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Board of Parole Members Say Orlando Should Be Denied Release from Prison

March 4, 2013

by: 

Dwayne Page
Split screen (Orlando) top, (Traughber), right (Montgomery) left
Christopher Nicholas Orlando

He has already served almost eleven years for the fatal shooting of a DeKalb County man, but 40 year old Christopher Nicholas Orlando may be in prison for at least another three years.

After a parole hearing Monday morning, two members of the Tennessee Board of Parole hearing the case, Chairman Charles Traughber and member Richard Montgomery voted to decline parole for Orlando at this time but to reconsider the case in three years. The file now goes to the other five parole board members, who will review it and cast their votes. Four matching votes are needed for a final decision in this case.

(PLAY VIDEO BELOW OF CHRIS ORLANDO AT MONDAY'S PAROLE HEARING)

Orlando is serving a 45 year prison sentence for facilitation of first degree murder in the death of 20 year old Joshua Murphy. Orlando is incarcerated at the Northeast Correctional Complex in Mountain City, Tennessee.

Murphy was shot and killed in a secluded area in the Laurel Hill Community at the end of Old Eagle Creek Road on Sunday, September 15, 2002. His body was discovered three days later. Officials said Orlando and a co-defendant, Melvin Turnbill suspected Murphy of stealing methamphetamine. Orlando was tried and convicted of the crime by a DeKalb County Criminal Court Jury in April, 2004.

Turnbill entered a guilty plea to facilitation to first-degree murder in September, 2003 and was given a 25-year sentence, of which he must serve at least 30 percent. Turnbill remains incarcerated at the Bledsoe County Correctional Complex in Pikeville. His parole hearing is set for April, 2014.

The parole hearing for Orlando Monday was held at the Cookeville offices of the Tennessee Board of Probation. Neither Orlando nor the state parole board members were present in Cookeville for the hearing. Traughber and Montomery communicated by video conference from other locations in the state while Orlando was connected by video from the prison where he is incarcerated. Deputy District Attorney General Gary McKenzie who was present in Cookeville, could see Traughber, Montgomery and Orlando on a television monitor and he could be seen by Traughber, Montgomery, and Orlando on a monitor from their locations. No one from the victim's family attended the hearing.

While Orlando said he was sorry for the death of Murphy during the parole hearing Monday, he denied being the triggerman in the shooting, blaming Turnbill for actually committing the murder. "I was there and I made a lot of poor decisions but I didn't shoot him," said Orlando. "Nothing justifies anyone being killed, especially over any kind of drugs. I regret every day that I've been in prison about what happened that day. Let the family know that I am truly sorry for what happened to Josh. It was a bad time in my life and in all three of our lives. We were on meth. It was a horrible thing. I'm trying to do what I can to better myself. I am truly, truly sorry for what happened. Its something that disturbs me everyday. Since I've gotten off drugs, I've seen the bad choices I've made. I know that the drug part of it itself was the main cause of it. If you by chance would let me get parole and let me prove it to the parole board, to Josh's family, and to my family that I can be a law abiding citizen, I'll do the best I can," said Orlando

(PLAY VIDEO BELOW TO SEE MORE OF THE PAROLE HEARING)

M2U01036 from dwayne page on Vimeo.

Chairman Traughber found Orlando less than forthcoming about his involvement in the crime. " You have not been forthcoming. You have been trying to evade and distance yourself as to your involvement in this crime. Its evident that you were more heavily involved in this crime than you would want us to believe," said Traughber. " The way this man was killed was very horrific. Because of that, my vote is to decline you and see you in three years. You were really involved in this crime. You wanted to distance yourself from it which does not indicate that you really accept the responsibility for your part in this crime. It was uncalled for. Murphy did not have a weapon. He was not threatening you or your co-defendant (Turnbill). To release you at this time would depreciate the seriousness of your crime or promote disrespect for the law. You are continuing to do well while you're in the department of corrections but your behavior and your criminal activity in this crime is why I cannot vote to grant you parole. That's my vote," said Traughber.

"I too agree with the chairman," said Montgomery. "You should serve more time for the seriousness of this crime. Hopefully in three years from now, you will have improved your position on your education and training to hopefully be a productive citizen when you are released, if that's the case in three years. I agree 100% that we should wait and review this case again in three years," said Montgomery.

Earlier in the hearing, Orlando recounted events that led to the shooting that September, 2002 weekend. "I had stayed at his (Turnbill's) house. Turnbill woke me up and said someone had stole his meth lab and that he had to get Josh Murphy because it was his meth lab also. It was poor judgement on my part. I got involved in it. I bought him (Turnbill) the shotgun shells. I met up with them (Turnbill and Murphy) later. They got to arguing and that's when the murder occurred." said Orlando.

