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Sullivan to discuss settling sheriff's lawsuit

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BLOUNTVILLE — The Sullivan County Commission will meet in called session next week to discuss potential settlement of Sheriff Wayne Anderson’s lawsuit seeking additional county funding for the various public safety services state law requires him to provide.

County Mayor Steve Godsey announced the called session during the commission’s regular monthly meeting on Tuesday.

Godsey said he and Anderson have been working hard, together, to resolve the lawsuit through mediation in a joint attempt to avoid a trial — and that each side is determined to do what is best for the county taxpayers, who will foot the bill for whatever agreement is reached.

“We’re trying to be good stewards of the county,” Godsey said.

Anderson also spoke of a spirit of cooperation.

“We are working together,” Anderson said. “We want to do what is best for Sullivan County.”

Godsey said he and Anderson, with help from their attorneys, will present what they’ve come up with during mediation attempts in recent days.

That meeting is set to begin at 7 p.m. on Feb. 25, Godsey said. And while attorneys advised that no questions be taken Tuesday from the commission floor, commissioners will receive a packet of information later this week outlining the possible resolutions discussed in mediation.

Elsewhere in the courthouse during portions of the commission’s meeting on Tuesday, Anderson and his staff continued to work behind closed doors with attorneys from both sides.

Speaking to the full commission at a later point, Anderson said he hates that the situation got to the point of him filing the lawsuit — a process outlined in state law as the way officeholders challenge what they see as a lack of needed funding.

State law allows constitutional officeholders, like a sheriff, to seek court relief if they can show county funding isn’t sufficient to provide the services they are required, by law, to provide.

Anderson told county commissioners early last year that he would consider such a lawsuit if funding wasn’t increased for his department — which state law requires to include patrol, investigation, crime prevention, courtroom security, and operation of the county jail (which locally includes multiple facilities).

The Sullivan County Commission ultimately voted to increase the county’s property tax rate by 20 cents per $100 of assessed value for the fiscal year that began last July 1 — but did not provide any new funding for the sheriff’s office or jail. The increase instead went largely to schools, the county highway department, and to try and build up the county’s surplus.

Anderson said his budget hasn’t increased in six years, despite rising costs for staple supplies like fuel, medical treatment and food costs for jail inmates.

In addition, Anderson and his staff have pointed out increases in call volume and the number of inmates in the county jail.

In 2005, the sheriff’s department dealt with 39,047 calls, Anderson’s staff said, and by 2011, that number had grown to 60,028.

In 2006, county jail facilities averaged 435 inmates per day, Anderson’s staff has said, while during the first two months of 2012, the daily average had increased to 742.

The Sullivan County Commission approved this fiscal year’s budget on July 30, and Anderson filed suit in August. As spelled out in state law, the suit named Godsey as defendant — not personally, but in his capacity as county mayor.

The $164 million county budget approved by the Sullivan County Commission on July 30 includes $8.6 million for the sheriff’s department — about $150 less than appropriated for the budget year that ended June 30.

The new budget includes another $7.93 million for the county jail — up about $150,000 from the prior year.

Last month, Godsey’s attorney for the case told commissioners if the case goes to court and the sheriff gets all the funding he’s seeking, the county’s liability could be as much as $2.4 million — and reminded them that whatever amount the court might order be added to the sheriff’s budget will be retroactive to last July 1 — and will need to be carried over in years to come.


Hawkins man facing charges after allegedly being found passed out behind wheel

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SURGOINSVILLE — A Hawkins County man is facing DUI and drug possession charges after allegedly being found passed out behind the wheel of a vehicle blocking a residential driveway early Saturday morning.

Shortly after 2 a.m., Hawkins County Sheriff’s Office Cpl. Don Mitchell was dispatched to a residence on Longs Bend Road just south of Surgoinsville near the Miller’s Bluff Road intersection, where a black Nissan Maxima was blocking a driveway.

Mitchell wrote in his report that he found a man later identified as Harley Lee Wallen, 47, 1366 Webster Valley Road, Rogersville, slumped over the wheel of the vehicle with the keys in the ignition and the vehicle running.

Upon waking Wallen, Mitchell asked him why he was there. Wallen smelled of alcohol, was disoriented and didn’t know where he was, Mitchell said.

Wallen was also shirtless. When Wallen exited the vehicle at Mitchell’s request, Mitchell gave him a T-shirt that was on the passenger seat. Wallen reportedly put the shirt on backward.

Wallen then allegedly performed poorly on field sobriety tests and was arrested. A search allegedly revealed him to be in possession of a small metal container holding a variety of pills, including oxycodone.

Inside the vehicle, Mitchell allegedly found three plastic pill bottles containing a variety of medications, a pill crusher with white powder in it and a syringe.

Wallen was charged with DUI second offense, four counts of possession of Schedule II narcotics, possession of legend drugs, violation of the Tennessee Drug Control Act and possession of drug paraphernalia.

As of Tuesday, Wallen remained held in the Hawkins County jail without bond pending arraignment this morning.

Sullivan commissioner withdraws 5% cut resolution

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BLOUNTVILLE — A resolution to request all those receiving funding from Sullivan County to submit budget requests reflecting a 5 percent cut for the upcoming fiscal year was withdrawn Tuesday by its primary sponsor.

Commissioner Dwight King said the resolution is no longer needed because County Mayor Steve Godsey has sent a letter to all county department heads asking that each submit two budget requests — including one that shows how they would cut 5 percent from their budgets.

