Newspaper Page Text
Brooks’ Vehicle Homicide Trial Continuing In Court
. A Chattooga Cour:g Suge
rior Court juryg]ate Wednesday
afternoon was still hearing the
vehicular homicide case of
Jimmy Wayne Brooks, 45, of 383
Bittings Ave., Summerville. It is
expected to continue into Friday,
court officials said.
Suf)erior Court Judge Ralph
Van Pelt was presiding.
Brooks had been charged
with five counts of first degree
vehicular homicide, five counts
of driving under the influence
(DUI) oPamphetamines and
methamphetamines, five counts
of causing serious injury with a
vehicle and five counts of failing
to maintain a single lane.
ANNEX
The trial in the Courthouse
Annex courtroom started Tues
day afternoon with Grover
Hudgins, assistant district attor
ney, serving as prosecutor and
attorney Patti Keown defending
Brooks.
The jury was composed of
seven men and four women.
Brooks was arrested in the
death of D. C. “Dee” Brown, 81,
Summerville, in a crash on North
Commerce Street just north of
Marvin Street on Oct. 21, 1999.
Also hurt in the smashup of
the two vehicles were Frances
Brown, 37, 104 D. C. Brown
Road, Summerville, and David C.
Brown Jr., 40, Summerville.
Summerville Police Department
Officer Brian Ozment investi
gated the collision.
CAR CONCERN
Judge Jon Payne, who held
a bond fiearins in the Brooks
case, said he denied bond to
Brooks partly because Brooks
expressed more concern for the
condition of his 1994 Lincoln
Mark VIII than for the motorist
who was killed and those injured
in the collision.
Herbert Dodd, a paramedic
who is also director o?the Chat
too§a County Emergency Medi
cal Service, testified Wednesday
morning that the D. C. Brown
death certificate indicated that
the elderly man had died of mas
sive head injuries.
D. C. Brown had to be extri
cated from the back seat of the
Brown vehicle, he indicated.
“VERY CRITICAL”
“He was very critical,” Dodd
said in referring to Brown. “He
had a large laceration to the top
portion of his head running to
the forehead area.” The victim
had a weak pulse and his respi
ration rate was “minimum to
none,” Dodd testified. When the
ambulance arrived at a Rome
hospital, Brown had a heartbeat
andpthe medics had inserted a
tube down his throat to allow
him to breathe. However, the 81-
year-old died.
CONVICTED
A jury Tuesday afternoon
convicted Trisha Ann Bolt, 35,
P.O. Box 444, Trion, on one
count of aggravated assault. Her
trial startegagon Monday. She was
found guilté' of attacking Kippi
Foster, address unknown, on
Jan. 3, 2000 with a pair of scis-
Sors.
Judge Van Pelt did not im
mediately sentence Ms. Bolt.
A second indictment
charged her with aggravated as
sault, driving undergtie influence
(DUI) of intoxicants, having an
open container of alcohol, and
two terroristic threat counts. She
TRION CITY SCHOOL SYSTEM
KINDERGARTEN ENROLLMENT
The Trion City School System is happy to announce that
we are enrolling students for the 2000-2001 Kindergarten
school year. Your child must be five years old by
September 1, 2000 to attend kindergarten.
Registration Dates: Wednesday, March 29
Thursday, March 30
Place: Trion Elementary Kindergarten classrooms
Time: 2:30 - 4:00
¢ Copy of Certified Birth Certificate
¢ Copy of Immunization Certificate
¢ Copy of Social Security Card
e Copy of Eye, Ear, and Dental Exam
* Town of Trion residents need to bring proof of most
current utility bill
g” If Your Credit Is BAD...
&) DON’T GET MAD!!!
GET HELP AT JACKSON AUTO SALES
If your credit is A+ or GOSH AWFUL...
we have financing available...WE CAN HELP YOU!
% ALL APPLICATIONS ACCEPTED %
CALL
(706) 857-2700 or (706) 857-3326
Monday-Friday 8:30-5:-2;(;‘I ?rul}nst-il-’ » Saturday 8:30-1:30
'IOSEPH JACKSON AUTO SAI.ESI
10621 Commerce Street Summerville, Georgia 30747
has not yet been tried on the
charges contained in that indict
ment. Those charges were con
tinued until the next term of
court this August.
