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$10,000 reward offered for information in death of Lee County K9 officer

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JONESVILLE -- Authorities in Lee County are hoping a $10,000 reward will lead to a breakthrough in the case of a K9 officer that was shot last month after being taken from a patrol car.

Lee County Sheriff Gary Parsons announced the increased award amount Monday. The $10,000 reward will be given for information that leads to an arrest and conviction for those responsible for the death of K9 Officer Chase.

Parsons added that his office is awaiting the results of DNA testing performed on the dog's collar to see if it matches with possible suspects.

The reward fund -- which has grown from its original amount in July of $3,500 -- includes commitments of $2,500 and $2,000 from the Lee County Farm Bureau and Bill Gatton Cadillac-Chevrolet, respectively. Donations totaling $1,000 each were made by the Lee County Board of Supervisors, Farmers and Miners Bank, Lee Bank and Trust Company, and Stapleton and Stapleton Investigations. Powell Valley National Bank, Lou's Country Deli, and Pete and Sally Sumpter donated $500 each to the reward.

The dog's decomposed remains were found in the Stone Creek community July 20 in a culvert off State Route 606, approximately two miles from where he was last seen.

An autopsy carried out in late July by the Virginia Tech College of Veterinary Medicine showed that Chase, a black German shepherd, died as the result of a gunshot wound.

The Lee County Sheriff's Office has declined to release details on the type of weapon used or the location of the gunshot due to the ongoing nature of the investigation.

The dog went missing when his handler, Deputy Roger Gates, made a short stop July 16 at Leeman Field on the outskirts of Pennington Gap.

After returning to his cruiser, Parsons said Gates noticed the K9 officer had apparently been taken from the back seat.

Officers unsuccessfully searched the immediate area for Chase before receiving a tip several days later that a dead dog matching the K9's description had been located near a trash bin three miles from the site where he went missing.

The dog's remains had been removed by the time officers arrived to verify the claim, Parsons said.

The dog was finally found several days later in a nearby culvert.


Sneedville DUI suspect allegedly threatens officer, officer's family

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ROGERSVILLE -- A Sneedville man who was arrested by the Hawkins County Sheriff's Office earlier this month on a DUI charge is now facing a felony charge for allegedly threatening the arresting officer and the officer's wife, mother and grandmother.

Jacob Colby Trent, 26, 351 Maple Road, Sneedville, was arrested Aug. 7 about 3:30 a.m. after Deputy Jeremy Nash and Deputy Jason Montgomery found him parked on Pressmens Home Road asleep behind the wheel with a passenger.

After failing field sobriety tests, Trent was arrested for DUI and transported to the Hawkins County Rescue Squad station for a blood draw.

While en route to the rescue squad, Trent allegedly began yelling at Nash that he was being treated unfairly.

In the arrest affidavit, Nash quotes Trent as saying, "You're just a (expletive) cop who won't give a man a break. ... You just wait until I see you in the public without your gun and your badge. I'll (expletive) your world up."

Upon arriving for his blood draw, Trent was reportedly cooperative, but while being driven by Nash to the jail he allegedly began making threats again.

Nash quotes Trent as saying, "(Expletive) your mother, wife and grandmother. ... You will pay for taking me to jail. Just wait until my court date. You'll regret your life."

Nash stated in the arrest affidavit that Trent was disruptive at the jail as well and was placed in the "detox" cell.

After being released from jail, Trent went to retrieve his vehicle and spoke to Josh Myers, owner of Myers Towing.

Myers gave a statement regarding that conversation, quoting Trent as stating, "Deputy Nash was a total (double expletive) to me."

Myers said Trent told him his arresting officer "would have taken an (expletive) beating, and he's going to take a bullet -- him and his wife."

Friday morning Trent was served with an arrest warrant charging him with retaliation for past action, a Class E felony punishable by one to two years in prison.

As of Monday evening, Trent remained lodged in the Hawkins County jail on $20,000 bond with arraignment set for Aug. 22.

Kingsport murder trial set to begin

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BLOUNTVILLE — A Kingsport double-murder and robbery trial will begin this morning after a jury was picked Monday afternoon and sent home following a brief selection process.

Jawaune Massey, 36, is charged in the alleged drug-related Nov. 18, 2005, robbery and execution-style shooting deaths of Jeffrin Nolan and Terrance Alexander inside the former Solé candle shop on Myrtle Street in Kingsport, which Nolan owned.

Jury selection began about midmorning Monday, with a handful of jurors excused for medical or pretrial publicity reasons. During voir dire, the process of questioning prospective jurors on their ability to give Massey a fair trial, prosecutors described Nolan as a known “drug dealer” and Alexander as a “drug user” and advised several witnesses will be co-defendants who have “cut deals” with the state, resolving their cases with a plea bargain that requires their truthful testimony.

Of the 11 peremptory challenges allotted to each side, the prosecution had used up only four, and the defense six, when a jury was picked at 3 p.m.

Massey and Leslie Allen Ware Jr. are the last of several co-defendants yet to resolve their cases. The other co-defendants include Rita Massey, Clyde Green, Octavia Brooks, Brian Beco, Thelma Gardner and Crystal Arnold. All but Rita Massey have agreed to testify truthfully against Ware and Jawaune Massey, if called to do so, as part of a plea bargain in their respective cases.