King initiated the resolution after a discussion by the commission’s Administrative Committee earlier this month. That group endorsed the concept, as did the commission’s Executive Committee. The commission’s Budget Committee, however, raised several questions on the issue and took no action.

At that meeting, longtime Budget Committee Chairman Eddie Williams said he could not support the 5 percent cut resolution, in part because it is not realistic and is misleading to the general public.

The county’s overall $164 million budget cannot be simply cut across the board by five percent (which would total $8 million in cuts), Williams said, due to legal requirements to maintain funds in certain accounts such as schools, highways and public safety.

Williams also cautioned the county must take care in making some cuts because a 5 percent reduction in local funding can jeopardize a much larger chunk of a department’s outside funding (through state or federal grants that require a local match or specific maintenance of effort).

“A five percent cut in Sullivan County’s budget is not a reality,” Williams said on Feb. 7. “I don’t know how anybody could vote to cut 5 percent of Sullivan County’s budget. I want to do all we can. Save all we can. But let’s be straightforward on what we know we can do and can’t do as we put it before the public in this county.”

On Tuesday, King said again that he simply wanted to get the ball rolling on this year’s budget process, and doesn’t want it to be like last year’s process — which ended in a tax increase.

King also made comments to distance himself from a list of potential budget cuts being shopped around by Commissioner Ed Marsh.

Marsh was co-sponsor of the resolution to seek the 5 percent cut budget submissions from department heads.

King said discussion of Marsh’s “worksheet” had muddied the water on debate of the resolution.

King said he didn’t want the credit — or the blame — for something he did not create.

The county’s next fiscal year begins July 1 and will cover county finances through June 30, 2014.

Interim Budget Director Gayvern Moore said earlier this month that her office would be sending out annual requests for departmental budget submissions on Feb. 14, and expect those to be turned in by early March.

ETSU: There's an app for that

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If you’re looking for that free public lecture about Central Appalachian culinary delights on the campus of East Tennessee State University but can’t find the building where it’s being held, fear not — there is now an app for you.

Courses, grades, streaming events, campus maps, libraries, directories, athletics and more related to ETSU are now accessible on the ETSU app for iOS and Android mobile devices.

The app was developed in conjunction with Blackboard Mobile, a company that specializes in creating university apps.

Read more at the Johnson City Press.

KPD: Motorist arrested after threatening public works crew

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KINGSPORT — A Kingsport motorist has been arrested after allegedly approaching a public works crew — which he perceived to be blocking his way on a city street — and saying he was "going to start busting some heads."

When later confronted by police the man reportedly warned, "You will have to kill me to take me back to jail," adding that a worker had threatened him with a shovel. He was ultimately arrested without incident and charged with aggravated assault, due to arming himself with a tool during the confrontation with workers.

A report at the Kingsport Police Department says the incident began at approximately 10:10 Tuesday morning. City employees were using a backhoe to clean ditches along a narrow section of Stapleton Drive, temporarily blocking the roadway.

A man who lives on Stapleton Drive, later identified as Thomas P. Willis, 47, attempted to pass though the area in his Dodge pickup. According to statements from public works employees to police, Willis exited his vehicle and immediately started cursing at the workers.

When told they'd clear the way for him to drive through, Willis allegedly reached into his truck and pulled out a "tire tool" — threatening that if they failed to do so he'd "start busting some heads."

The road was cleared and Willis passed, with workers calling police to report what had occurred. Approximately one hour later an officer was dispatched back to the location, with workers saying Willis "came back and started on them again."

An officer located Willis standing at the front door of his residence, 520 Stapleton Drive. He was reportedly "very angry" and claimed, "one of those guys came out of the ditch with a shovel."

According to the arrest record, Willis then told the officer, "You will have to kill me to take me back to jail." He also advised that what he had held in his hand during the confrontation was a stick from under his truck's seat.

Willis was taken into custody without incident, charged with aggravated assault and booked into the city jail.

Former Coeburn officer pleads guilty to sending sexual messages to teen

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GATE CITY — A former Coeburn police officer will have to register as a sex offender after pleading guilty to sending sexually explicit messages over Facebook to a then-15-year-old girl.

Edward Shane Kiser, 28, Retford Road, Coeburn, pleaded guilty Tuesday in Scott County Circuit Court to a single count of proposing a sex act by computer to a female between the age of 15 and 17.

Kiser is scheduled to be sentenced May 3 by 30th Circuit Court Judge John Kilgore.

Proposing a sex act by computer to a minor is considered a Class 5 felony and carries a maximum sentence of 10 years in prison.

The charge also requires Kiser to register as a sex offender.

Scott County Commonwealth’s Attorney Marcus McClung said Kiser used his position of power as a police officer to take advantage of those he was supposed to protect.

“He swore to protect minors when he took his oath, and he didn’t do that,” McClung said. “You’ll find that 99.9 percent of law enforcement officers are out there doing the right thing everyday, and I hope people understand that this is one individual and don’t let this tarnish the names of other officers who are putting their lives on the line.”

Virginia State Police arrested Kiser in August 2012 following a week-long investigation that began when the girl’s parents contacted Scott County authorities.

Kiser was a member of the Coeburn Police Department when he began sending the sexually explicit messages, but he resigned from the force roughly a week before being taken into custody.

McClung said his office prosecuted the case because the girl who received the messages lived in Scott County.

Authorities said Kiser met the girl last year when he was investigating a noise complaint involving juveniles at a gas station in Coeburn.