FOUND GUILTY
Karen E. Freeman, age un
known, County Road 639,
Mentone, who had been indicted
ona first-dgfiree forger_{\::ount,
was convicted by a jury Tuesda
afternoon. Judge Kristina CooK
Connelly sentenced her to five
years probation and ordered her
to pay restitution, fees, costs and
attorney fees. She was also or
dered to do community service
as directed by her probation of
ficer. Court records showed that
she had forged a check on June
13,1999, owned by a cougle and
drawn on a Valley Head bank.
ACQUITTED
Ajury on Tuesday acquitted
Shelly Lee Frazier, 31, of 401
Highland Ave., Summerville, on
charges of selling cocaine and
possessing cocaine with intent to
distribute the substance. Pros
ecutors sought unsuccessfully to
convince the panel that Ms. Fra
zier sold cocaine on June 9, 1999
on Fourth Street. She was ar
rested on July 2, 1999, court
records showed.
CHARGES DROPPED
Cases dismissed or nolle
prossed (not prosecuted) durin%
this past week by the office o
Dfistrict Attorney included those
of:
* Jimmy Adams, 40, 1097
Buck Gardner Road, Summer
ville, who had been charged with
second degree criminal damage
to property. The case was dis
misses on the condition that
Adams pay SSOO to cover dam
ages to a vehicle and abide 13' a
permanent restraining order
that all parties involveg in the
case refrain from contact with
each other.
* Samuel Anthony Eaton
Jr., 37, of 272 Blake St., Summer
ville, who had been charged with
three counts of rape, three
counts of statutory rape, three
counts of another sexual offense
and three counts of child moles
tation.
The district attorney’s
(DA’s) office wrote that the cases
afiainst Eaton were dismissed
after three females, now ages 16,
11 and 16, signed affidavits stat
ing that they made up their
claims against Eaton an(? would
testify to that effect if he were to
be tried. Eaton had been arrested
on April 21, 1999.
The three girls first said the
alleged acts had occurred from
March 31, 1993 to March 20,
1999 before statin(f that Eaton
had not committed any wrong
doing.
* Ronnie Beene, 42, Trion
Rte. 1, Box 765, who had been
charged with criminal damage to
property in the second degree.
The original warrant claimed
that Beene on Jan. 20, 1999 had
dumped garbafie in the back of a
woman’s car, left its windows
rolled up and the vehicle locked.
* Richard Joseph Adams,
26, of 272 Dogwoodp Drive, Ly
erly, who had been charged with
felony obstruction of aglaw en
forcement officer, two counts
Family Violence Act battery and
three counts of simple battery.
The DA’s office wrote that Adams
had been indicted on the same
charges in another indictment.
* Terry Lamar Battles, 43, of
174 Dogwood Drive, L{lerly, who
had been charged with theft by
receiving stolen property. The
DA’s office wrote that it had in
sufficient evidence against
Battles to try the case. Battles
had been arrested on charges of
taking a yellow backhoe from
Baker-Woods Construction Inc.
on Dec. 14, 1999.
SECOND WEEK
Court officials indicated that
the case of Curtis O. “Butch” Aus
tin, charged with three counts of
child molestation, aggravated
child molestation, a%gravated
sexual battery and misdemeanor
sexual battery, would be tried
during the second week of crimi
nal court, starting Monday,
March 13.
The case of John Harvey
Hoiue, charged with six counts
of child molestation, two counts
of aggravated child molestation
and aggravated sodomy, was
schedlfied to be tried during the
second week of court this term,
law enforcement officials indi
cated.
NEXT TERM
The case of Jamey Paul
Burrage, charged with statutory
rape and chilcf molestation, was
continued to the August term of
court, officials said.
In addition, the case of Mat
thew Dewayne Mitchell, charged
with rape, four counts of aggra
vated sodomy, four counts gF ag
gravated chif;l molestation, two
counts of aggravated sexual bat
tery, six counts of child molesta
tion, making terroristic threats
and asgravated assault, was con
tinued until the August term, the
officials indicated.
PLEAS
Among the pleas accepted
late this past week and earlier
this week were those of:
* Tony Glenn Long, 32,
Summerville Rte. 3, Box 462 A
who entered an Alford plea of
guilty but mentally retarded to
six counts of child molestation
against a female between Jan. 1,
1994 and Aug. 4, 1999. One of
those molestation counts had
been reduced from aggravated
sexual battery.