In connection with the alleged robbery and Nolan’s and Alexander’s deaths, the suspects are charged with two counts each of premeditated and felony first-degree murder and one count each of especially aggravated robbery and criminal conspiracy to commit aggravated robbery.

Both men also face several drug charges due to their alleged participation in a cocaine distribution operation headed up by Jawaune Massey’s half-brother, Osheene Massey. Those charges include criminal conspiracy to possess more than 26 grams of cocaine with intent to sell or deliver, possession of over 26 grams of cocaine for resale, and maintaining a dwelling where controlled substances are used or sold.

Ware and Osheene Massey, a co-defendant who has already pleaded guilty to a laundry list of charges, are accused of having the largest role in the crimes that led to the deaths of Nolan and Alexander.

According to several codefendants, Osheene Massey met Nolan in jail and arranged to purOsheene Massey started up a drug operation in Johnson City, then relocated everyone but his half-brother, Jawaune Massey, to 404 Holly Point, Piney Flats. Jawaune Massey wasn’t allowed to live there because of an alleged cocaine addiction.

According to Green, on the day Nolan and Alexander were shot, Osheene Massey and his co-conspirators had planned to buy some cocaine and then rob them.

Green told prosecutors that Osheene Massey and Ware were discussing the plans about a week before the robbery and agreed “Ebu” (Nolan) should die because he’d been “snitching.” Ware and Jawaune Massey told the group what they did after leaving the store the day of the shootings, Green alleged.

Jawaune Massey was captured in Maryland in 2009. Sullivan County District Attorney Barry Staubus and Sullivan County Deputy District Attorney Gene Perrin are prosecuting Massey. He is represented by attorneys Douglas Payne and William L. “Louis” Ricker.

Ware was located and arrested in New York in 2007. He is currently scheduled for a Feb.11, 2013, trial.

One killed, another injured in early morning crash

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One man was killed an another seriously injured in a crash on Milligan Highway early Tuesday morning.

According to a news release from the Elizabethton Police Department, emergency workers were called around 1:50 a.m. to the 1500 block of Milligan Highway, where a 2002 BMW struck a sign pole at Milligan Grocery.

The driver, who has not yet been identified, was taken to Johnson City Medical Center with serious injuries. His male passenger, also unidentified, was pronounced dead at the scene.

Read the full story on the Johnson City Press Web site.


Warrant issued in July burglary of Kingsport gas station

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A warrant has been issued for a man suspected of recently busting his way into Kingsport gas station with a car, then fleeing with money from the in-store ATM.

The Sullivan County Sheriff's Office reports Eddie Albert Fink Sr., 44, last known address of 7 Trivett Concourse, Apartment 3, Johnson City, is charged with burglary in the July 5 incident. Police say an alarm sounded at a Sunoco, 5670 Fort Henry Drive, at approximately 1:30 that morning, with officers arriving to find a large section of glass busted out of the front of the store.

A manager responded and noted an ATM beside the broken window had been tampered with. SCSO Public Information Officer Leslie Earhart says investigators found a section of the machine, which contained cash for transactions, had been removed and stolen.

Detectives processing the scene discovered what appeared to be vehicle debris, gold in color, on the ground beside the broken window. A police report states an individual passing the market stopped to tell police they had earlier observed a car, which appeared to be a Saturn, "sitting sideways" in front of the building.

Approximately two hours after the alarm sounded an officer spotted a gold Saturn, with damage to the front and rear, pass the store. The report says a stop was conducted with "several pieces of large glass" found on the vehicle. The inside of the car was also allegedly covered in glass, while blood was on the driver's side.

Three people inside the vehicle were detained and transported to the Sullivan County Sheriff's Office. They were interviewed and released, with police determining they weren't in the car when the burglary occurred.

Fink is now charged in the incident. Anyone with information on his whereabouts is asked to contact the Sheriff's Office at (423) 279-7500.

Three charged with lying about Kingsport armed robbery

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Three people who reported they were robbed at gunpoint in the parking lot of a Kingsport gas station — while a baby was inside their vehicle — were arrested Tuesday for allegedly lying about the incident to police.

A Johnson City man was arrested following the alleged victims' claims on July 19, with his charges now dismissed. Kingsport Police Department Det. Cpl. Steve Summey says the individuals apparently filed the false report in retaliation against the man, whom they had a previous altercation with at another location.

But a thorough review of the store's video, according to police, reveals no such robbery occurred.

"The video doesn't lie," said Summey.

Roger Calhoun, 52, of 1005 Minton Place, Shannon Hawkins, 19, and Stephene Hawkins, 21, each of Stonegate Drive, apartment G-12, were arrested Tuesday by Kingsport police. They are each charged with filing a false report, a class E felony, and have since bonded out of jail.

The three Kingsport residents claimed they were outside the Shell Station, 120 West Stone Drive, at approximately 2:50 a.m. July 19. They reportedly told police Matthew Phillips, 22, of 131 Lake Road, Johnson City, approached their vehicle with a handgun, pointed it their direction and demanded money.

According to a report filed by the individuals, a baby was also in their vehicle. They allegedly claimed Phillips stole a silver necklace, Rolex watch, $9 cash and a cell phone, then left the area in a car.