Kiser reportedly learned the girl’s identity as a result of the incident, which allowed him to identify her profile on the social networking website Facebook.

After finding her profile, Kiser used Facebook to carry on what the prosecution described as a “long conversation” in which he asked the girl to perform sexual acts with him.

A large portion of that conversation was actually carried out between Kiser and an undercover VSP special agent who had been given permission by the girl’s parents to assume control of her Facebook profile.

Kiser reportedly communicated unknowingly with the special agent for nearly a week before being arrested.

McClung said the cooperation of the girl’s parents proved crucial in moving forward with the case.

“These cases might not be the toughest to prosecute, but they are the toughest to find because there are so many of them out there,” McClung said. “So when parents, and others, are diligent and help us as they’ve done in two of these cases now, it makes it easier to get a conviction. So we appreciate the cooperation we’ve gotten with the parents, as well as the state police.”

Former Mount Carmel alderman charged with indecent exposure

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KINGSPORT — A former Mount Carmel alderman and vice mayor who was investigated on indecent exposure allegations while in office more than two years ago has been arrested by Kingsport police after a new complaint was filed.

William Lee Blakely, 30, 1031 Allison Rd., Piney Flats, is charged with one count of indecent exposure as a result of allegations made by a female motorist who claimed that he “fondled himself” and made obscene gestures while they drove beside each other on Interstate 26.

Blakely was elected Mount Carmel alderman in 2008, and was later appointed vice mayor in 2010. Blakely resigned from the Mount Carmel BMA in June of 2011 after moving to Piney Flats.

In 2010 a female motorist made an indecent exposure complaint against Blakely to Church Hill police about an alleged incident that occurred while they were driving beside each other.

According to a Kingsport Police Department report filed by Detective Terry Christian, the new alleged victim stated that around 3 p.m. Friday she was driving eastbound on I-26 between Exit 1 and Exit 10. She said a man, whom she later identified as Blakely, was driving alongside her when he began swerving and honking his horn in an attempt to gain her attention.

“She stated he was making obscene gestures toward her trying to get her to lift her shirt up,” Christian stated in his report. “She advised that the male appeared to be fondling himself. She said the male was looking directly at her and smiling as he drove. The male was positively identified from a photo lineup shown to the victim.”

Kingsport police requested that Blakely’s photo and vehicle tag number be withheld from press reports. Police said it’s not known if this was an isolated incident, and if there are more victims authorities don’t want media exposure to taint a potential lineup identification.

“These types of incidents often go unreported due to the embarrassment caused by the offender to the victim,” Christian said. “They use fear and intimidation and often there is not enough information in order to prosecute these type of crimes.”

CHPD Chief Mark Johnson confirmed Wednesday that in 2010 Blakely was the subject of a similar indecent exposure investigation there until the alleged victim declined to move forward with the prosecution to avoid embarrassment.

Mount Carmel Police Chief Mike Campbell also confirmed Wednesday that Blakely was the subject of at least two indecent exposure investigations in Mount Carmel around 2010.

Campbell said the evidence in both cases was presented to the Hawkins County Attorney General’s Office. Assistant Attorney General Alex Pearson told the Times-News Wednesday evening he recalled the investigation, but he couldn’t remember who was prosecutor in the case or why the case wasn’t prosecuted.

Anyone with more information about the most recent incident, or similar incidents, is asked to contact the KPD’s Criminal Investigations Division at (423) 229-9429.

Mount Carmel moves to align beer restrictions with liquor-by-the-drink regulations

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MOUNT CARMEL — Mount Carmel leaders will be asked to consider an ordinance lifting beer sales restrictions along the Main Street business corridor to align beer sales with newly approved liquor-by-the-drink regulations.

Restaurants are now eligible to locate on property zoned for business and sell cocktails with meals thanks to a liquor-by-the-drink referendum approved by local voters in the Nov. 6, 2012, election.

But Mount Carmel’s local beer regulations prohibit beer sales within 400 feet of a church, school or other place of public gathering.

Liquor-by-the-drink regulations don’t have those same restrictions, and those restrictions would prohibit beer sales on some property in the Main Street business corridor that are now legal for liquor by the drink.

A proposed ordinance approved by the Mount Carmel Beer Board on Tuesday would clear the way for unrestricted beer sales on property zoned B-1, B-2 or B-3 on Main Street, Inca Drive, Englewood Avenue, Belmont Avenue, Unaka Drive, Della Street and the south side of Bay Street.

Carters Valley Road, which also has business zoned property within Mount Carmel town limits, was not included in the proposed ordinance.

Local officials said there is no property on Carters Valley Road where the current 400-foot setback restriction would be applicable.

“We shouldn’t allow someone to sell liquor and not allow them to sell beer,” said Mount Carmel Building Inspector Vince Pishner, who presented the proposed ordinance to the Beer Board on Tuesday.

Mayor Larry Frost has said since before the November election that he doesn’t believe there is an adequate available property in Mount Carmel to attract a chain restaurant development. He added, however, now that Mount Carmel has liquor by the drink, its local beer regulations should be aligned with the state liquor guidelines.

“We’re trying to get restrictions off of secondary streets that we actually have zoned in the ‘B’ (business) zone,” Frost said. “If we have someone come in her to put a restaurant — which that may be a far out picture — but if we want business in here, we’ll have to step up to the plate and do what we’re supposed to do.”

The proposed ordinance was approved unanimously by the Beer Board and will be placed on the agenda for the Board of Mayor and Aldermen’s meeting next Tuesday.


