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Shannon Casas | Editor in Chief
770-718-3417 | news@gainesvilletimes.com
The Times, Gainesville, Georgia
★ Tuesday, December 11,2018
OUR REGION
Del Taco set to open New Year’s Day
BY KELSEY RICHARDSON
krichardson@gainesvilletimes.com
You can celebrate the new year
in Gainesville by indulging in a
selection of Mexican-American
food at Del Taco.
Located in the North Lake
Square shopping center off of
Dawsonville Highway, the fast-
food restaurant will hold its grand
opening on Jan. 1.
Boasting an affordable menu,
Del Taco serves Mexican clas
sics like burritos and tacos, and
American bites like burgers and
chili Cheddar fries.
John Lisenbey, the assistant
general manager, said the Gaines
ville restaurant plans to hire 55
employees. They will begin their
training Dec. 12 under Donna
Calvono, who works at Del Taco’s
corporate office in Lake Forest,
California.
Originally housing a Polio Trop
ical, renovations on the building
for the new Del Taco began last
October. Lisenby said the restau
rant is the first out of seven Del
Taco franchises that will soon pop
up in Northeast Georgia.
While Bilal Siddiqi, the res
taurant’s owner, is aware of
surrounding taco-making com
petitors, he said Del Taco will
hold its own by maintaining fair
prices and a family-friendly
environment.
“Our goal is to create a welcom
ing atmosphere for the employees
and customers,” Siddiqi said.
Del Taco will keep its doors
open from 10 a.m. to midnight,
every day of the week.
Bilal “Bill” Siddiqi,
owner of the new Del
Taco on Dawsonville
Highway, and
employee Tracey
Knight put together
a food processor
Monday, Dec., 10,
2018, at the eateryin
the North Lake Square
shopping center. The
restaurant will hold its
grand opening Jan. 1.
SCOn ROGERS
The Times
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1 1
Train derails west of Gillsville
Photos by SCOTT ROGERS The Times
A Norfolk Southern train derailed Sunday night along Allen Lane west of Gillsville. Multiple bi- and tri-level
cargo cars were derailed, but no one was injured and no hazardous materials were released in the incident
according to Hall County Fire Services.
Engine, train cars left tracks Sunday night
A train derailed Sunday night in
northeast Hall County.
No one was injured and no haz
ardous materials were released
in the incident reported at about
8:40 p.m. Dec. 9 west of Gillsville,
according to Hall County Fire
Services.
Multiple bi- and tri-level cargo
cars were derailed.The fire
department cleared the scene.
“Norfolk Southern has
retained control (of) the inci
dent and will be working to
mitigate the issue,” Capt. Zach
ary Brackett wrote in an email
Sunday night.
Brackett said Monday that the
train cars were empty when they
derailed. The cars were designed
to carry vehicles, he said.
Norfolk Southern did not
respond to requests for comment.
Megan Reed
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Crews from Norfolk Southern and Hulcher Services work the scene of
a train derailment Monday, Dec. 10, along Allen Lane west of Gillsville.
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Crews from Norfolk Southern and Hulcher Services
attempt to get a train engine wheel back on the track
Monday, Dec. 10.
Crews from Norfolk Southern and Hulcher Services
work the scene of a train derailment Monday.
SUPREME COURT
Attorney argues
against client’s
promised plea
BY NICK WATSON
nwatson@gainesvilletimes.com
An attorney for a man convicted of DUI in Hall County argued
to the Georgia Supreme Court Monday, Dec. 10, his client’s prior
agreement to plead guilty was akin to a formal guilty plea and
should not have been allowed as evidence at trial.
Bob Chestney argued on behalf of Gregory Claude Adams, who
was found guilty in May 2017 of DUI, following too closely and
failure to maintain lane.
When Adams was pulled over in July 2016, he refused to take
the blood test but gave a “formal written ‘stipulation’ that he would
enter a guilty plea to the DUI charge,” according to the Georgia
Supreme Court’s summary of the case.
Chestney is appealing the Court of Appeals ruling on the case.
“The trial court did not address the value, the need for the evi
dence by the state, which is a critical element in determining pro
bative value, so the Court of Appeals could have simply and should
have simply remanded the case,” Chestney said.
During his oral argument, Hall County assistant solicitor Brian
Heck argued the trial court had weighed the evidence before
admitting it.
Heck also said Adams’ trial counsel did not object to the evi
dence, which waived the issue on its appeal.
“The Court of Appeals could have made a determination that
the trial court did do a balancing test and did it somewhat prop
erly, didn’t allow in evidence it shouldn’t have allowed in evi
dence,” Heck said.
Heck argued the stipulation to plead guilty, which halted the
administrative proceeding on suspending Adams’ license, was
“relevant to the fact of whether or not (Adams) believed that he
was under the influence of alcohol on the date of his arrest.”