Immediately following the incident police made contact with Phillips, who turned himself in at the police department. He was charged with aggravated robbery, attempted aggravated robbery and two counts of felony reckless endangerment. Those charges are now dismissed.

Caretaker couple accused of beating, neglecting paralyzed Hawkins County woman

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ROGERSVILLE — A Hawkins County man and his girlfriend have been charged with a felony charge related to the state’s elder abuse statute for allegedly beating and neglecting a paralyzed woman who was under their care.

Hawkins County Sheriff’s Office Detective John Parsons responded to the Hawkins County Memorial Hospital Monday where he met 46-year-old Jacqueline Albright who was being treated for multiple bruises, scratches and infections.

Albright has been the subject of an abuse investigation initiated around Aug. 1 by Tennessee Department of Human Services case worker Pam Arnold.

HCSO Detective Lt. Eve Jackson said Tuesday that Arnold had brought the sheriff’s office into the investigation, but each time Albright was asked about her injuries she denied any assault.

Arnold made a surprise home visit to Albright’s residence Monday and observed Albright to have fresh injuries, at which time an ambulance was called to transport Albright tot he HCMH emergency room.

Albright suffered a stroke when she was 26 years old and is paralyzed from the waist down. She also has limited mobility of her arms.

Since suffering her stroke Albright has been cared for by Janet Walters at 4031 Goshen Valley Road near Rogersville.

Jackson said that this past March or April Walters became to ill to care for herself or Albright, at which time Walters’ son and girlfriend moved in.

Investigators suspected that the son Johnny Walters, 34; and his girlfriend Casey Marie Kuhlman, 25, were responsible for the injuries.

When asked about her injuries, however, Albright denied being assaulted, and Walters and Kuhlman allegedly stated Albright “falls a lot.”

“The injuries are not consistent with their story,” Jackson said. “Multiple bruising and multiple broken ribs. Bruises and scratches all over her body. And not only is she being physically abused, but she’s being neglected.”

At the hospital Monday, however, Parsons reported observing injuries that aren’t consistent with a fall included bruises on her face including a large bruise on her left temple.

“There were also scratches to her nose forehead and neck,” Parsons said. “I observed many bruises, both old and new, to Jacqueline Albright’s body. Bruises were on both arms, both legs, her stomach, and all over her back. There was also what appeared to be a hand print on Jacqueline Albright’s left rib cage and back area.”

Investigators later discovered that Albright suffered multiple rib fractures.

Both of Albright’s ears were infected due to lack of cleaning.

When asked by Parsons what happened, Albright initially responded, “No Comment.”

Parsons then stated she needed to tell him who hurt her so he could protect her.

“She then stated she was told to say ‘no’ if asked if anyone hurt her,” Parsons said. “I asked her who told her to say that and she said, ‘Casey and Johnny’. Jacqueline also stated, ‘Casey pushed me. Casey smacked me. Johnny pushed me. Johnny smacked me’.”

Walters and Kuhlman have each been charged with one count each of domestic assault and physical abuse or gross negligence.

Physical abuse or gross negligence is a Class C felony punishable by 3-6 years in prison.

The couple remained held in the Hawkins County Jail Tuesday on $10,000 bond each. Kuhlman is scheduled for arraignment Aug. 27 and Walters for arraignment on Aug. 29.

Albright is prescribed narcotic medication, but when her blood was tested Monday the drugs were not present in her system.

Jackson said Walters and Kuhlman was suspected of taking that medication, and additional charges are pending.

Rogersville man sentenced to 170 months on federal drug, weapons charges

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GREENEVILLE — A Hawkins County man arrested last year for distributing oxycodone from home near downtown Rogersville was sentenced to more than 14 years in federal prison Monday on the drug charges and weapons charges.

Kevin Michael Yerkes, 33, formerly of 204 Huffmaster Street, Rogersville, was sentenced Monday to 170 months in prison, followed by three years of supervised release, by U.S. District Judge J. Ronnie Rreer in Greeneville Federal Court.

Yerkes pleaded guilty on March 2 to a federal indictment charging him with conspiracy to distribute and possession with the intent to distribute oxycodone.

In April of 2011 the Hawkins County Sheriff’s Office conducted a drug investigation in which Yerkes was observed making several sales of oxycodone.

A search warrant carried out in April 2011 at Yerkes’ residence uncovered illegal narcotics, drug paraphernalia and multiple firearms.

In May of 2011 a grand jury in the Eastern District of Tennessee, at Greeneville filed a 10-count indictment charging Yerkes with being a convicted felon in possession of firearms and ammunition, conspiracy to distribute oxycodone, and distribution of oxycodone.

The indictment and subsequent conviction of Yerkes was the result of an investigation conducted by the HCSO and federal bureau of Alcohol, Tobacco, Firearms and Explosives into the illegal sale of prescription narcotics.

Assistant U.S. Attorney J. Gregory Bowman represented the United States.


Man with box cutter robs Bristol drugstore

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BRISTOL, Tenn. — A drugstore was robbed Tuesday after a man armed with a box cutter demanded pills from the pharmacy, a Bristol Tennessee Police Department news release said.

According to the release, the suspect went into CVS Pharmacy, 1315 Virginia Ave., at 5:46 p.m., went to the pharmacy counter, and handed a clerk a note demanding narcotics.