Sullivan County Commission takes 'neutral position' in state's response to Affordable Care Act

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BLOUNTVILLE — The Sullivan County Commission voted overwhelmingly Tuesday in support of the county asking state lawmakers to “make decisions that do not damage hospitals, Medicare and Medicaid patients in the state.”

Sponsoring commissioners Eddie Williams and John Crawford introduced the measure during the commission’s monthly meeting and called for an immediate vote.

County Mayor Steve Godsey later took credit for prompting the resolution, which he said was crafted by attorneys for Wellmont Health System.

Godsey said he met with Wellmont officials last week and they requested the County Commission’s action on the issue.

Godsey said he had told them the county wouldn’t take sides but would be willing to ask state lawmakers to “take a look at everything” when considering Tennessee’s response to the federal Affordable Care Act.

“They wanted us to take a position,” Godsey said. “I said no.”

Godsey said he didn’t want to risk coming out contrary to Gov. Bill Haslam on the issue.

Godsey said the commission needed to vote on the resolution because the Tennessee General Assembly will likely act soon on the topic.

Godsey described the resolution as leaving the County Commission with a “neutral position.”

The resolution, in part, indicates the county requests “state lawmakers closely peruse the details of The Affordable Care Act so as not to reduce the amount of Medicare funds coming into Tennessee and its additional effects on hospitals and Medicaid patients.”

The resolution states:

• Without the expansion of Medicaid coverage in Tennessee, subsequent cuts to hospitals are unsustainable.

• The federal government would pay the full cost of the expansion for the first three years, followed by a decline in the federal share to 95 percent, 94 percent, 93 percent, and 90 percent in subsequent years.

• The cost to the state to expand coverage in Tennessee would be $199.1 million over 5.5 years — and Tennessee would receive $6.4 billion from the federal government to expand coverage.

Godsey said Wellmont has asked or will be asking all local governments to adopt similar resolutions.

Rogersville brothers appear in Hawkins court on separate charges

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ROGERSVILLE — Two Hawkins County brothers who also happen to be among Rogersville’s most prominent businessmen appeared in Hawkins County Sessions Court on Wednesday, by coincidence, on unrelated criminal charges.

Roger Dale Stewart, 60, 5281 Highway 11-W, Rogersville, waived a preliminary hearing on two counts of misdemeanor reckless endangerment to the Hawkins County grand jury before Sessions Judge J. Todd Ross.

He is charged as a result of a head-on collision that occurred on June 11, 2012, on Highway 11-W near the Trading Post and R&R Auto Sales, which he co-owns with his brother, Rick Allen Stewart, 56, 316 E. McKinney Ave., Rogersville.

Roger Stewart is accused of driving in the wrong lane on 11-W as a shortcut to get to the car lot when he hit another car head-on. A passenger in that vehicle, 84-year-old Thelma Hughes, died six weeks after the wreck, allegedly due to injuries from the wreck.

The attorney general’s office has said that the charges against Roger Stewart may be amended as a result of Hughes’ death, but that decision is now in the hands of the grand jury. Stewart was ordered to appear in Hawkins County Criminal Court on April 16, which is the next day the grand jury meets.

Following the accident, Roger Stewart was cited into court without being booked and has not been placed on bond.

Ross told Roger Stewart he can remain free with no bond needed pending the grand jury deliberations.

On Sept. 6, 2012, Rick Stewart was charged on 45 counts related to alleged improper record keeping at Rick’s Trading Post, 4785 Highway 11-W, Rogersville, and for not having a pawnbroker’s license.

Rick Stewart was scheduled for trial Wednesday, but his case was reset to March 20.

His attorney, William Phillips II, told Ross the extra time was needed to complete an application for judicial diversion, including a Tennessee Bureau of Investigation background check.

A judicial diversion is intended to give a first-time offender with a clean record a chance to have his or her record expunged by completing a term of probation.

Phillips said his client wants to be able to show he has a clean record for the purposes of negotiating with the attorney general’s office.

The Hawkins County Sheriff’s Office alleges that Stewart wasn’t maintaining proper records of pawn shop transactions at Rick’s Trading Post, some of which allegedly involved the purchase and sale of stolen property.

Rick Stewart remains free on $25,000 bond.

Church Hill ordinance regulating liquor fails

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CHURCH HILL — Their intentions may have been noble, but two Church Hill aldermen who shot down the city’s proposed liquor-by-the-drink regulating ordinance Tuesday only succeeded in costing the city any control over who gets permits.

Church Hill residents approved a referendum for liquor by the drink (LBD) in the Nov. 6, 2012, election by a vote of 1,348-1,113.

Last month, the BMA voted 5-2 in favor of the first of two required readings of its LBD regulating ordinance. In Tennessee, liquor-by-the-drink sales are regulated by the state and there is very little local option.

Among the local options included in the proposed ordinance are a $300 LBD application fee to go to Church Hill as well as an annual LBD permit fee.

The ordinance would also authorize the mayor to submit a certificate of good moral character to the state before a LBD permit could be issued. In essence, the mayor would give the state a recommendation for or against an LBD applicant before the state approves the permit.

On Tuesday, there were two aldermen absent: Tom Kern and Mark Drinnon.

Aldermen James Grigsby and B.D. Cradic, who voted against the ordinance last month, cast no votes again Tuesday, and the second reading of the ordinance failed by a vote of 3-2.