A Georgia State Patrol trooper smelled alcohol and saw Gregory
Claude Adams’ eyes were bloodshot when he encountered him
July 2, 2016, according to the Georgia Supreme Court’s summary
of the case.
Adams’ car had hit an embankment after he swerved to avoid
another car that had stopped to turn left.
The trooper arrested Adams for DUI and read him the Geor
gia implied consent notice about submitting to a chemical test for
inebriation.
Adams later decided to plead not guilty and head to trial.
“The trial court in entering its ruling on the admissibility of this
prior act entered this ruling prior to trial,” Chestney said.
While hearing the arguments, Presiding Justice David Nah-
mias asked “where do we get the authority to exclude evidence
on some basis other than the Constitution or the rules of evidence
or a statute.”
Chestney compared it to a formal guilty plea, which a person
has the right to revoke without it being used against him.
The justices will issue a ruling, which may be released weeks or
months after Monday’s oral arguments.
Boleman named interim head of
Oakwood Elementary School
Jeremy Boleman was approved as interim principal at Oakwood
Elementary by the Hall County Board of Education on Monday, Dec.
10.
Boleman, a 2002 graduate of Johnson High
School, currently serves as assistant principal at
the school. He starts immediately in the new role
and replaces Dana Magill.
Boleman began his career in education in August
2007 as a physical education teacher at McEver
Elementary School.
In July of 2013, he moved into education leader
ship as assistant principal at Flowery Branch Ele
mentary, later transferring to the same position at
Oakwood.
Boleman holds a master’s degree in education from the University
of North Georgia, and in 2016, he added a specialist in leadership
from Valdosta State University.
Joshua Silavent
STOP
■ Continued from 1A
around 8 p.m. Saturday,
July 7, at Davis and Dorsey
streets for an illegal U-tum
and because the occupants
were not wearing seat-
belts, Sgt. Kevin Holbrook
previously told The Times.
The driver got out of the
car and was answering
questions from police
when Mata jumped into
the front seat.
“(Garcia) then put the
car in drive while the offi
cer was partially inside
the vehicle, and (Garcia)
punched the gas,” Hol
brook previously told The
Times.
The officers involved
suffered minor injuries.
During the hearing
Monday, Assistant District
Attorney Laura Lukert
played police camera foot
age of the traffic stop.
The officers were seen
trying to jump over to
the driver’s side of the
car when the car starts
to move away from the
camera.
“It’s just a sad situation
all around, and given the
charges that he pled to,
that was the minimum
sentence the judge could
impose on him,” Csider
said.
Mata was accused of
three counts of kidnapping
for the other people in his
car who couldn’t exit the
vehicle before he drove
from the scene.
He received five years
to serve in custody for
the obstruction of an
officer charges and 10
years in custody for the
kidnapping.
ASSAULT
■ Continued from 1A
among others — were merged
for the purpose of sentencing.
Deal also admonished Frick
for his actions that went through
residential areas and two-lane
streets that put others at risk.
A representative from Palm
House Recovery Center said
Frick has been doing well with
the program in Athens.
Frick’s attorney Trey Hicks
did not return a request for
comment.
As special conditions of his
sentence, Frick is ordered to
pay $2,617 in restitution to the
Department of Public Safety.
He must also attend two 12-Step
addiction recovery meetings, or
an equivalent, per week for 11
years.
ROADS
■ Continued from 1A
Brenau University’s Gaines
ville campus will open at 10:30
a.m. Tuesday to account for the
potential for ice, according to an
announcement from the school.
Likewise, University of North
Georgia campuses will open at 10
a.m. Tuesday.
The Georgia Department of
Transportation began brining the
roads Monday morning throughout
Hall County.
Katie Strickland, district spokes
woman for the GDOT in North
east Georgia, said the department
is treating roads in 21 counties
throughout Northeast Georgia.
The department is focusing on
interstates, bridges and other types
of overpasses, which often are the
first surfaces to freeze. Drivers
should be cautious in areas that
could collect rainwater.
In addition to the GDOT, the
Gainesville Public Works Depart
ment planned to assess and treat
local streets beginning at 4 a.m.
Gainesville and the Hall County
Emergency Management Agency
are working together to spot any
problems caused by the weather.
“The Gainesville Police Depart
ment and Fire Department have
personnel and equipment ready to
address the needs of the commu
nity during the weather event,” the
city of Gainesville said in the press
release. “As always, we encourage
everyone to use caution when the
potential for ice occurs.”
Gov. Nathan Deal announced on
Monday that the opening of state
government would be delayed
until 10 a.m.
“Our top priorities are to ensure
the safety of Georgians and to
allow the Georgia Department
of Transportation to keep our
roads as safe as possible,” Deal
said in a press release Monday. “I
encourage those in affected areas
to remain off of the roads early
tomorrow morning. We will con
tinue monitoring the weather and
will provide updates as necessary.”