After being handed pills, the suspect left the store. He is described as a white male, approximately 35 years old with blond hair, goatee and medium build. He was wearing an orange baseball cap with a dark-colored bill, black sleeveless T-shirt with a small white logo on the chest, khaki cargo shorts and sneakers.

The robber was seen getting into an older-model red Chevrolet truck, which was parked behind the store. When the truck left the parking lot, it was headed toward Georgia Avenue. The truck’s driver was described as a white male around 40 years old.

Anyone with information about the robbery is asked to call Sgt. Jason McCready at 989-5568.

Police seek owners of property stolen in Kingsport burglaries

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KINGSPORT -- A man arrested last week after allegedly burglarizing a Sullivan County home -- leaving his cell phone at the scene of the crime, then attempting to hand the stolen goods back to the victims -- is now facing charges in a string of Kingsport burglaries.

Kevin Lance Henry, 28, of 1921 Bowater Drive, was arrested Aug. 8 by the Sullivan County Sheriff's Office. Kingsport Police Department Detective Tommy Arnold said a subsequent search of Henry's residence uncovered thousands of dollars in items believed to have been stolen during a nearly two-month auto burglary spree throughout the city.

Henry is currently tied to four such burglaries, according to investigators, but could be connected to several additional incidents. Some of the stolen items have been returned to victims, but police are still seeking rightful owners to claim most of the property.

Those stolen goods include four laptops, a dozen wristwatches, eight pocket watches, two car stereos, six cell phones, three video game systems, video games, a Volvo key fob, two GPS units and digital cameras. There's also various jewelry, including a bracelet inlaid with six dimes, dated 1912 through 1916.

Individuals believing they've been victimized can schedule an appointment to review the recovered items by calling Arnold at 245-9588 between 8 a.m. and 4 p.m.

Arnold said Henry has thus far been charged with one count of auto burglary, though an investigation is continuing and additional charges are pending. On Aug. 8, the Sullivan County Sheriff's Office charged Henry with aggravated burglary, theft of more than $1,000, and auto burglary.

Early that morning, police responded to a home on Ridge Road. One of the victims said he heard someone walking up the stairway, went to investigate and located a man "wearing a black hoodie with blue tape on one of his hands."

The suspect was chased from the scene carrying small electronics, jewelry and cash from inside the home, as well as items from a car that was parked outside. Meanwhile a cell phone, which didn't belong to any of the victims, was located at the scene.

The victims stated that shortly after the incident they walked down the road searching for some of the stolen property. They were confronted by a man nearby, outside of 4020 Ridge Road.

The man, later identified as Henry, asked them what they were doing. He is then alleged to have told them he "found a bag" in the front yard and went inside the residence to retrieve it. When handed over to the victims, their stolen possessions were located.

Detectives responded to question Henry, determining the phone found at the victims' home was his. He was arrested and consented to a search of his residence, which Kingsport police say produced the items stolen from vehicles in the Model City.

Sullivan Election Commission certifies Aug. 2 results

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BLOUNTVILLE -- Sullivan County voters eligible to cast absentee ballots for the upcoming presidential election can start requesting them from the Sullivan County Election Commission.

On Tuesday, members of the commission officially locked the absentee ballot box where cast absentee ballots will be stored, as they are mailed in by voters, until Election Day.

For those not already registered, Oct. 8 is the last day to do so and be eligible to vote on Nov. 6.

In other business Tuesday, the Election Commission unanimously certified the results of Aug. 2 elections, which included a county general election and party primaries for local and state offices on the Nov. 6 ballot.

There were no outcome changes in the results as certified, compared to unofficial results released by the Election Commission after close of polls on Aug. 2.

Absentee ballots made all the difference in one key race on Aug. 2 -- state Rep. Tony Shipley had an 11-vote margin over challenger Ben Mallicote in the GOP primary for the 2nd District House seat held by Shipley. Mallicote carried early voting and election day voting, but Shipley held a wider margin over Mallicote in absentee balloting.

Shipley received 3,405 votes to Mallicote's 3,394.

Shipley lost the election day popular vote to Mallicote but garnered 91 absentee votes compared to Mallicote's 36.

Shipley will face Democrat Bruce Dotson in the November general election. The 2nd House District includes parts of Kingsport and Sullivan County.

Tennessee law allows a candidate or incumbent to contest party primary results -- directly with the party in question. Such a contest must be filed within five days of the Election Commission's certification of results.

THP to enforce 'No Refusal' law in Sullivan County DUI stops

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FALL BRANCH -- Tennessee law enforcement wants drunk drivers to know they will be out for blood over the Labor Day weekend.

State troopers, local police and prosecutors gathered Tuesday at the Tennessee Highway Patrol's Fall Branch district headquarters to announce their "No Refusal" DUI enforcement campaign will be concentrated in Jefferson and Sullivan counties.

Tennessee's No Refusal law allows law enforcement to seek search warrants for blood samples in cases involving suspected DUI drivers.

"Last year, we had 10 fatals in the state over Labor Day. ... We want zero fatalities this year," THP Maj. Dean Hurley said.

Tennessee law defines driving with a blood alcohol concentration (BAC) at or above 0.08 percent as a crime.

