Newspaper Page Text
10-A
. The Summerville News, Thursday, February 17, 1994
Grand Jury Presentments
IN THE SUPERIOR COURT
OF CHATTOOGA COUNTY
STATE OF GEORGIA
GRAND JURY
PRESENTMENTS
FEBRUARY TERM, 1994
TO: THE HONORABLE JON
B. WOOD, JUDGE OF THE
SUPERIOR COURT, CHAT
TOOGA COUNTY, LOOK
ouT MOUNTAIN
JUDICIAL CIRCUIT:
We, the members of the
Grand Ju% of Chattooga
Sugerior ourt for the
February Term, 1994, respect
fully make the following
presentments an
recommendations:
During the present term of
the Grand Jury, there was
evidence considered on 86 Bills
of Indictments. Of these, we
found 77 True Bills and 9 No
Bills.
Let it be known, that we,
the Grand Jury, only assess
whether there exists an ade
quate basis for bringing a
criminal charge and do not
determine the guilt or in
nocence of any accused. We
have a sworn duty to secretly
consider and make present
ments of all offenses that come
to our knowledge. All present
ments were made without
regard to fear, favor, affection
or reward.
We inspected the following
county property, and make the
following findings and
recommendations:
CHATTOOGA COUNTY
SHERIFF'S DEPARTMENT:
We commend the Sheriff’s
Department on the courtesy
shown to the Grand Jury dur
ing the inspection of the Jail
and Sheriff’s Office. We strong
ly recommend the generator be
repaired at the Jail.
COURTHOUSE: The trim
and gutters of the exterior of
the courthouse are in need of
repair and painting. Ceiling
repairs need to be made inside.
CLERK’S OFFICE: We
suggest that ceiling fans be in
stalfed in order to divert heat
to the floor area.
PROBATE OFFICE: More
space is needed in the file room.
A computer system is a recom
mendation to satisfy this need.
REGISTRAR’S OFFICE:
A computer is needed for
record keeping as recommend
ed by previous Grand Juries.
JUDGE LOGGINS' OF
FICE: As previously recom
mended, the roof leak needs to
be repaired and the damaged
ceiling tile needs replacing.
JUDGE CONNELLY’S
OFFICE: We recommend the
cariet be replaced and the
bathroom modernized.
COURTROOM: The edges
of the carpet need to be
repaired so they do not stand
up and create a hazard.
GRAND JURY ROOM:
We recommend there be suffi
cient and comfortable seating
s
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for all jurors. The ceiling is in
need oi reggr
COURTHOUSE ANNEX:
As previously recommended,
additional room is needed for
files and microfilming is recom
mended to save sggoe
TAX COMMISSIONER'S
OFFICE: It appears no pro
gress has been made in repair
ing the front door.
TAX ASSESSOR'S OF
FICE: We would continue to
recommend smoke detectors be
installed in back offices and an
additional fire extinguisher.
D.A. DRUG DIVISION
OFFICE: As previousllf recom
mended, the ceiling tiles need
replacing due to water damage
from roof leak.
AMBULANCE SERVICE:
We recommend more storage
space for records and equip
ment. Living space is inade
?uate. We understand a new
acility has been obtained from
the (vyeorgia National Guard
and preparations should be
made to expedite the move to
this facility.
HEALTH DEPART
MENT: We found this deimrt
ment to be exceptionally clean.
There were roof leaks
throughout the building
creating floor hazards and re
quiring employees to protect
computers with plastic. It is
our understanding that an ex
pansion of this facility is being
gianned and we recommend it
pursued as soon as é)ossible.
NUTRITION CENTER:
This center was closed at the
time of our visit. We found
there was no sign to identify
the facility.
CHATTOOGA COUNTY
HIGH SCHOOL: We recom
mend renovation of the older
section of the school. This in
cludes replacement of broken
tiles in the floor, repairing roof
leaks, and re’{alacing stained
ceiling tiles. The band room
needs to be expanded to accom
modate the extra band and
chorus students. We commend
the Child Care Program and
the School Nurse Program the
school has started.