"My charge partner (Turnbill) had pulled out the shotgun, loaded it and pointed it at me and Murphy," said Orlando. ‘We (Murphy and I) were standing next to each other. He (Turnbill) said I know you stole my meth lab. At the time all three of us had been doing meth. I looked at Josh and Josh looked at me. He (Turnbill) was talking out of his head. As he (Turnbill) pointed the gun and shot it, Josh and I turned around and ran. I fell down and he (Turnbill) shot Josh," said Orlando.

Gary McKenzie, Deputy District Attorney, speaking on behalf of the victim's family, said Orlando was not being candid with the board. "After 13 years of prosecuting, this is probably one of the more cold blooded cases that I've seen," said McKenzie. " The state had difficulty in proving who pulled the trigger. But that in no form or fashion lessens the responsibility of what Mr. Orlando did. What came out at trial, the facts of the case were that Mr. Turnbill and the defendant here today (Orlando) had a dispute with the victim (Murphy) over narcotics. After that dispute, Mr. Orlando went and purchased the ammunition for the shotgun that was used. The co-defendant in the case, (Turnbill), he and Orlando had agreed upon a secluded area. Turnbill brought the victim to this location where Orlando was waiting. Orlando had possession of the shotgun and ammunition, which he gave to the co-defendant, Turnbill. They went out into the woods. The evidence would have shown that at gunpoint, the victim went out into a secluded location. At this point and time the co-defendant in the case (Turnbill) pulled the shotgun on the victim (Murphy) and the victim fled. The first shot nearly blew the victim's leg off. And as that victim (Murphy) lay dying in the woods, (and would have succumbed to his injuries from the massive blow to the leg and laid there and bled out), the two individuals charged with this crime walked over to where the victim was at and shot him twice in the face with a shotgun at such close range that the wadding used in the shotgun shell that contains the pellets, was deep inside the wound and had to be removed by the Medical Examiner's office. That is the close distance at which this victim received the fatal blow. No question this victim knew it was coming, saw the shotgun in his face, and his last visions were these two individuals standing over him. After this was over with, the evidence was that these two conspired together to hide the evidence to get rid of it," said McKenzie.

"I appreciate the fact that Mr Orlando has tried to better himself but I do believe that he is not being candid about his involvement. I know of no way we can prove who pulled the trigger but certainly his involvement was not just his showing up out there. That is not what transpired at trial. Had it been, he would not be here today in front of you. He was complicit in this crime. He helped set it up. He helped lure the victim out there and he participated in the homicide and participated in covering up the homicide," said McKenzie."

"You have in front of you a man who had probation, had chance after chance, maybe too many chances and he failed. And his failure to follow the rules resulted in the death of an individual in a horrible, horrible way. This is a serious and violent offense," said McKenzie. "Maybe there's one day that he comes in here and he owns up to every part in which he played. Maybe when that day comes he deserves some consideration. I don't think its today. I speak for the victims when I say they don't think its today. That's why I'm here today and I'm asking the board to consider all those things in making a decision to deny his parole," said McKenzie.

Chairman Traughber noted that the board had received two letters in opposition to Orlando's being paroled.

Having once been addicted to methamphetamine, Orlando told the parole board members that he is now clean and sober. "Over the years I've been incarcerated, I've taken these classes (anger management, life skills, and drug classes). I've sobered up," said Orlando. "Over the last eleven years, I've never had any drug offenses. I've passed all my drug screens. I've turned my life over to the Lord. I've concentrated as much as I can on helping my family out from in here. I've realized what I've done wrong. It's something that haunts me everyday. I'm deeply sorry by the pain I've caused Josh's family for my poor judgment and what I've also caused my family because of my poor judgement. I can't describe the pain they're going through because I have a daughter and if something awful happened to my daughter I can't even imagine the pain of that," he said.

This is Orlando's second parole hearing within the last two years. Following the previous hearing on March 7, 2011, Chairman Traughber said that Orlando was declined for two years due to the seriousness of the crime. Orlando also had disciplinary problems (while in prison). The board, at that time, suggested that Orlando enroll and participate in additional programs like anger management and substance abuse and to refrain from any more disciplinary incidents.

While he had no criminal record as a juvenile, Orlando encountered problems with the law as an adult prior to the murder including arrests and convictions for drug offenses along with charges of harassment, domestic assault (later dismissed) obstruction of justice, and several traffic related offenses

Orlando, father of a 16 year old girl, said if he were paroled he would settle in Smithville with his parents, that he would find work, and try to obtain some financial assistance to further his education.