Previously, a suspected impaired driver could refuse a BAC test and face charges of violating the state's implied consent law.

"For years, we've had to read the implied consent law to the suspect, and they could agree to give us a blood sample or breath test or refuse. ... Now the legislature has given us a tool to combat drunk driving," said Sullivan County Assistant District Attorney General Jim Goodwin.

Hurley said seven DUI checkpoints will be set up across Sullivan County during the Labor Day holiday period.

"We're going to do a normal DUI stop ... but once the individual has been charged and they refuse to have their blood drawn, then we will inform them of the new (No Refusal) law," Hurley said.

Hurley estimated officers will probably be able to get a judge to sign off on a warrant ordering a blood test within 30 minutes.

While law enforcement is focusing primarily on two counties, the Department of Safety pointed out the new law may be enforced by any law enforcement officer across the state at any given time.

According to the DOS, the preliminary number of alcohol-related crashes on Tennessee roadways increased 7.5 percent for the first six months of 2012, compared to the same time period last year. THP reported 2,547 crashes involving impaired drivers from Jan. 1 through June 30. That is 177 more than the 2,370 crashes reported during those same dates in 2011. Impaired-driving crashes killed 10,228 people nationwide in 2010, the DOS also noted.

"We always see alcohol as a contributing factor (in crashes)," said Goodwin. "I think this (new law) is a strong first step. ... Being able to ask a judge for a search warrant and draw blood is an incredible tool."

Sky high Scott officers use VSP helicopter to find outdoor marijuana-growing operations

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GATE CITY — A weeklong marijuana eradication effort carried out earlier this month by Scott County authorities resulted in the discovery of dozens of plants and the arrest of several people.

Scott County Sheriff John Puckett said his office used a Virginia State Police helicopter to spend several days at the beginning of August
searching the entire county for evidence of outdoor marijuana plots.

The Scott County Commonwealth Attorney’s Office and the Southwest Virginia Drug Task Force also took part in the operation.

Puckett said VSP spotters had a hard time locating as many grow sites as in years past.

“Through the helicopter eradication we didn’t find a whole lot of plants, probably about 50 plants whenever they flew,” Puckett said. “They told us we were either doing a good job or they’re hiding the plants better. I think we’re doing a better job, and we took care of a lot of the plants before we flew.”

Although the number of plants spotted from the air was lower than normal, Puckett said his office has managed to discover 15 plots and confiscate close to 2,000 plants so far this year.

Read the expanded version of this report in today's print edition of the Times-News or its enhanced electronic edition.

Mountain City defendants in Facebook murder make first appearance in Criminal Court

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MOUNTAIN CITY — The two men charged in the murders of Billy Clay Payne Jr., 36, and his girlfriend Billie Jean Hayworth, 23, made their first appearance in Criminal Court on Tuesday morning.

Marvin E. “Buddy” Potter and Jamie Lynn Curd each made brief appearances before Senior Judge Jon Kerry Blackwood. The judge placed each defendant on the same schedule. They have until Nov. 9 to file pretrial motions. There is a Feb. 1 deadline on any negotiated settlement and trial is set for April 15. Both men are charged with two counts of first degree murder.

Potter was brought into the courtroom first on Tuesday. He has hired Randolph Fallin as his attorney. The proceedings went quickly and Potter was then taken from the courtroom by Johnson County deputies.



Read the expanded version of this report at the Johnson City Press Web site.

Mallicote says he will not contest his 10-vote loss to Shipley

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Tennessee 2nd House District GOP challenger Ben Mallicote has decided not to contest his 10-vote loss to Republican incumbent state Rep. Tony Shipley in the August Republican Primary.

In a statement e-mailed late Tuesday night, Mallicote told his supporters: "Thank you so much for the support you have offered in the wake of the election. A great many of you have urged me to demand a recount; because I respect your opinions and appreciate your support so deeply, I want to explain why I will not do so.

"In a primary race in Tennessee, a candidate does not have the right to demand a recount. By law, our campaign’s sole recourse would be to file a contest with the Executive Committee of the Tennessee Republican Party. As it has been explained to me, the campaign is responsible for bearing the costs of the contest, which can range into the thousands of dollars. The Executive Committee has broad discretion to decide the contest as it sees fit, and a number of Executive Committee members openly supported my opponent during the campaign. Therefore, it only makes sense to file a contest if we have overwhelming proof of some irregularity in the voting. Our likelihood of success otherwise is realistically zero.

"As you may know, our campaign received the most votes in both early voting and on Election Day; it was from the 127 absentee ballots that my opponent gained his margin of victory. My campaign has now completed its due diligence with respect to the list of absentee voters, and has reached a conclusion: We cannot make a case strong enough to compel the State Executive Committee to reverse the outcome of this election. That being the case, it does not make sense to spend the time, energy and money to pursue a contest.

"I hope you will understand this decision, and know how deeply disappointed I am that I was not able to turn your hard work into a successful result. I would ask that you continue to hold all of our elected leaders up in prayer, and remain engaged in the political process. It is, after all, your government."

The election results were certified Tuesday by the Sullivan County Election Commission.

Unofficial results showed Shipley with an 11-vote victory. The certified vote count showed Shipley with 3,405 votes compared to Mallicote's 3,395 votes.