SUMMERVILLE MID
DLE SCHOOL: We recom
mend the driveway to the
school be repaired. The
restrooms near the entrance of
the school need completing. It
is further our recommendation
the awnings at the entrance of
the school be repaired and the
remaining ones be ineff)ected
and repaired as needed. It is
our strong recommendation
that a fence be installed around
the electrical transformer out
side the a'm An inspection for
structural damage to the gym
floor is needed and it is in need
of refinishing.
MENLO SCHOOL: We
found the rooms, halls,
bathrooms, lunchroom, gym
and offices to be clean and
sanitary. The followigg are
repairs that are needed and
Third DUI Conviction
Tommy E. Almond
Address: Rt. 2, Box 365 GG
Summerville, Ga. 30747
Date of Arrest: 1-2-94
Time of Arrest: 1:10 a.m.
Place of Arrest: Shorter
Ave. Rome, Ga. 30165
Disposition: Guilty/
$1,207.50 or 6
Months and 12 Months
Probation
Date: 2-10-94
Rome Municipal
Court
some require immediate atten
tion: (1) north wall of gym is
sa.sging (2) flooring on north
end is buckled and is weak
when walking on it; (3) a pole
in gym needs reglacing (4) roof
on vocational building needs
repairing (5) some ceiling tiles
in lunchroom building need to
be replaced (6) repairs need to
be made to prevent tar leaks
through the ceiling in the cook
ing area (7) better ventilation is
needed in the cannery buildinfi
to prevent unpleasant odor an
new carpet is needed (8) bigger
.and more adequate cooler and
storage area is needed and
repair or replacement of cooler
is recommended due to cooler
condensing and producing wet
cold instead of dry cold (Qfiarge
hole in girls’ bathroom wall
needs reflairing.c
LYERLY SCHOOL: The
school is clean and sanitary.
More sgace is needed in the
librarK ue to the fact that on
ly a half of an average size
classroom can occuqy it at one
time. We found the lunchroom
to be surprisingly small and in
adeguate for the number of
students at the school. The
playground is small and’
unappealing.
SUMMERVILLE ELE
MENTARY SCHOOL: The
school is in very good condi
tion. A gym is needed at this
school.
NORTH SUMMERVILLE
ELEMENTARY SCHOOL:
The school is in desperate need
of roof repairs throughout the
building. New ceiling panels
are needed because of water
damage. Boiler pipes in the
classrooms need wrapping. The
classrooms have inadequate
lightini. The inside needs pain
ting. The entrance walkway to
the building is in need of re;l;‘:air.
PENNVILLE ELEMEN
TARY SCHOOL: The
wheelchair ramp to the front
building needs regairing. The
halls need more lighting. A roof
leak in the Special Ed wing
needs to be repaired. The
Media Room has inadequate
lighting. The pavement at the
back o% the school is broken
and needs to be repaved. The
parking lot beside the school
needs to be paved. Some areas
of the baseball field fence need
replacing. Restrooms inside the
gym with access from the ball
ield would be helpful.
SUPERINTENDENT’S
OFFICE: The roadway leadineg
to the office should be pav
and properly drained. We
found the inside and outside of
this office in need of painting.
Additional space is also
needed.
BUS BARN: The building
needs to be insulated to lower
heating costs.
LIBRARY: We recommend
the heating and cooling system
be replaceg. The roof leaks and
is in need of repair. The facili
ty needs to comply with the
Americans with Disabilities
Act standards. The weather
stripping on exterior doors
needs replacing. Electrical
outlets in the main part of the
library need to be replaced. Ad
ditional parking is needed. The
inside of the library needs
painting.
Steps should be taken to
protect all county records from
theft and fire by creating a
fireproof and secure storage
area.
We heard current evidence
on the Myrtis Evans case and
recommend a continuing
investigation.
