN AFTER THE CAR WAS TOWED TO JR MOTORS)

Shea Butcher is Miss Jamboree in the 21-29 Age Group

A McMinnville woman won the first ever Miss Jamboree Pageant for beauties ages 21-29 Saturday at the county complex auditorium.
Shea Butcher is the 22 year old daughter of Kevin and Shelia Butcher of McMinnville. She was also awarded for Prettiest Eyes and Prettiest Hair.
Eden Adora Nokes, the 25 year old daughter of Linda Nokes and James Crook of Smithville was the Runner-Up. Nokes was also awarded for Best Dress and Most Photogenic.
These were the only two contestants in this pageant.
There were six categories in the Miss Jamboree Pageant Saturday featuring girls ages four to six, seven to ten, eleven to thirteen, fourteen to sixteen, seventeen to twenty, and twenty one to twenty nine. Shan Burklow was the Emcee of each category. Find news stories about winners of the other pageants in the local news section of WJLE.com.
Winners of these pageants will be award presenters on stage during the televised portions of the Fiddler’s Jamboree Friday and Saturday, July 4 & 5 downtown.
(TOP PHOTO: MISS JAMBOREE AGES 21-29 SHEA BUTCHER)
(BOTTOM PHOTO: Shan Burklow with Miss Jamboree Shea Butcher and Runner-Up Eden Adora Nokes)

Haggard Wins Miss Jamboree Pageant Among 17-20 Age Group

Katie Sue Haggard won the Miss Jamboree Pageant for young ladies ages seventeen to twenty Saturday at the county complex auditorium.
Haggard is the twenty year old daughter of David and Vicki Haggard of Smithville. She beat out five other girls for the crown, the first ever awarded.
First Runner-Up: Heather Brady, the twenty year old daughter of Keith and Angela Brady of Crossville. Brady was also awarded for Prettiest Hair.
Second Runner-Up: Jacklyn Danelle Medley, the eighteen year old daughter of Sharon Medley and Troy Medley of Bone Cave, Tennessee. She was also awarded for Best Dress.
Third Runner-Up: Sarah Ann Ward, the seventeen year old daughter of Steve and Amy Ward of Walling. Ward was also judged Most Photogenic and she was awarded for Prettiest Eyes.
Fourth Runner-Up: Rebekah Grace Webb, the nineteen year old daughter of C.D. and Cindy Webb of Dowelltown.
Shauna Faith Taylor, the eighteen year old daughter of Ken and Cindy Taylor of Smithville was named Miss Congeniality.
(TOP PHOTO: MISS JAMBOREE AGES 17-20: KATIE SUE HAGGARD)
(MIDDLE PHOTO: SARAH ANN WARD (3RD RUNNER-UP), JACKLYN DANELLE MEDLEY (2ND RUNNER-UP), MISS JAMBOREE KATIE SUE HAGGARD, HEATHER BRADY (1ST RUNNER-UP), AND REBEKAH GRACE WEBB (4TH RUNNER-UP)
(BOTTOM PHOTO: MISS CONGENIALITY SHAUNA FAITH TAYLOR)