Ordinances require a majority of the full board, or a minimum of four votes, to be approved.

Grigsby and Cradic are very open about their Christian beliefs and have both stated publicly they oppose alcohol use of any kind.

“There was eleven hundred and something votes against it, plus thirteen something voted for it,” Cradic said at the end of Tuesday’s meeting. “I’d just like to recognize the eleven hundred and something who voted against it.”

City Attorney Chris Raines told the BMA Tuesday the defeat of the city’s LBD regulating ordinance will not stop LBD permits from being issued in Church Hill.

“The voters passed liquor by the drink,” Raines said. “There must be liquor by the drink in the city of Church Hill.”

Raines added, “This ordinance allows us to have some minimal regulation in the administering of the law. Voting no does not prevent the issuance of permits. We just don’t have any control over it. We receive no fees for the licenses and are still required to issue the permits to (eligible applicants).”

Mayor Dennis Deal said the ordinance was intended to protect the citizens of Church Hill.

“Due to the circumstances we didn’t have a full board tonight, so we’ll let the state take control out of our hands,” Deal added.

Raines told the five board members present Tuesday that LBD applications can now be made to the state, the mayor is not authorized to do any review of that application, and the city has no input into whether or not that entity is granted a license.

“People have to vote their conscience, and so be it,” Deal said. “What worries me is we now have no control over this. ... Now they can move close to churches, close to a school ... but now we can’t do anything.”

At the end of Tuesday’s meeting, Grigsby told the board he was asked about his feelings on LBD during his campaign for election last year.

“I told them how I feel, and I told them I’m not going to change to get your vote,” Grigsby added. “My son (CHPD Detective Kevin Grigsby) puts his life on the line every day to protect our city. I can’t support something that endangers his life. I voted the way I was raised, and I’m Christian.”

Alderman Linda Miller said voting in favor of regulating liquor by the drink doesn’t make her less of a Christian.

Cradic and Grigsby also voted down the second reading of an ordinance that would eliminate Church Hill’s beer ban on Sundays.

The intent of the ordinance was to align Church Hill’s beer sales with state LBD regulations. It would allow packaged beer to be sold in on Sundays as well.

Despite the ordinance failing, Raines said he doesn’t believe Church Hill can prevent LBD restaurants from serving beer on Sundays.

That ordinance was defeated by a vote of 3-2 as well.

Attorney appointed to oversee disbursement to Crockett bus crash victims

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A Johnson City attorney was appointed Wednesday to oversee disbursement of $700,000 in insurance money to students injured in a September bus crash.

During a brief hearing Wednesday, Washington County Circuit Court Judge Thomas Seeley Sr. named Eddie Lauderback as special master to determine how much compensation each student will receive from the county school system’s insurer.

“He’s an attorney of great ability (and) unquestioned integrity,” the judge said.

Seeley ruled Lauderback must meet with all litigants within 20 days of his appointment to discuss the case.

Read more at the Johnson City Press.

Kingsport man pleads guilty in fatal 2009 shooting

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A Kingsport man has pleaded guilty to his role in a fatal 2009 shooting on Fort Henry Drive, receiving one year in prison followed by seven years of probation.

Joshua Frye, 22, of 1668 Randich Drive, pleaded guilty to facilitation of voluntary manslaughter on Thursday morning in Blountville court. On Jan. 11 of 2009 Frye, then 18, was driving one of two vehicles involved in a Kingsport chase.

It ended near KFC on Fort Henry Drive when Frye's passenger, Christopher K. Nunley, 22, fired a Winchester .300 rifle out of the window. The shot struck and killed a an occupant in the other vehicle involved, Shawn Anders, 19, of Kingsport.

In September of last year Nunley entered Alford pleas of guilty to voluntary manslaughter and aggravated assault, both Class C felonies, in exchange for a 20-year prison sentence.

The incident revolved around a drug deal in which money was reportedly stolen.

Feds, local police round up nearly 70 in check fraud scam

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A federal investigation into fake checks allegedly passed throughout the region has spurred charges against nearly 70 people — 38 of whom reside in Kingsport — with investigators saying they fraudulently collected approximately $100,000 in cash with the scheme.

Since Wednesday morning local agencies have been assisting the Secret Service in arresting the suspects, who reside in both Northeast Tennessee and Southwest Virginia. As of 2 p.m. Thursday 49 arrests had been made, with authorities believing the final approximately 20 individuals would be apprehended shortly.

The case was made public at a Thursday afternoon press conference outside the U.S. District Courthouse in Abingdon, Va. Multiple law enforcement agencies and prosecutors were present, including Secret Service personnel and U.S. Marshals.

Authorities report the suspects were cashing fraudulent check at retailers throughout the region. U.S. Attorney for the Western District of Virginia Timothy Heaphy said the fraudulent checks were Comdata notes, typically used by truck drivers to purchase per diem items while on the road.

The fake checks allegedly displayed account numbers and names of several national trucking companies, with most cashed at Walmart locations. Suspects reportedly used their own names on the checks — and presented their own IDs to store personnel to complete the transactions.

Authorities are still investigating how the suspects worked in concert to create and obtain the fake checks, acknowledging that someone with access to the trucking companies' information may have played a part. Heaphy said the dollar amount for the fake checks were relatively small — between $100 and $500 — with the individuals now charged likely thinking the lesser amounts could fly under the radar of authorities.

"We want information about this case to serve as a warning," Heaphy said. "We want it to alert people that we are paying attention, that we will aggressively root out financial crime and punish those who commit fraud.