We appoint Carter Black,
DVM, to serve on the Chat
tooia County Hospital
Authority.
We would like to thank the
Honorable Jon B. Wood for his
cooperation, courtesy and pa
tience during this week of
deliberations.
We would like to commend
~ the District Attorney’s Office
and all law enforcement of
ficers for their well prepared
cases and their professional
presentments.
~ We, the members of the
Grand Jury, recommend that
~ these presentments be publish
ed one (1) time in The Summer
ville News at the expense of the
county as provided by law.
This 10th day of February,
1994.
Scott Tucker
FOREMAN
Karen M. Cook
CLERK
GEORGIA, CHATTOOGA
COUNTY
ORDER
The Presentments of the
Grand Jury for the February,
1994 Term of said Court hav
ing being duly presented in
open Court, let the same be
sg:'ead upon the minutes of
this Court.
Let a copy of these Present
ments be g.u'nished to the
Countf' Commissioner and the
School Superintendent by the
Clerk of Court, Chattooga
County, Georgia.
Let these Presentments be
üblished one (1) time in The
gummerville News at the ex
pense of the County as provid
ed by law.
This 10th day of February,
1994.
Jon B. Wood, Judge,
Superior Court, Lookout
Mountain Judicial Cir
cuit
Filed in Clerk’s Office,
Chattooga County,
Georgia, Februag 10,
1994, Sam L. Cordle Jr.,
Clerk
: " :
MRS. EVANS
Mayor Cash
Returns To
His Home
Summerville Mayor
Sewell Cash has been releas
ed from Redmond Begional
Medical Center after
undergoing five heart
bypass on Feb. 3.
Ira Pollard, mayor pro
tem, said Tuesday evening
that the mayor had been
released from the hospital
Saturday and had returned
home to recuperate.
Cash appeared to be ‘‘do
ing better’ after arriving at
home, Pollard said.
°
Local Jail
® °
Certified
By Doctors
The Chattooga County Jail
has been recertified for ac
creditation by the Medical
Association of Georgia’s
(MAG) Committee on Prison
Health.
Sheriff Ralph Kellett was
recently notified of the recer
tification by Dorothy Parker,
project director for the
committee.
The certification was to be
in effect from this past Oct. 9
to this coming Oct. 9. The on
site insgection of the facility
occurred on Oct. 22.
“Dr. (Herman) Sf)ivey is
100 percent responsible for the
re-accreditation,’”’ Sheriff
Kellett said. ‘“‘He does a
wonderful job; sometimes I
wonder when he sleeps.”
Dr. ‘L. E. Horowitz, an
Atlanta physician, said he and
members ofy the MAG certifica
tion team, interviewed Dr.
Spivey, Sheriff Kellett, and
Ralph Southerland, jail
administrator.
“The staff which I en
countered was extremely
cooperative with my in
quiries,”” Dr. Horowitz wrote.
“All %uestions and requests for
records and information were
cheerfully provided. Dr. Spivey
fulfills afi roles on the site and
provided most of my informa
tion. The doctor has Keen at the
site since 1985 and is in total
control of all health care
delivery . . .
“The medical area is com
posed of only one room which
serves all purposes ... . Medica
tions are stored in locked
cabinet in the booking area and
are dis?ensed only by the book
ing officer who has been ap
propriately trained in this pro
ces?) o .S" the doct_(g' wrpt:fi.
r. Spivey provides six-day
per weeE me(fi’ca] care to in
mates the letter stated, and Dr.
Richard Compton provides
dental care.
The recertification award
was being sent to the Georgia
Sheriff’s Association %(])r
presentation to Kellett at a
future GSA meeting.
BOE Meets
Today
The Chattooga Board of
Education has ?eamed that
four county schools may be
eligible for new state construc
tion money this year.
Superintendent Frank
Stewart reported to the board
about House Bill 1314 during
a work session last Thursday.
The board will meet for its cafi
ed meetic;lfi at 7 p.m. today.
The called meeting will take
place of the board’s regular
monthly meeting, which was
postponed from Monday.