In making parole decisions, board members consider factors such as the seriousness of the offense, time served, victim input, any programs the offender may have completed or disciplinary actions against the offender while incarcerated, etc. Voting ends when four matching votes have been cast, either to parole or not to parole. It should take two weeks to get a decision finalized in this case.

The following story below is an account of the trial of Christopher Nicholas Orlando In April, 2004 as reported by WJLE at that time.

A DeKalb County Criminal Court Jury, in April 2004, found Orlando guilty in the September 2002 killing of 20 year old Joshua Lee Murphy.

Murphy's body was found on Wednesday, September 18, 2002 in a secluded area at the end of Old Eagle Creek Road on Back Bone Ridge in the Laurel Hill Community of DeKalb County.

The motorist who found the body, Larry Young, testified that he was riding down that road when he detected an odor, got out of his vehicle, discovered the body, and then left to alert authorities.

Murphy had been shot several times in the face, legs, chest, and groin by a 12 gauge shotgun. The murder apparently took place on Sunday, September 15, three days before the body was discovered.

The DeKalb County Sheriff's Department (Sheriff Lloyd Emmons administration) arrested Orlando a few days later and another man, Melvin Eugene Turnbill was picked up in Cave City, Kentucky, where authorities there found a meth lab in his pickup truck. Turnbill was eventually returned to DeKalb County to face the murder charge.

In September 2003, Turnbill, under a negotiated settlement, was sentenced to 25 years in prison after he pleaded guilty in DeKalb County Criminal Court to facilitation of first degree murder in the shooting. Under terms of the plea agreement, Turnbill agreed to testify against Orlando. Facilitation of first degree murder is a Class A felony and Turnbill must serve at least 30% of the sentence before he is eligible for parole.

Special Agent Bob Krofssik of the Tennessee Bureau of Investigation (now deceased), testified during the trial that he went to Kentucky to interview Turnbill after the murder. He said Turnbill claimed that while he was present during the shooting, it was Orlando who pulled the trigger.

He said Turnbill had been cooking some methamphetamine on Saturday, September 14 near where the murder took place and that Orlando, Murphy, and others were present. Later Turnbill apparently placed the meth and the meth lab components in his pickup truck and went to the home of his girlfriend, Robin Baker, where he and Orlando spent the night.

Krofssik said Turnbill claimed he became angry the next morning when he discovered the meth was gone and threatened to kill Murphy, who he suspected had stolen it. Orlando apparently tried to calm Turnbill down and agreed to help him find Murphy and the stolen methamphetamine.

Krofssik said Turnbill claimed he and Orlando left in Orlando's car and found Murphy at the home of James Reeves, where Murphy had gone to a party the night before. Turnbill alleged that he stayed in the car while Orlando went inside to talk to Reeves. While there, Orlando apparently found the stolen meth and then got Murphy to go back with him and Turnbill to Baker's home.

Murphy then got in Turnbill's truck and the two of them went back to the area where the meth had been cooked the night before, while Orlando got in his car and went back to the Reeves home to retrieve the stolen meth. Orlando also allegedly picked up a shotgun and went to Aaron Tippin Outdoors (no longer in business) to buy some shotgun shells.

Krofssik said Turnbill claimed that after Orlando arrived at the scene, he (Orlando) got the shotgun out of his car and handed it to Turnbill, who pointed it at Murphy and confronted him about the stolen meth. He said Murphy kept running around the truck in an attempt to hide, but that Orlando took the shotgun from Turnbill and fired twice at Murphy. He said Murphy then turned and ran toward Orlando, knocking him down. Orlando then got up and started after Murphy, shooting him again.

Krofssik said Turnbill alleged that Orlando fired all the shots but that he (Turnbill) carried the shotgun in his pickup truck to the home of Michael Ponder, where he tried to hide the weapon and destroy some of the evidence.

Orlando's attorney, Hilton Conger, contended that it was Turnbill, not Orlando, that had the motive to kill Murphy. He said it was Turnbill's meth that had been stolen, that it was Turnbill who became irate when he learned the drug was missing, that it was Turnbill's shotgun that was used in the killing, that it was Turnbill who tried to hide the weapon, and that it was Turnbill who fled to Kentucky after the murder. Conger said Orlando made no attempt to flee, having gone back home on Sunday night and then to work on Monday, prior to his arrest days later.

Kroffsik said four months after the shooting, in January, 2003 investigators found a spent shotgun shell in the backyard of Orlando's residence. Orlando's girlfriend (at the time) Melissa Farley, claimed to have thrown the shell in the yard after she found it in Orlando's clothes.