"Anyone out there who has intentionally passed a counterfeit check should be afraid today, very afraid."

Throughout Wednesday and Thursday the Secret Service was assisted in making arrests by multiple local police agencies, including Kingsport, Sullivan County and Wise County police.

The case began in December at the Washington County, Va. Sheriff's Office. Washington County Sheriff Fred Newman said the Walmart at Exit 7 passed an excessive amount of checks for multiple individuals in a single day, later learning the trucking companies' Comdata payments were phony.

The store then contacted police, who in turn contacted the Secret Service. Investigators said that since that time they've traced the cashing of such fake checks as far back as July.

None of the suspects have been indicted, but were apprehended on criminal complaints. They are each charged with one count of conspiracy to possess, with the intent to defraud, false and fictitious checks. Heaphy said additional charges of conspiracy are pending.

He added that local and federal authorities take all financial fraud seriously, whether the victim is an individual citizen or national retailer.

"The merchants who accepted these bad checks lost money," Heaphy said. "We will do what we can to protect victims, and the main way to do that is to prosecute those who steal."

Kingsport, Tenn., residents charged in the investigation are:

Tommy Reece Bernard, 6/30/59

Paul Eugene Bishop, 6/8/47

Randy Allen Bishop, 5/10/71

Danielle Vanessa Blakely, 8/9/94

Norman Edward Bowers Jr., 10/23/74

Samantha Leeann Collier, no DOB available

Angela Marie Collins, 9/14/76

Margaret Jewette Corder, 3/4/66

Stephanie Rose Duncan, 1/21/87

Tina Marie Elliott, 6/8/86

Kimberly Margaret Fletcher, no DOB available

Mickey Paul Fletcher, 6/24/75

David Michael Garber, no DOB available

Roy Junior Gibson, no DOB available

Jon David Gilliam, no DOB available

Teddy Ray Hammonds, 1/6/86

Nicholas Alan Hill, 6/5/92

David Allen Ingalls, 7/4/70

Angel Melvina Iuli, 9/12/77

Billy Joe Jackson, no DOB available

Darrell Everette Larkins, 8/16/62

Jeanette Cordelia Lipsett, 3/27/80

Emanuel Jose Lytel, 8/31/79

Melinda Kay Marshall, 1/20/69

Joseph Wesley McBryant, 11/8/75

Lance Eric Morrison, 6/25/70

Amanda Kay Mosley, no DOB available

Christ Jermaine Murchison, 7/10/71

Richard Wayne Necessary, 4/30/83

Heather Michelle Quiggle, 6/6/73

Randall Scott Rhoten, 7/25/69

Christina Louise Smith, 2/9/83

Daulton Lee Spellar, 5/11/94

Christopher David Sturgile, 10/6/77

Angela Marie Thombs, 1/13/82

Dustin Alexander Wallen, 4/6/92

Kevin Ray Ward, 2/9/76

Jerry Lee Williams Jr., no DOB available.

Other individuals charged are:

Joseph Elliott Adkins, 3/27/67, Weber City, Va.

Angel Diana Barry, 3/29/90, Rogersville, Tenn.

Tiffany Nicole Bowers, 9/2/94, Church Hill, Tenn.

Bobbie Joe Brown, 7/28/80, Jonesborough, Tenn.

Buren Jess Cook, no DOB available, Charlotte, N.C.

Santana Yvette Cordle, 9/1/88, Nickelsville, Va.

Lori Ann Duncan, 9/6/76, Weber City, Va.

Amanda Elizabeth Epley, 4/7/84, Bluff City, Tenn.

Geneva Farmer, 8/15/61, Church Hill, Tenn.

Theodore Roosevelt Faulkner 4th, 11/7/81, Piney Flats, Tenn.

Mitchell Edward Garvin, 8/26/88, Jonesborough, Tenn.

Angela Lynn Graham, age unavailable, Duffield, Va.

Whitley Nicole Grindstaff, age unavailable, Elizabethton, Tenn.

Terry Wayne Gunter, 1/24/66, Church Hill, Tenn.

Mark Clinton Harrell Jr., 8/9/91, Surgoinsville, Tenn.

Wiley Williams Herron, 5/19/76, Big Stone Gap, Va.

Amanda Jane Kemp, 3/26/76, Oak Ridge, Tenn.

Quinton Jamal Lowery, age unavailable, Knoxville, Tenn.

Hank Ryan Marshall, 12/18/92, Nickelsville, Va.

Jasmine Tawanda Newman, age unavailable, Knoxville Tenn.

Peggy G. Parker, 9/22/69, Abingdon, Va.

Phillip Radford Potter, 8/9/82, Roan Mountain, Tenn.

Joseph Edward Ramey, age unavailable, Gate City, Va.

Regina Elizabeth Sanico, 9/28/87, Church Hill, Tenn.

Leighton Simcox, 5/11/93, Weber City, Va.

Eric Thomas Simpson, age unavailable, Gate City, Va.

Derek Glenn Sluss, 2/17/80, Weber City, Va.

Tia Nicole Vaughan, 8/4/94, Duffield, Va.

Misty Dawn Whitaker, 6/13/79, Chuckey, Tenn.

Hawkins school burglary suspect takes plea deal

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CHURCH HILL — James Blake McFarland, 25, 186 Jones Road, Church Hill, pleaded guilty Tuesday in Hawkins County Session Court to reduced charges in connection with a burglary at Carters Valley Elementary School on Jan. 22.