Stewart said that North
Summerville, Lyerly, Pennville
and Menlo Elementary Schools
will be eligible for state mone;
for construction under the bi].{
which aims to change the state
funding formula ?rom max
imum school size to minimum.
The four county schools
have less than 450 students
each.
“If this passes the
legislature, it will let us use
money for new construction
projects at those schools,
which we couldn’t do before,”
Stewart said. ‘“This is a major
shift in emphasis and is a ve
significant move toward sm;fi
community schools.”
The board will consider
“routine business” on Monday,
he added, including approving
school administrators, Y)ids for
two new school buses, and hir
ing and resignations of school
personnel.
GJ Eyes Evans Evidence
The February term of the
Chattooga County Grand Jury
made a passing reference to a
citfy embezzlement scandal
before adjourning.
“We heard current evidence
on the Myrtis Evans case and
recommend a continuing in
vestigation,” the jm:lzhstated in
its presentments. They were
handed down this past Thurs
day afternoon.
"Ralph Van Pelt, district at
torney, had said he would ask
the panel to listen to evidence
in the case but not to return an
indictment during this term of
court. The DA said he would
seek an indictment against
Mrs. Evans, 44, Seventh
Avenue, Summerville, durinfi
the August term of the grand
ury.
s )éhief Tony Gilleland of the }
Summerville Police Depart- |
ment laid out the evidence that
had been accumulated through
the middle of this past week to
the jury.
Mrs. Evans was charged
this past December with theft
by taking in connection with
some $311,000 missing from
Summerville City Hall. A total
of about $566,000 had been
discovered missing as of a
week ago.
She had been an employee
of the city for 13 years. The
alleged thefts befan in June,
1986, one city official said.
INSPECTIONS
In other matters, the grand
jury made a number of recom
mendations . for improving
county facilities and bufldm%?
Complete renovation of the
older portion of Chattooga
High School was recommend
ed. The jury also suggested
enlarging the band room. It
commended the child care and
school nurse programs at the
high school.
Jurors noted that the north
wall of the Menlo School gym
nasium was saggin%land that
flooring on the north end was
buckled and weak. The Menlo
vocational building roof needs
replacing, the panel recom
mended, and better ventilation
and carpetin% are needed in the
old cannery uildi:f. A larger
cooler is also needed in the kit
chen of the school, jurors said,
and a large hole in the girls’
restroom wall needs repairing.
North Summervilfia
Elementary School ‘“‘is in
desperate need of roof repairs
throughout the building.”
Jurors said new ceiling panels
are needed due to leaks and
boiler pipes in classrooms need
wrapping. The inside of the
school needs painting and the
classrooms have inadequate
lighting, the jury stated.
The Georgia House has ap
proved funds for replacing the
school’s roof.
FENCE
Jurors had ‘‘a strong
recommendation” that a fence
be Flaced around the
transformer outside Summer
ville Middle School. The SMS
gym floor needs refinishing and
an inspection of structural
damage to the floor is needed,
the jury indicated.
rf}nfiym is needed at Sum
merville Elementary School,
the jury stated.
More library space is need
ed at Lyerly School and the
lunchroom is ‘‘surprisingly
small and inadequate’ for the
number of children enrolled at
the school, the grand jury
stated. ‘“The playground is
small and unappealing,” it
added.
The library at Pennville
School has inadequate lighting
and a leak in thz:secial educa
tion building needs repairing,
the February term jurors
stated. Halls in the school need
more lighl:in§l and pavement
around the school needs repav-,
ing, it added.
The inside and outside of
the countfy school superinten
dent’s office needs painting,
jurors recommended.
A number of problems were
found at the current Chattooga
County Library. The library
will move into a new building
on Farrar Drive as soon as in
side finishing work is com
pleted and a sewer line install
ed to serve the facility.
Jurors ‘“‘strongly recom
mend(ed)”’ that the generator
be repaired at the county jail.