Shipley, who is seeking a third term, will face Democrat Bruce Dotson in the November general election.


Bluff City woman arrested after allegedly hitting neighbor with car

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A Bluff City woman faces charges of aggravated assault after allegedly striking a neighbor with her car, knocking him in the air and into an electric fence.

According to a police report, the woman revved the engine of her 1998 Ford Mustang before hitting the man, 59, leaving 13 feet long skid marks in a driveway. Christine Johnson, 58, of 889 Old Elizabethton Highway, was located shortly after the Tuesday evening incident and arrested.

A Sullivan County deputy was dispatched to Johnson's neighbor's residence at approximately 6 p.m. A police report says the man, who had marks on his back and dirt on his shoulders, relayed that he and another individual were working on a culvert along the driveway, following recent flooding of his yard.

As he and the other man were "stopping up" a drain Johnson came down the driveway in her car. She reportedly cussed the men and their work, stating she'd "fix the problem." As her neighbor was walking across the driveway with a bucket of water, according to the report, Johnson revved her Mustang's engine, slammed it into gear and spun her tires.

Her car hit the man, according to witness statements, "making him go airborne and hit his electric fence." Johnson is alleged to have then drove to the end of the driveway, exited her car and yelled at the neighbor for being on her property. The report doesn't specify on whose property the assault allegedly occurred, but notes that Johnson claimed she "just bumped" the victim with her car.

When police arrived Johnson had left the scene. An officer notes skid marks were observed in the driveway, and a warrant would be issued for Johnson's arrest if she wasn't located during the night.

Within two hours Johnson was found at a residence on Main Street in Bluff City, charged with aggravated assault and booked into the county jail.

Prosecutors outline case against suspect in Kingsport double murder

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BLOUNTVILLE — Prosecutors on Tuesday argued Jawaune Massey played a key role in the robbery and murders of two men inside a Kingsport business in 2005, while the defense argued their client was not involved and not even in the state the day of the shootings.

Massey, 36, is being tried in Sullivan County Circuit Court this week on charges alleging he was involved in the Nov. 18, 2005, robbery and execution-style shooting deaths of Jeffrin Nolan and Terrance Alexander inside the former Solé candle shop on Myrtle Street.

Massey is charged with two counts each of premeditated and felony first-degree murder and one count each of especially aggravated robbery and criminal conspiracy to commit aggravated robbery.

According to medical testimony, Nolan’s death was rapid but not instantaneous — the result of two gunshot wounds to the back of his head. Alexander suffered a single gunshot to the back of his head and was declared brain dead at a local hospital prior to his death.

Massey is also being tried on charges alleging his participation in a cocaine distribution ring headed up by his half-brother, Osheene Massey. Those charges include criminal conspiracy to possess more than 26 grams of cocaine with intent to sell or deliver, possession of over 26 grams of cocaine for resale, and maintaining a dwelling where controlled substances are used or sold.

In opening statements Tuesday morning, Sullivan County Deputy District Attorney Gene Perrin told the jury the state believes Jawaune Massey, his half-brother and a third codefendant, Leslie Allen Ware Jr., plotted and carried out the robbery and murder of Nolan because they suspected him of being a "snitch" to police and to eliminate a competitor, "someone above Osheene in the cocaine business."

Nolan, despite being on supervised probation, was a "wholesaler" of cocaine, Perrin said. His candle shop served as a "front" for his operation, which involved the sale of one to two kilograms or more of cocaine per week for $20,000 to $40,000. Osheene Massey was one of his customers.

Perrin said they shot Alexander, a drug user, to eliminate "a potential witness."

The trio had discussed plans to rob and kill Nolan days before the shootings, with one attempt two days prior called off "for various reasons," Perrin said.

The plan involved sending co-defendant Octavia Brooks into the shop first to order some "work" — street slang for cocaine — which Nolan kept in a back room. He was known to arm himself with a gun he kept stashed near his cash register when male customers came in, but not female customers, and Brooks was a "reliable customer," he said.

While Nolan was in the back getting the cocaine, Jawaune Massey and Ware entered the front room with handguns drawn, telling Alexander, who was in the front, to "be quiet, you know what this is," Perrin said.

Ware then ordered Brooks out of the shop. Outside, she passed by Clyde Green, who had driven Osheene Massey to the shop.

Green had been ordered into the shop by Osheene Massey, Perrin said. Once inside, he found the front room empty. From the doorway to the back room, he spotted Nolan and Alexander lying face down in the floor beside each other.

Green saw Jawaune Massey had his own gun and a gun Green recognized as Nolan’s tucked in his waistband, Perrin said. Ware had his gun, a 9 millimeter, pointed at the back of Nolan’s head while he demanded the location of the "rest" of his cocaine and cash, Perrin said.

"Next thing he knows, he sees Leslie Ware fire a shot into the back of Jeffrin Nolan’s head," said Perrin.

Green then started out of the candle shop and heard two more shots as he was leaving, Perrin said.

Perrin told the jury they would hear how Brooks, who by then had returned to the 4Runner she arrived in, had been ordered by Osheene Massey to get into a second vehicle, a Lincoln. As she was talking to them, she heard "three distinct gunshots" and "knows in her mind what has just happened," Perrin said.