McFarland was originally charged with felony burglary, but that was reduced to Class A misdemeanor aggravated criminal trespassing. He also pleaded guilty to the original charges of theft under 500, and vandalism.

Police said a witness saw McFarland walking near the school around the time of the burglary wearing clothes that matched a person caught on school surveillance video. The video wasn’t able to positively identify the burglar, however.

McFarland was sentenced to 90 days in jail, two years supervised probation, $300 in fines and costs, $500 restitution to the school, and 96 hours of community service.


Atlanta pain clinic customers arrested in Bulls Gap on drug charges

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BULLS GAP — Three people from Kingsport who had just returned from an Atlanta Pain clinic Monday with what police describe as “huge” pill prescriptions are now behind bars accused of attempting to traffic those pills.

It reportedly cost $800 Monday at the Bulls Gap Pharmacy for Kendra Deanna Wade, 39, 691 Chadwick Drive Apt. 4, Kingsport, to fill prescriptions for 120 30-miligram oxycodone and 90 15-miligram oxycodone pills. HCSO Narcotics Unit Lt. Chad Gillenwater said the street value of those pills is right at $5,000.

Richard Dion Rogers, 43, 356 Wahoo Drive, Kingsport, also received prescriptions for oxycodone, dilaudid, and percocet from the Atlanta pain clinic. Gillenwater said Rogers was unable to fill his prescriptions Monday because it hadn’t been long enough since his last refill.

Also allegedly along for the ride to Atlanta Monday was Ryan Andrew Allen, 23, also of 356 Wahoo Drive, Kingsport, who is Rogers’ stepson.
Around 6:30 p.m. Monday the HCSO Narcotics Unit received a tip that there would be a drug transaction in the parking lot of the Bulls Gap Family Dollar across Highway 11-E from the Bulls Gap Pharmacy.

Narcotics officers were at the scene and had surveillance in place within minutes of receiving the tip.

“Narcotics officers observed a black Mercedes M-Class and a Silver Honda CRV sitting together in the side parking lot of the Family Dollar,” said Sheriff Ronnie Lawson. “Numerous individuals were observed to be in and around the vehicles. Narcotics officers approached the vehicles and identified the two occupants of the Mercedes to be Wade and Allen.

“The occupants of the Honda CRV were identified as Rogers and Patricia Ann Graham.”

Wade reportedly didn’t have the $800 needed to fill her Atlanta pain clinic prescriptions at the Bulls Gap pharmacy.

Lawson said his officers learned through their investigation that Graham, 45, 1129 Birdwell Street, Kingsport was called by Rogers to provide the $800 in exchange for 80 30-miligram oxycodone pills.

The 80 pills that Graham was allegedly going to receive for $800 would have a street value of $2,400.

When deputies searched Wade’s newly filled prescriptions they allegedly found the 30-milligram bottle short 80 pills. It was later determined that the 80 pills had been placed in a plastic baggy, but had not yet been transferred to Graham.

When the suspect noticed the deputies approaching, Allen allegedly concealed the baggy with 80 pills in a body cavity.

“It was also determined that Ms. Graham had given Mr. Rogers the $800, and he and Ms. Wade had went into the Bulls Gap Pharmacy to have the Atlanta prescriptions filled,” Lawson said. “Both vehicles had then pulled across the street to Family Dollar to complete the illegal drug transaction.”

Lawson added, “During a later interview with Mr. Allen, he told narcotics officers that he had concealed the 80 oxycodone pills inside a body cavity as narcotics officers approached. Due to the high potential for a lethal overdose, Mr. Allen was immediately transported to the Hawkins County Welmont Emergency Room in order to have the pills properly extracted by a physician.”

Rogers and Graham were charged with criminal responsibility for delivery of Schedule II narcotics. Wade was charged with delivery of Schedule II narcotics. Allen was charged with possession of Schedule II narcotics with intent to deliver.Rogers’ Mercedes M-Class S.U.V. and Graham’s Honda CRV were seized by narcotics officers.

Graham was released from the Hawkins County Jail on $50,000 bond.

Rogers and Wade were arraigned Wednesday, and as of Thursday remained held in the Hawkins County Jail on a $50,000 bond each.
Allen was also arraigned Wednesday and as of Thursday remains lodged in the Hawkins County Jail on $75,000 bond.

Blotter: Man tries to fend off police with cigarette, resident gets stuck in window

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The blotter is derived from recent central dispatch records and incident reports of area police agencies.

Wise County Sheriff's Office

Feb. 8

A Big Stone Gap woman advised her brother locked himself out of his home, then attempted to make entry by crawling through a window. But he got stuck, according to the caller, and needs the fire department to come free him.

Feb. 19

A Coeburn woman claimed her ex-boyfriend was, "screaming, cussing and breaking things." Officers responded to find both individuals were calm, while the man had only broken a picture of himself.

An Appalachia woman told dispatch that a "princess" is attempting to slap her.

Sullivan County Sheriff's Office

Feb. 18

Police were notified of a 14-year-old boy on Brookside Drive, "playing with gas and a weedeater."

Officers were asked to check on a female walking along Big Ridge Road while, "yelling obscenities."

Someone called police on a pair of 10-year-olds. They allegedly refused to stop playing in a creek on property along Jonesboro Drive, which is marked as no trespassing.