Conger questioned Krofssik as to why Turnbill's clothes, worn at the time of the shooting, were not sent to the TBI Crime Lab to be examined for blood spatter. He said if Turnbill had done the shooting and fired at close range, it's likely Murphy's blood would have gotten on Turnbill's clothes.

Krofssik responded that the presence of blood spatter would not have necessarily proven Turnbill did the shooting, only that he was at the crime scene, which Turnbill had already admitted.

Conger also pointed out that in the sworn affidavit signed by Krofssik charging Turnbill with murder, Turnbill admitted to Orlando and others that he (Turnbill) killed Murphy. Conger asked Krofssik why Turnbill was now to be believed that Orlando did the shooting, when he (Turnbill) had already confessed to the killing in that affidavit.

Krofssik admited to Conger that he didn't know for sure who pulled the trigger.

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Star Manufacturing Hosts Chili Cook-Off

March 4, 2013

by: 

Dwayne Page
Star Manufacturing Hosts Chili Cook-Off

Star Manufacturing recently hosted a Chili Cook-Off Contest for their employees.

Twenty-four entries were judged by County Mayor Mike Foster, Sheriff Patrick Ray, Smithville Mayor Jimmy Poss, and Chamber Director Suzanne Williams. After the judging, all employees were invited for lunch. Chili contest winners: 1st Place -Misty Wilson, 2nd place - Hector Caballero, 3rd place - Sheryl Cripps.

Row 1

Chamber Director Suzanne Williams, Plant Manager Anthony Brewer; Crystal Rowland, H.R. Clerk; 1st Place Winner Misty Wilson, 3rd Place Winner Sheryl Cripps; Kara Davis, H.R. Administrator; County Mayor Mike Foster

Row 2

Sheriff Patrick Ray, 2nd Place Winner Hector Caballero, Smithville Mayor Jimmy Poss

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Representative Weaver Sponsoring Student Self-Defense Legislation

March 4, 2013

by: 

Dwayne Page

A bill proposed by state Representative Terri Lynn Weaver would allow Tennessee students to fight back against bullying in schools without fear of punishment.

The Student Self-Defense bill would amend current zero-tolerance policies for fighting in schools that generally punishes any student involved in a fight no matter who initiated the confrontation. The rule calls for all parties involved in a fight to be punished equally.

(PLAY VIDEO BELOW OF STATE REPRESENTATIVE TERRI LYNN WEAVER AND STATE SENATOR MAE BEAVERS IN INTERVIEW WITH WJLE AFTER TOWN HALL MEETING FRIDAY IN SMITHVILLE)

During her "Coffee and Conversations" town hall meeting Friday, Weaver said the bill will give principals more discretion, rather than having to suspend all parties involved. "Throughout the state, not necessarily in District 40, but there has been numerous cases where a child is being beat to heck by a bully and he will not defend himself because he's either a football player or he is in some event in school and doesn't want to be suspended. Some of these cases are pretty brutal. In one case, there was this (fight) going on in a hallway (between two students) and a third (student) was standing by the locker. One of the kids in the fight wouldn't defend himself so the third student went over and started defending this kid. All three of them got suspended. I don't see justice in that," said Weaver. The current law states there is zero tolerance in our schools for this kind of activity," said Weaver.

Weaver said her bill doesn't promote violence but rather allows students to stand up for themselves without retribution. Sometimes bullies are enabled by zero-tolerance policies knowing the punishment will be the same for victims she said. "Am I promoting fighting? No. I just want the principals to be empowered to make a common sense decision because most of these principals know who these agitators are. This bill would allow principals to suspend that kid or that troublemaker and not suspend the kid who didn't want to do anything. Some of these kids have walked away (from a fight) and they are still being beat up," said Weaver.

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Man Airlifted After Sunday Crash on South Congress Boulevard

March 3, 2013

by: 

Dwayne Page
Man Airlifted After Sunday Crash (Photo by Ken Underhill)

A 36 year old McMinnville man was airlifted to Vanderbilt Hospital after a two vehicle crash Sunday afternoon on South Congress Boulevard in front of Jewel's Market.

Central dispatch received the call at 3:11 p.m.

Corporal Travis Bryant of the Smithville Police Department told WJLE that 39 year old Carol Ann Tipton of McMinnville was driving south in a 1999 Chevy Cavalier when she turned left into the path of a northbound Jeep Cherokee, driven by 19 year old Jason Michael Petre of McMinnville. Tipton was attempting to pull into the parking lot of Jewel's Market. The impact forced Tipton's car into a wooden fence by the highway.