Afterward, Osheene Massey, Jawaune Massey and Ware argued about how to split the proceeds, Perrin said.

Ultimately, the clothes Brooks, Ware and Massey were wearing were burned, one gun was dropped in a lake, another gun was tossed in a dryer, and the group left home to avoid arrest, Perrin said. Jawaune Massey was arrested in Baltimore in September 2009.

In a brief opening for the defense, attorney William L. "Louis" Ricker contended Jawaune Massey is not "criminally responsible" for Nolan’s and Alexander’s deaths, and he neither robbed and killed nor conspired to rob and kill them.

He said Jawaune Massey neither conspired to distribute nor possessed with intent to distribute cocaine in Tennessee, and "definitely" didn’t maintain a dwelling to distribute the drug in this state.

Ricker said his client was not even in Tennessee on Nov. 18, 2005, but was "living openly" with his family in Baltimore until his arrest.

Ricker asked the jury to first listen to all the evidence and then return a "fair and impartial" judgment.

Jawaune Massey is also represented by attorney Douglas Payne.

Kingsport man indicted on first-degree murder charge in stabbing death of girlfriend

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A Kingsport man accused of stabbing his live-in girlfriend to death in February has been indicted on a first-degree murder charge.

A Sullivan County grand jury on Tuesday returned a first-degree murder indictment against Mark W. Breeding, 46, 1037 Bloomingdale Pike, Apt. 323, Kingsport.

The charge stems from the Feb. 12 stabbing death of his girlfriend, Beverly "Birdie" Hartsock.

Shortly before 1 a.m. Sunday Kingsport officers responded to the apartment shared by Breeding and Hartsock in reference to a welfare check on Beverly “Birdie” Hartsock.

According to court records, an affidavit filed by Kingsport Police Detective David Cole states police responded to the couple's apartment at approximately 12:45 a.m. after a witness reported Breeding said he had killed Hartsock and "wanted to borrow a handgun to commit suicide."

Police located Hartsock's body in the kitchen floor, with injuries to her stomach and neck.

An arrest warrant was issued, and Breeding was located and arrested at approximately 8:15 a.m. on Feb. 12 at the VA Center in Johnson City.

Others indicted Tuesday and their charges include:

Joshua F. Mercer, 27, 517 Ryder Church Road, Bluff City, violation of sex offender registry.

Jacob Rhea Arp, 22, 3425 Carolina Drive, Kingsport, theft over $1,000.

Brooke Anne Parrish, 28, 510 Foothills Road, Kingsport, theft over $1,000.

Nicholas I. Brown, 19, 908 Chadwell Road, Kingsport, aggravated assault, possession of an intoxicating liquor by person under 21.

Jeffrey Luke Sharp, 28, 312 Cave Hill Road, Lot 115, Blountville, theft over $500.

Terry Larkins, 37, 317 Old Beason Well Road, Kingsport, aggravated assault, use of stolen vehicle license plate, identity theft, reckless driving, speeding, evading arrest, violation of habitual traffic offender order.

Eric William Petersen, 42, 204 1/2 Gay St., No. 9, Erwin, theft $1,000 or more.

Ginger Nicole Marshall, 21, 183 Long Hollow Road, Weber City, Va., false report.

Aaron Matthew Lane, 30, address provided as Salvation Army, Kingsport, aggravated assault, aggravated burglary, vandalism $500 or less.

Christopher Ledgar, 23, 1120 E. State St., No. 8, Bristol, Tenn., statutory rape (2 counts).

Channing Lee Welch, 24, 54 22nd St., Bristol, Tenn., robbery.

Jackie Sims, 33, last known address 565 Highway 75, Blountville, theft over $1,000.

Jackie Sims, 33, last known address 565 Highway 75, Blountville, and Nicholas McGuire, 32, 621 Reedy Place, Kingsport, burglary, theft over $1,000.

Dustin Overbay, 28, 420 Bay St., Mt. Carmel, and Brandi Roller, 31, same address, theft $1,000 or more.

Chad Roberts, 24, 132 Bluebell Road, Kingsport, and Megan M. Freeman, 27, same address, aggravated burglary, theft over $1,000.

Gary Blankenship, 46, 201 E. Ravine Road, Kingsport, public intoxication.

Mark E. Smith, 38, 137 Thorpes Chapel Road, Rogersville, felony failure to appear (2 counts).

Tabitha Drake, 21, 504 Alcoa Drive, Kingsport, theft $500 or less, theft of merchandise.

Thomas M. Bullard, 45, 1211 Bell Ridge Drive, Kingsport, theft $500 or less.

Larry James Fuller, 42, no address listed, public intoxication.

Former Hawkins prosecutor may face nine felony charges

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ROGERSVILLE — If former Hawkins County prosecutor Doug Godbee persists with a new motion to dismiss his felony official misconduct charge, he may find himself facing nine felony charges instead of one.

On Monday, Godbee appeared in Jefferson County Criminal Court, where his case is being heard due to a change of venue order.

The lone charge is based on the accusations of nine women who allege that Godbee requested, and in some cases received, sex in exchange for leniency in drug cases he was prosecuting.

After 30 years as Hawkins County’s lead prosecutor, Godbee resigned amid those allegations in September 2010 and has since been operating a private law practice based mainly in Rogersville.