ALFORD
A U.S. Supreme Court deci
sion in a 1970 North Carolina
case stated that a trial judge can
accept a guilt! plea from a com-
Fetent defendant even if the de
endant continues to say he is
innocent.
Alford was a black man
charged with the murder of a
white man and tried before an
all-white jury. The High Court
said Alford’s guilty plea was not
“compelled” because he faced the
death penalty but was a logical
choice for him.
SuFerior Court Judge
Connelly sentenced Long to 20
years with 10 of those to be
served in prison.
Charges of rape, aggravated
sodomy and aggravated child
molestation were dropped in re
turn for the negotiate(F lea and
to keep the victim and Eer fam
ily from having to come to court,
the DA’s office wrote.
FIVE YEARS
*Marshall Steven Kirby, 49,
with his addresses listed as P.O.
Box 374, Summerville, Wildlife
Lake Road, Summerville and
Parkview Apartments, Trion,
pleaded gui]g' to being a habitual
violator and to two counts of
theft by receiving. Judge Van
Pelt sentenced Kirby to five years
in prison on the habitual viola
tor count and to five years in
prison on the theft by receiving
counts, to be served consecutive
(or, after) the habitual violator
sentence. He had been charged
with receivins two all-terrain ve
hicles valued at $3,795.65 on
Dec. 28, 1999. They had been
taken from Rome Honda &
Suzuki, the indictment stated.
* William Kenneth Parker,
41, 38 Elm St., Cloudland,
gleaded guilty to being an ha
itual violator, DUI, having an
open container of alcohol, not
having proof of insurance and a
backing violation, all occurring
on March 19, 1999. Judge Van
Pelt sentenced Parker to five
years in prison on the habitual
violator case and 12 months each
on the other counts, all to be
served consecutively to the five
year sentence.
DRUGS
* Edward L. Wyatt, 46, of
Box 165, Ga. 337, Menlo, pleaded
guilty to possession of amphet
amines. Judge Connell¥) sen
tenced himto 10 'years probation
plus a SI,OOO fine, as well as
costs and fees. He had been ar
rested on Seft. 12, 1999.
* Charles Caldwell, 50,
Summerville Rte. 5, Box 658,
who pleaded guilty to first defifee
forgery, was sentenced to five
years probation, a SI,OOO fine
plus fees, court costs and $l5O
restitution to Jim’s Restaurant,
Ga. 114, Summerville. The
Southeast Federal check dated
July 17, 1998 was given to Jim's
on Aug. 22, 1998, records
showed.
THREE CASES
* Joshua Britt Warnock, 22,
of a Club Drive address, Trion,
gleaded guilty to possession of a
rearm by a convicted felon. He
had been convicted of a felony on
Feb. 19, 1999, court records
stated.
A .22-caliber revolver was
found in Warnock’s possession
during a traffic stop on Mag 12,
1999 on U.S. 27 at Rossville Bou
levard, Trion, records stated.
Judge Connelly sentenced
Warnock to five years in Erison.
A charge against Warnock of not
having proof of insurance was
dismissed.
Warnock, in a second case,
also Eleaded guilty to possessing
amphetamines and less than an
ounce of marijuana. Judge
Connelly sentenced Warnock to
30 years with 10 to be served in
prison on the drug conviction
and 12 months in prison on the
marijuana plea. Records stated
that the incident occurred on
Allgood Street at Pine Street in
Trion. A crime fact sheet on the
Warnock case stated that the in
cident occurred on March, 11,
1999 while the indictment indi
cated that it occurred on March
10, 1999.
AMPHETAMINES
In a third case, Warnock
pled guilty to possessing amphet
amines and possession of less
than an ounce of marijuana.
Judge Connelly sentenced him to
seven years probation in the am
phetamine case and told him to
?ay a SI,OOO fine plus costs and
ees, as well as to serve 12 months
in a state detention center. She
also sentenced Warnock to serve
12 months on probation and to
pay a SI,OOO fine plus costs and
fees. The crime occurred at
Warnock’s then-residence on
Jan. 16, 2000.
* Richard Joseph Adams,
26, of 272 Dogwoodp Drive, Ly
erly, after entering guilty pleas,
received three five-year prison
sentences, all to be serve concur
rently (at the same time) on three
charges of felony obstruction of
alaw enforcement officer, plus 12
months each in prison on three
counts of simplegattery and two
counts of violating the Family
Violence Act. All are to be served
concurrently. Adams also was
sentenced to 12 months prison
each on driving without a valid
license and failure to maintain a
lane, also to be served concur
rently. The incidents occurred in
Trion in August, 1999.