A passenger of Tipton's car, 36 year old Christopher Daniel Gibbs of McMinnville, was trapped and had to be extricated by members of the Smithville Volunteer Fire Department. A Life Force helicopter ambulance landed in the highway near the scene to airlift Gibbs.

Petre was not injured but Tipton was taken by DeKalb EMS to the hospital.

According to Corporal Bryant, Tipton was cited for improper turn and violation of the financial responsibility law (no insurance)

Corporal Bryant was assisted at the scene by Captain Steven Leffew of the Smithville Police Department and Constable Johnny King.

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Legal Community Urges State Lawmakers to Oppose Judicial Redistricting

March 2, 2013

by: 

Dwayne Page

Local attorneys, judges, court clerks and others who work in the judicial system Friday morning met with State Representative Terri Lynn Weaver and State Senator Mae Beavers during a town hall meeting urging them to vote against a proposed judicial redistricting plan that would make DeKalb County part of a new eight county district.

"We don't think there is a problem," said General Sessions and Juvenile Court Judge Bratten Cook, II who is president of the DeKalb County Bar.

(Play Videos Below)


The proposal to move DeKalb County from the current makeup of the 13th Judicial District to a new district is among options being considered by the Republican leadership in the Tennessee General Assembly, particularly Lieutenant Governor Ron Ramsey. But both State Representative Weaver and State Senator Beavers said they don't know yet what the final proposal will be for lawmakers to consider. "I've not heard from Mr. Ramsey yet. I've asked for an appointment but I haven't gotten one yet," said Representative Weaver. "I'm still pursing that. But as soon as I sit down and listen to the story then I will consider both sides and get back with you and give you my decision. But right now I'm not for it," she said.

"I'm very concerned about access to justice," said Representative Weaver. "I am also concerned about the children of this state. I'm concerned about what happens to kids in child cases and if
redistricting is going to destroy those relationships. That's my priority. Because for some kids these caseworkers is all they have," said Representative Weaver.

Judge Cook said while judicial redistricting has not occurred in nearly thirty years, judgeships have been created across the state to meet needs in specific areas. "I just got back this week from our General Sessions Judges Conference in Nashville where Chief Justice of the Tennessee Supreme Court Gary Wade explained that under the current system and the way we do it now based on weighted caseload, if there is a particular area that needs a new judge then that's where the judge goes. He said since 1984 there has been 31 new judgeships created to fill those spots across the state that need it without having to go in and start carving up districts. That has worked well. Plus, the legislature paid about $250,000 to get a study done just four years ago that says the way we're doing it now is working fine," said Judge Cook.

In addition to the fact that it is not needed, Judge Cook said redistricting could create more hardship in terms of travel for litigants. The proposed new district would stretch from Macon County to Coffee County. "The farthest we have to drive right now is Livingston. I can be there in 55 minutes. " I hardly ever have to though because the judges come to DeKalb County often enough that we don't have to go there. But look at the litigants who would have to drive from Macon or Trousdale County almost all the way to Alabama and there is no easy way to get there," said Judge Cook.

Representative Weaver said a judge from another district recently expressed to her support for redistricting suggesting it might get more prisoners through the system quicker and save the state money. Judge David Patterson disputed that claim. "Public defenders, judges, and district attorneys move cases along as quickly as they can. It cannot be done any quicker by redistricting. It will not make things happen faster," he said.

"One of the things that has concerned all of us is the way this has been handled," said attorney Hilton Conger. "Nobody heard about it. I think it was leaked out about three months ago. You (Weaver) have not even seen a fiscal note on it," said Conger.

Since the proposal was revealed, Lieutenant Governor Ramsey has requested input from others on alternative redistricting plans, but Conger asked why submit a plan when none is needed? "When he says we want to see what your plan is, our plan is leave it just like it is. The Lieutenant Governor had said I want input by today (March 1). Now he has moved it up to next Friday. He says send me a proposal. Our concern is if we don't propose something, it may be taken as acquiescence in his plan. We don't think there is a problem so the message we need from you as our representative to get to him (Lieutenant Governor) is just because you haven't heard from these folks presenting some plan doesn't mean they are in favor of your plan because we are not," said Conger.

Representative Weaver and Senator Beavers said they understand the concerns of the legal community and will express them to the Lieutenant Governor and the sponsors of the Judicial redistricting legislation. "We have to look at the big picture. We haven't really seen the bill yet. We haven't heard all the pros and cons. We've heard some pros and cons from the locals here in DeKalb County today. We will take everything into consideration before we vote to make sure we cast our vote the right way," said Senator Beavers.