On Monday, special appointed Judge Duane Sloan postponed a hearing pertaining to a motion to dismiss the charge against Godbee filed by his defense attorney, Paul Whetstone.

The basis of Whetstone’s motion is a 1993 Tennessee Supreme Court ruling that criticized compiling multiple accusations into one indictment, stating that a jury should be presented with specific charges “instead of creating a ‘patchwork verdict’ based upon different offenses in evidence.”

Special prosecutor Russell Johnson of Kingston, who was appointed to prosecute the Godbee case, wasn’t able to attend court Monday. Sloan reset Godbee’s motion to dismiss hearing for Oct. 1.

Johnson told the Times-News Wednesday he has offered Godbee an opportunity to plead guilty to the original felony indictment charge “before it gets worse for him.”

“I’ve told him I’m going to oppose it (the motion to dismiss), and if he really pushes it hard, we’ll just go back and indict on all potential charges,” Johnson said. “He’s asking us to split them up and charge them individually, which doesn’t sound very smart from their standpoint. If the judge dismisses (based on Whetstone’s motion) we’ll just re-indict on all potential charges.

“Jeopardy hasn’t attached yet, so we’re considering just going back and indicting him on everything he’s insisting we indict him on.”

In June, Johnson received a complaint from a client represented by Godbee alleging Godbee had traded legal services to the woman and her son in exchange for sex with the woman.

Johnson said he wasn’t able to file a criminal charge related to the woman’s allegations.

Instead, Johnson forwarded the woman’s statement to the Tennessee Board of Professional Responsibility, which suspended Godbee’s law license earlier this month based on her statement.

Godbee has denied the allegations, and Whetstone has filed a motion to have his suspension dissolved.

A TBPR hearing had been set for Monday and Tuesday to determine if Godbee’s law license will be revoked, but that hearing has been reset for Oct. 23-25.

Johnson said at first glance the new allegations against Godbee might suggest a prostitution solicitation charge is appropriate.

State law says otherwise, Johnson added.

“The Tennessee Court of Criminal Appeals said it’s not solicitation of prostitution unless the person you’re compensating for sex is engaged in the business of prostitution,” Johnson said. “There’s no evidence that this lady was engaged in prostitution. It’s just like having sex with someone and then taking them out to eat. It’s going to be hard for people to understand why that isn’t a criminal act, but that’s what the Court of Appeals has decided.”

Johnson added, “The standards for the Board of Professional Responsibility are a little different, and that’s why I gave it to them instead of charging him on it. Certainly we may use it in the future, but our position right now is if they want to persist with the motion to dismiss, we’ll re-present it for indictment.”

Johnson said he’s trying to convince Godbee to plead guilty before additional felony charges are added.

“Our offer is for him to plead as charged, especially in light of this new information,” Johnson said. “I said, ‘Go ahead and get this out of the way before it gets worse.’”

Major contributor to Shipley campaign called before state board

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One of Tennessee GOP state Rep. Tony Shipley’s major campaign contributors has been called before a state board to answer for his contribution activities.

The Truth Matters political action committee, established last July by Middle Tennessee businessman Andrew Miller Jr., gave Shipley $7,100 and gave thousands of dollars to other GOP candidates.

Miller’s and the PAC’s activities will be the subject of a Sept. 5 hearing held by the Tennessee Registry of Election Finance (TREF) to determine whether the PAC was used as an “illegal conduit” to avoid individual contribution limits.

Miller also made a $1,500 individual contribution to Shipley’s campaign in June 2011, said TREF Executive Director Drew Rawlins.

Campaign finance law in Tennessee allows individual contributors to give candidates up to $1,400 per election, while PACs can contribute a maximum of $7,100 per election.

If found to be in violation, Miller could face a potential civil penalty of up to $10,000 per violation or 115 percent of all contributions made. The candidates would also have to return the contributions, according to state law.

Shipley, who will face Democrat Bruce Dotson for the 2nd House District seat in the November general election, did not respond to a phone call seeking comment for this story.

The Truth Matters PAC also contributed to the successful GOP primary campaigns of Blountville businessman Timothy Hill in the 3rd House District and political newcomer Micah Van Huss, who defeated 6th House District incumbent state Rep. Dale Ford, R-Jonesborough. Hill, the brother of state Rep. Matthew Hill, got $5,000. Van Huss received $7,100.

According to TREF, Miller also contributed $50,000 to Tennesseans for Ethics in Government, an organization that attacked Shipley’s GOP primary opponent Ben Mallicote on abortion in a direct mail piece.

Mallicote, a former Kingsport alderman and vice mayor, lost the 2nd House District August GOP primary election to Shipley by 10 votes.

In an e-mail, Miller also verified he is the chairman of the Tennessee Freedom Coalition (TFC), a nonprofit organization listing its top advocacy issue as educating people “on the realities of Sharia and stopping the growth of Radical Islam.”

Miller, who lists himself as president of a Nashville-based health care venture, also poured thousands of dollars into the unsuccessful GOP primary campaign of former TFC Executive Director Lou Ann Zelenik, who opposed U.S. Rep. Diane Black’s re-election bid.

For more about campaign finance in Tennessee go to www.tn.gov/tref.

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