REPAIRS
Ceiling repairs are needed
at the courthouse and the trim
and gutters on the building
need repair and painting, the
jury stated. Jurors also recom
mended that ceiling fans be in
stalled in the office of the clerk
of court.
Jurors recommended that
probate judge’s office install a
computer system for record
keeping, adding that more
space is needed in the file room.
‘“A computer is needed for
record keeping (in the voter
registrar’s office) as recom
mended by previou:edgrand
juries,” the panel stated.
An additional fire ex
tinguisher and a smoke detec
tor should be installed in the
back office of the tax assessors’
office, jurors indicated.
“Living space is inade
quate” at the ambulance ser
vice, jurors asserted. “We
understand a new facility has
been obtained from the
Georgia National Guard and
preparations should be made to
expedite the move to this facili
ty,”
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Civil Cases
Continued
Until August
Althouggea couple of civil
cases had been set tentatively
for trial this week in Chattooga
County Superior Court, they
were continued until the next
term of court in Ausllrst.
Judge Jon Wood directed a
civil court verdict in favor of
Luther Hegwood on Wednes
day, Feb. 9. Hegwood had been
sued by Mose Mathis and
Sidney Matbhis.
A jury returned a verdict in
favor of Kenneth R. Hix: and
Myra Yvonne Hix this past
Thursday. Mrs. O’Neil Mills
and Randy Mills had :gfi:aled
to Superior Court a ruling in
favor of the Hixes in Chat
tooga County Probate Court.
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LEAKS
The roof leaks at the health
department and employees
have to cover comguters with
plastic to protect them when it
rains, the jury said. “It is our
understandinf that an expan
sion of this facility is being
glanned and we recommend it
e pursu,ed as soon as possi
ble.”
“Steps should be taken to
protect all countg records from
theft and fire by creating a
fireproof and secure storage
area,” jurors suggested.
In other matters, the jury
appointed Dr. Carter Black, a
veterinarian, to serve on the
Chattooga County Hospital
Authority.
It commended the district
attorney’s office and sheriff’s
office.
“NO” BILLS
Five additional “no’’ bills
were handed down on Feb. 9 by
the grand jury. They included:
.fi)rhnny E. Brown, who had
been charged with terroristic
threats; Labern Bowling, who
had been char%ed with first
degree for, ; Donnie Meeler,
wh(f) Ilx)ad % cl}xtarged with
theft taking; Roger Tapp,
who hag been cfiargeg with two
counts of aggravated assault,
two counts of simple battery,
and two counts of public
drunkenness; and Roland F.
Wooten, who had been charg
ed with aggravated assault.
An indictment or {‘true’’ bill
means that a grand jury deter
mined that enough evidence ex
isted to warrant a jury trial on
criminal charges. It does not
implg' the guilt of a person who
has been indicted. A “‘no”’ bill
means that the jury didn’t find
that enough evidence existed
to pass the case on to the trial
phase.
WEDNESDAY, FEB. 9
s Il;‘djctmefits handedngwn
y the grand jury on Feb. 9
includetfir
Angela Coulter, 20, Rock
Spring, was indicted on writing
a $615 bad check to Gold Etc.
on A}‘:El'J 16, 1993.
Phillip Kirby, 27, Chat
tooga County, was indicted on
charies of pointing a pistol at
another and aggravated
assault against Allen Deck on
Dec. 20, 1993.
James Stocks, 36, North
Commerce Street, Summer
ville, was indicted on charges
that he was a felon in posses
sion of a firearm and that he
was involved in two ag
gravated assault counts
igainst Rose Page and Faye
orton on May 6, 1993.
Tony Wilson, Maplewood
Apartments, Summerville, was
indicted on charges of as
gravated assault and simple
attery against Anita Wilson
on July 4, 1992. 3
THURSDAY
Indictments handed down
Thursday included:
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Starlin Lee Cochran, 27,
and Tina L. Cochran, 25, both
of Summerville Rte. 5, were In
dicted on charges of manufac
turing marijuana on May 29,
1993.