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DA Says DTC's Craig Gates Not Under Investigation for Extortion

March 1, 2013

by: 

Dwayne Page
Randy York
Craig Gates

The District Attorney General's Office is not conducting an extortion investigation in connection with allegations made by two former employees of DTC Communications who have brought a wrongful termination federal lawsuit against the company and it's CEO Craig Gates.

In an interview with WJLE Friday, Randy York, District Attorney General for the 13th Judicial District, said that "an attorney for one of the plaintiff's had contacted the district attorney general's office and asked that we open an investigation. He had some material he wanted me to look at. I reviewed the material and I did not see a violation of our criminal statutes and did not authorize an investigation," said York.

As WJLE reported earlier this week, Claiming they were the victims of a scheme to get rid of them and others, James A Vaden of Carthage and Kevin C. Young of Smithville, the two former DTC employees, filed a federal court lawsuit against DTC Communications and Craig Gates in November claiming they were the victims of extortion and wrongful termination. Vaden and Young contend that the defendants, DTC and Gates, wrongfully interfered with their employee benefits and improperly denied them their severance benefits.

Attorneys for Vaden and Young included in the lawsuit that "As of the date of filing this Complaint, investigators in the 13th and 15th Judicial Districts are exploring criminal charges of extortion against Gates based on his actions leading up to Vaden's and Young's termination, focusing in particular on the specifics of the Agreement of Suspension".

Again, York said neither Gates nor DTC Communications is under investigation for extortion by his office.
The dismissal of both Vaden and Young apparently was the result of a probe into allegations that a group of DTC employees had participated in a scheme to sell copper cable owned by the company for their own benefit. Vaden and Young claim they did not participate in such a scheme.

Gates and DTC Communications have answered the lawsuit, denying the allegations made by Vaden and Young.

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Dewaine Jennings Receives Trooper of Year Honor in Cookeville District

March 1, 2013
Dewaine Jennings Receives Trooper of Year Honor in Cookeville District

Trooper Dewaine Jennings of the Tennessee Highway Patrol, for the second time in four years, has been named Trooper of the Year for the Cookeville District.

Jennings, a resident of Smithville, was among twelve members of the THP who were honored as Troopers of the Year for their individual districts during a special ceremony held Thursday evening in Murfreesboro.

The overall 2012 Trooper of the Year for the state is Trooper Nathan W. Hall in the Fall Branch District that includes Sullivan County. In addition to Trooper Hall's statewide recognition, State Troopers in each of the THP's districts received district Trooper of the Year honors. Awards were also given to the Investigator of the Year and Interdiction Trooper of the Year, while 10 troopers were recognized for their DUI enforcement.

"Each award recipient has shown their dedication to public service and to the safety and security of the state of Tennessee by their extraordinary accomplishments," Safety and Homeland Security Commissioner Bill Gibbons said. "It's an honor to recognize them for their service tonight and to honor their sacrifice year-round." Trooper Hall earned the honor after preventing a possible suicide attempt by a juvenile last December in Sullivan County.

"Trooper Hall is a great example of what is expected of a Tennessee State Trooper. He's professional, courageous, works hard and has a positive attitude. His actions on the night of December 16, 2012 were nothing short of heroic. Trooper Hall is an outstanding representative of our agency and deserves the Trooper of the Year recognition," Colonel Tracy Trott said.

Trooper Jennings was named the 2012 Trooper of the Year in the THP's Cookeville District after looking beyond the ticket on a traffic stop made on August 25, 2012. Trooper Jennings stopped a vehicle for speeding and upon contact with the two occupants noticed suspicious behavior. He then ran a validation check on the 19-year old driver and discovered he had an outstanding warrant for statutory rape. Trooper Jennings detained the driver and began questioning his female passenger. It was discovered that the female passenger was 13-years old and was the girlfriend of the male driver. Trooper Jennings contacted the girls' mother and transported the two to the DeKalb County Sheriff's Office for further investigation. It was later revealed that the 13-year old female had been raped by an older adult and the mother had been advised to keep her away from older men. The boyfriend admitted to a sexual relationship with the female juvenile, and her mother admitted to being aware of the relationship. Both the 19-year old male and the juvenile's mother were arrested. Trooper Jennings thorough investigation in this case resulted in the discovery of a crime. Additionally, his trooper activity ranks second in the district with 23 DUI arrests and second in total citations with 837.