Feb. 19

Police responded to an alleged assault on Gaines Street. A female relayed waking up at a neighbor's house at 7 a.m. — after being there "all night drinking" — then returning home to find her husband was mad. When she attempted to get their children and leave the residence he allegedly slapped and choked her, prompting his arrest for assault. Police also notified Child Protective Services of the incident.

A deputy responded to a domestic assault in progress in Blountville, where he was let inside by a juvenile resident. He then encountered an arguing male and female, with the man making expletive-laced demands for the officer to leave. The deputy reports telling the man that police needed to ensure everything was OK, at which point the suspect "became aggressive in his mannerisms." He allegedly grabbed the officer and a fight ensued — ending only after he was pepper sprayed and struck multiple times by the officers's baton. He was arrested and charged with assault and resisting stop or arrest.

Hawkins County Sheriff's Office

Feb. 19

Police responded to a burglary report at the Lighthouse Community Center on Caney Creek Road, where someone had broken out a window to make entry. More than $1,300 worth of items were reported stolen: cash, food, two ceramic Spanish Dancers, "a large amount of personal hygiene items."

A horse was running free along Carters Valley Road, with an individual eventually getting it tied up at the Whistle Stop Market. Police charged the owner for animals running at large.

Feb. 20

A deputy observed a driver fail to signal while turning off Highway 33 in Mooresburg. When a stop was conducted on Adams Lane, a male passenger bolted from the car and ran across an adjacent field. When ran down by the deputy the man allegedly fell on his back and kicked his feet several times, striking the officer once in the knee. Throughout the foot chase and scuffle he also held a lit cigarette in his hand, with a report saying he tried several times to burn the officer. One attempt was successful, burning the deputy on the wrist. The suspect was taken into custody and charged with assault on an officer and resisting arrest, with a check of records revealing he had active warrants in two counties.

For past entries visit the Times-News blotter page.

 

Jonesborough man who pleaded guilty to child rape gets 30 years

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A Jonesborough man will serve 30 years in prison after he pleaded guilty this week to raping a former girlfriend’s six-year-old daughter.

Josh Theall, 30, was originally charged with nine counts of rape of a child in the case, but in a plea agreement Tuesday between his attorney, Matt Bolton, and Assistant District Attorney General Erin McArdle, four counts were dismissed.

Theall entered a best interest plea, which means he didn’t admit guilt but agreed that prosecutors had sufficient evidence for a jury to find him guilty.

Read the full story on the Johnson City Press website.

Sullivan mayor calls off called meeting on sheriff's lawsuit

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BLOUNTVILLE — The called meeting has been called off.

Sullivan County Mayor Steve Godsey’s office issued a short notice Thursday canceling what had been a scheduled called meeting next week of the Sullivan County Commission.

Two days earlier, Godsey announced the called meeting would begin at 7 p.m. Feb. 25 and the purpose would be to share information with the commission about what has been going in on closed-door mediation between Godsey, Sheriff Wayne Anderson, and lawyers representing each.

The mediation is an attempt to settle the sheriff’s multimillion-dollar lawsuit seeking additional county funding Anderson said is needed to provide the level of service required by state law.

On Tuesday, both Godsey and Anderson said in public that they’ve been working together and making progress toward a resolution which will best serve the taxpaying public. Both said they would be ready to present information to the full commission on the 25th.

But Thursday afternoon Godsey’s office issued a notice that the called commission meeting is off — “due to ongoing negotiations.”

State law allows constitutional officeholders, like a sheriff, to seek court relief if they can show county funding isn’t sufficient to provide the services they are required, by law, to provide.

Anderson told county commissioners early last year that he would consider such a lawsuit if funding wasn’t increased for his department — which state law requires to include patrol, investigation, crime prevention, courtroom security, and operation of the county jail (which locally includes multiple facilities).

Last month, Godsey’s attorney for the case told commissioners if the case goes to court and the sheriff gets all the funding he’s seeking, the county’s liability could be as much as $2.4 million — and reminded them that whatever amount the court might order be added to the sheriff’s budget will be retroactive to last July 1 — and will need to be carried over in years to come.

Elderly Hawkins man accused of selling his pills

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SURGOINSVILLE — Hawkins County deputies arrested a 78-year-old Surgoinsville man Monday morning for allegedly selling part of his morphine and hydrocodone prescriptions in a local business parking lot.

The HCSO Narcotics Unit received a tip Monday that a drug transaction was taking place in the Dollar General Store parking lot on Highway 11-W in Surgoinsville.

A witness reportedly took down the vehicle description and tag number for both vehicles involved.

Among those vehicles was a maroon Ford Explorer registered to Ray Edward Testerman, 78, 117 Ridge St., Surgoinsville.

“Narcotics officers already had an ongoing and open drug distribution case on Mr. Testerman,” Lawson said. “Narcotics officers then went to Mr. Testerman’s home and made contact with him. Mr. Testerman was found to be cooperative, and he produced his prescription morphine and hydrocodone pills which were found to contain many less pills than should have been present.”

Lawson said Testerman met with a female driving a white BMW at the Dollar General parking lot that morning, at which time he allegedly “sold a large portion of his morphine and hydrocodone prescriptions to the female in the white BMW.”

Deputies recovered an unspecified amount of cash from Testerman, and also seized the remainder of his pills.

He was charged with two counts of possession of Schedule II narcotics with intent to deliver and released on $10,000 bond.

Testerman’s vehicle was also seized by narcotics officers.

Lawson added, “The female in the white BMW has been identified and the pills, which Mr. Testerman sold, have been recovered. An arrest of the female is expected within the next few days.”

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