Brian Richard Copeland,
20, Kirby Street, Summerville,
Michael %oug Nichols, 20, Ruff
Stieet, Summerville, and
Justin Dale Stinson, no ad
dress listed, were indicted on
charges of manufacturing
marijuana on Dec. 11, 1993.
Richard Adams, 20, Lyerly
Rte. 1, was indicted on charges
of aggravated assault and rob
bery against James Garrett in
the Chattooga County Jail on
July 10, 1993. :
¥lico Perry, 23, Hawkins
Drive, Summerville, was also
indicted on robbery and ag
gravated assault charges in
connection with that same Ju
ly 10, 1993 attack against Gar
rett in the jail.
William Lamar Ballg:ger,
24, Cloudland, was indicted on
charges of criminal trespass on
the land of Charles Stephens
and on charges of criminal at
tem?t to commit theft by tak
ing for damaginia motorcycle
owned by Joseph Stephens on
Nov. 26, 1993.
Thomas F. Beech, Summer
ville Gardens Apartments, was
indicted on charges of commit
ting fraud in obtaining public
assistance. The indictment
charfed that Beech had obtain
ed frauduently $1,645 in
benefits plus $879 in food
stam‘})s between Dec. 1, 1991
and June 30, 1992.
Roland L. Bice Jr., 25, Lily
Lane, Summerville, was in
dicted on chardges of criminal
trespass and aggravated
assault against Scott Mitchell
on Oct. 30, 1993.
THREATS
Willie Bivens, 31, Atlanta,
was indicted on charges of ter
roristic threats and acts
against Sgt. Gail Hunter of
Hays Correctional Institution
on March 18, 1993.
Johnny C. Carroll, Tunnel
Hill, was indicted on charges of
being a felon in possession of a
firearm, hunting deer at night
with the aid of a light, hunting
from a public road and hunting
from a vehicle on March 17,
1993 on Haywood Valley Road.
Vickie Marie Cromer, 33,
Lyerly, was charged with ob
taining drugs for Willie Joe
Cromer, Lyerly, an inmate at
the county jail, on April 13,
1993.
GATTY
Terry W. Gatty, 35, Sum
merville Rte. 2, who was
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Arraignment
Set Friday
Arraignment will begin at 9
a.m. Friday in Chattooga
County Superior Court.
Motions for criminal court
will be heard next Thursday,
Feb. 24, and pleas and negotia
tions will occur on Friday, Feb.
25.
The first day of criminal
court trials is Monday, Feb. 28.
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cleared of sexual misconduct
charges in a previous session of
Chattooga County Superior
Court, was indicted on similar
charges. He was indicted on
charges of aggravated sodomy
and sodomy against a 16-year
old girl on Aug. 31, 1991, and
chilgu molestation against a
13-year-old girl on that same
date.
David D. Hartline, 24,
Lyerly Rte. 1, was indicted on
charges of child molestation
against a girl on Nov. 23, 1993.
William A. ‘‘Mickey”’
McGuire, Summerville, was in
dicted on charges of possession
of marijuana with intent to
distribute on Oct. 16, 1993.
Scott Oehlson, 29, Summer
ville Rte. 5, was indicted on
charges of theft by taking a
1985 model van owned by
David Bearden on July 15,
1993 and wrecking it on gocky
Hollow Road.
MARIJUANA
Terry G. Stoner, 31, Trion
Rte. 1, was indicted on charges
of manufacturing marijuana
and being in possession of
marijuana with intent to
distribute on July 29, 1993.
Billy Dewayne Tapp, 19,
11th Street, Trion, was in
dicted on charges of being a
first offender on probation in
possession of a firearm on Nov.
14, 1993.
Ruby Faye Young, 45, and
William Terry Young, 37,
Trion Rte. 1, were indicted on
charges of manufacturing
marijuana and being in posses
sion of marijuana with intent
to resell on Aug. 4, 1993.
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