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Tonya Hattaway Named THP Dispatcher of the Year

March 1, 2013
Tonya Hattaway of Smithville Named THP 2012 Dispatcher of the Year

The Tennessee Highway Patrol (THP) named Tonya Hattaway of Smithville as the 2012 Dispatcher of the Year at a special award ceremony held Thursday evening in Murfreesboro. Hattaway, who is assigned to the THP’s Cookeville District, earned the honor for an incident last February in which she helped find a woman who was thought to be harmful to herself and sent a trooper to the woman’s aide.

“Hattaway always goes the extra mile for the safety of her colleagues and the public. She strives to go above and beyond in every situation and lives have been saved because of it,” Colonel Tracy Trott said.

Tonya Hattaway earned the THP Dispatcher of the Year honor for preventing a possible suicide attempt in February 2012 after she received a call from a distressed woman who believed a loved one was traveling by car to Crossville with intentions of taking her own life. Hattaway requested the troubled woman’s cell phone number and contacted her several times to establish her location. Hattaway spent three hours trying to locate the woman. Once she did, Hattaway dispatched a trooper to her location; the trooper made contact and transported the woman to a hospital where she could receive help. Hattaway was also instrumental in the arrest of a child predator in Dekalb County. Hattaway and the trooper she was assisting looked beyond a “normal traffic stop” and determined the driver, who had a teenage girl with him, was wanted for child molestation in another county.

In addition to Hattaway’s statewide recognition, dispatchers in each of the THP’s districts received district Dispatcher of the Year honors.

“The THP dispatchers are unsung heroes, the ones who keep in constant contact with all troopers to help ensure their safety and the safety of the public,” Safety and Homeland Security Commissioner Bill Gibbons said. “They are an absolute vital part of the Highway Patrol and share the title of ‘Tennessee’s Finest,’” Gibbons added.

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Lawsuit Against Election Commissions Expected to be Dismissed

February 28, 2013

by: 

Dwayne Page
John Harris, III

A federal judge is expected to dismiss a lawsuit filed against the DeKalb County Election Commission and several others in Tennessee brought by former administrators of elections in 2009 who claim they did not get to keep their jobs for political reasons.

In an order filed last week, U.S. District Judge Kevin H. Sharp found that "the position of county administrator of elections is a political position, subject to patronage dismissal."

The case now goes to Magistrate Judge Joe Brown for further review in light of the court's ruling. "The judge's ruling is limited to this party affiliation issue and he has sent the case back to the Magistrate Judge, it appears to decide whether or not there is anything else that needs to be addressed. If not, we expect to see a final order dismissing the case in favor of the election commissions and when that happens the plaintiffs will have a window of time to appeal the court's ruling or portions of it to the sixth circuit court of appeals" said Nashville Attorney John Harris, III, who represents the DeKalb County Election Commission in this case.

Former DeKalb County Election Administrator Lisa Peterson and the other former administrators filed the lawsuit in July 2009 against the defendant county election commissions, claiming that their First and Fourteenth Amendment rights were violated when they were removed from their jobs because of their actual, or perceived, political party association. The former administrators asked the court to order their reinstatement, or in the alternative, order that they receive front pay for a reasonable amount of time. They wanted full back pay and a judgment for compensatory damages and punitive damages and an award for reasonable attorneys fees. Locally, the lawsuit named as defendants the three Republicans on the DeKalb County Election Commission James Dean, Walteen Parker, and Barbara Vanatta.

"The main thrust of the case was that these democratic administrators of elections who were replaced or thought they were being replaced in 2009 all sued claiming that they could not be terminated because of party affiliation being democrats," said Harris in a telephone interview with WJLE. "But this month the federal district judge who has the case issued a ruling that the position of administrator of elections under Tennessee law is one that has sufficient political discretion so that federal law would allow individuals holding that office to be terminated based on no reason other than political party affiliation," said Harris. "We're not saying that's necessarily what happened to Mrs. Peterson, but the court has found that even if that's why she was not reappointed that this would be allowable under federal law because of the political involvement of that specific office in making decisions," said Harris. "According to the court, because of the political discretion of that office it would be permissible for an election commission to either refuse to hire or to refuse to appoint or even to terminate someone based on nothing more than party affiliation," according to Harris.

The defendants' first legal victory in the case came in December, 2010 when U.S. District Judge Thomas Wiseman found that the Republican election commissioners named in the lawsuit in DeKalb and other counties were not subject to liability for monetary damages sought, in either their official or individual capacities as "state actors" or state officials. After Wiseman's ruling, attorneys for the former administrators or plaintiffs filed an appeal to the U.S. 6th Circuit Court of Appeals but the appeal was later dismissed as premature, meaning that more proceedings must have been held at the trial court level before an appeal could be considered at the appellate level.

A Chancery Court lawsuit against the Republicans on the local election commission, filed by Peterson in 2009 prior to the federal lawsuit, was also recently dismissed according to Harris. "This was a case alleging that back in 2009 the election commission violated the Open Meetings Act. But after we got through the discovery phase, taking depositions Mrs. Peterson's attorney voluntarily dismissed that claim," he said.

In the Chancery Court action, Peterson contended that the Republican controlled election commission had violated the Open Meetings Act, State law, and the Constitution of the State of Tennessee "by a majority of its members' meeting, communicating, and deliberating in private, secretly deciding and agreeing to terminate her employment, and secretly deciding and agreeing to appoint a Republican to the position of administrator of elections prior to the April 24th, 2009 public meeting of the commission."

For decades, the local election commission had been controlled by Democrats. But when Republicans came to power in the state legislature in 2009, they also took control of the Tennessee election commission as well as county election commissions across the state

On April 24, 2009, the five member DeKalb County Election Commission, made up of three Republicans and two Democrats met to re-organize and to appoint an administrator of elections. Peterson, a Democrat who had been administrator for DeKalb County since 1998, did not receive enough votes to get reappointed. The vote was 2 to 2 along party lines with the Republican Chairman Walteen Parker opting not to vote. The commission then voted 3 to 2 along party lines to appoint Dennis Stanley, a Republican, to the position.

Chairman Parker explained during the April 2009 meeting that since the administrator position was "open" with a new election commission, Peterson was not being fired, just not re-hired. She added that the administrator serves at the pleasure of the election commission. " I don't look at this as a dismissal, but simply as not a re-hire. The position was open with the new commission and therefore the commission has spoken for Mr. (Dennis) Stanley," said Chairman Parker.

She also denied assertions, during the meeting, that the Republican majority violated the open meetings law. "I would like to go on record as saying there have not been any secret meetings among anybody about what is going on," said Chairman Parker.

Peterson and the other former administrators who filed the federal lawsuit have been represented by attorneys, W. Gary Blackburn and John Ray Clemmons of Blackburn & McCune, PPLC in Nashville.

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DeKalb County Habitat For Humanity Names Officers and Board Members

February 28, 2013
2013 DeKalb County Habitat for Humanity Board

The DeKalb County Habitat for Humanity held their annual meeting at Evins Mill in Smithville in January

The newly elected Officers for 2013 are: President, Nolan Turner; Vice President, Chad Driver; Secretary, Gayla Hendrix; and Treasurer, Brenda Hooper.

Joining the Board as new members for a two year term are: Michael Barry, Chad Driver, and Joy Parker.

Other Board Members are: John Carpenter, Pam Restrepo, Arthur Primrose, Larry Steffee, Mary Nell Summers, Cindy Webb, Lisa Garrison, Larry Green, Rob Willingham, and Hearon Puckett.

Former Board members who continue to serve as committee chairs are: Sharon Evans, Tecia Puckett Pryor, Tom Janney, Glenda Davis, Gary Johnson, John Quintero, Kay Quintero, Kim Wheeler, Laura Stone, Nancy Lewis, and Marie Blair.

Leaving the Board as retiring members this year are: Jerry Scott, who has served since 2011, Laura Stone, who has served since 2007, and Nancy Lewis, who has served since 2003, and has served as Secretary for many years.

The DeKalb County Habitat for Humanity is nearing the completion of their fourth partner family house, which is located on Hays Street in Smithville. Plans for 2013 include: the completion of the fourth house; raising money to begin work on a fifth house; selecting and purchasing lots for future houses; and beginning the selection process of a partner family and an alternate partner family.

Funding for these projects comes from grants, fundraising projects, which include our annual fundraising events, The Fiddler 5K and the Chili Cook-Off.

The Fiddler 5K, takes place this year on July 6, 2013, (the Saturday morning of the Jamboree). Registration is currently available on the website at www.fiddler5k.com. The Annual Chili Cook-Off takes place in the fall (date to be announced), at the 303 Building on the square in Smithville.

Everyone is encouraged to continue supporting the DeKalb County Habitat through volunteering and fundraising events, to ensure continued success. If anyone would like to know more about how to volunteer, please contact any of the board members.

(2013 DeKalb County Habitat for Humanity Board Photo- Front Row (left to right) – Arthur Primrose, Michael Barry, Cindy Webb, Nolan Turner, Mary Nell Summers, and Lisa Garrison.

Back Row (left to right) – John Carpenter, Larry Green, Rob Willingham, Chad Driver, Gayla Hendrix, Joy Parker, and Brenda Hooper.

Not Pictured: Hearon Puckett, Pam Restrepo, and Larry Steffee)

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