HABITUAL VIOLATOR
* Bobby Dale Miller, 23, of
12-B Scoggins St., Summerville,
who was charged with two
counts of being a habitual viola
tor, was sentenced by Judge
Connelly to five years probation
plus a SI,OOO fine as well as costs
and fees. Her sentence stated
that Miller must go to a state de
tention center and then to a di
version center until all the fine
and costs have been paid. In ad
dition, Miller pleaded guilty to
two driving under the influence
(DUI) counts. He was ordered to
serve 12 months probation on
both convictions, to be served at
the same time as the five-year
sentence. The judge fined Miller
SI,OOO plus i{nes and costs on
the first DUI count and $2,500
plus fees and costs on the second
DUI conviction.
DEFINITIONS
(A state probation detention
center is a low-security facility
designed to house those on pro
bation for a geriod of time to be
determined by the state. A diver
sion center afiows probationers
to work at paying jobs in a com
munity but requires them to re
turn to the facility afterward. The
funds earned by the probation
ers are used to pay restitution to
victims, fines, costs and fees and
to pay for their board).
* Hazel M. Scott, 46, of 2997
East Broomtown Road,
LaFayette, who pleaded guilg' to
being an habitual violator and on
a stop sign violation, was sen
tenced by Judge Connelly to five
years probation. Ms. Scott first
will be incarcerated first in a
women'’s detention center and
then at a diversion center until
all her $1,576.50 in fines and fees
are paid in full, the sentence
stated. Judge Connelly also sen
tenced Ms. Scott to 12 months
probation on the stop sign viola
tion and 12 months on a DUI
guilty plea. A second DUI count
and a charge of not having J)roof
of insurance were dropped. The
crimes occurred on April 18,
1999, reports stated.
CAR TAKEN
* Robert “Roscoe” S.
Cochran, 17, of 379 Blowins
Springs Road, Menlo, pleade
guil?r to theft by taking of a 1993
model car on Dec. 12, 1999.
Judge Connelly sentenced
Cochran to five years probation
plus restitution, fines and fees
amountmfito $3,837.50. She or
dered Cochran to serve in a state
diversion center until all restitu
tion, fines and fees are paid. She
told him to obtain a General
Educational Diploma (GED)
within 18 months after his re
lease from the center.
FORGERY
* Corey Crabtree, 25, of 74
Dooley St., Summerville, who
received 10 years probation af
ter pleadi_?fi guilty to first degree
forgery. The crime involved a
$225 check cashed at Quick’s
convenience store, Ga. 48, Sum
merville, on Oct. 29, 1999,
records stated. Judge Connelly
ordered Crabtree to first serve
eight months in the county jail
until he goes to a state diversion
center, where he is to remain
until restitution in addition to a
SI,OOO fine plus costs and fees
are paid.
* Marshall Price, 55, of 226
Weems St., Lyerly, entered a no
contest plea to one count of pos
sessing a Chevrolet K 3500
Eickup truck with altered identi
cation on Dec. 9, 1999. Judge
Connelly sentenced him to three
years probation and ordered him
to é)ay $802.50 in fines, costs
and fees. Other charges of theft
by receiving a stolen motor ve
hicle, theft bs' receiving stolen
property and possession of a
motor vehicle with altered iden
tification were dismissed in the
plea-bargaining arrangement.
CHECKS TAKEN
* Justin Rose, 21, of 334
Cloudland Drive, Menlo, pleaded
guilty to taking checks from a
Valley Head couple on July 9,
1999. Rose also pleaded guilty to
seven counts of grst degree forg
ery after cashiné the stolen
checks at Lucky’s Supermarket,
Menlo, on July 9, July 10, July
13 and July 15, 1999. He was ar
rested onJ uli; 19, 1999. Rose was
originally charged with eight
counts but the %irst count was
merged with the remaining
seven counts, court records indi
cated. Judge Connelly sentenced
Rose to 10 years probation on
each count to be served concur
rently with credit for time served.
He was told to serve at a state
diversion center until a total of
$3,286.50 in restitution, fines,
fees and costs are paid.
BURGLARY
* Andrew “Opie” Wilkinson,
21, of 132 Crowe St., pleaded
Fuilty toburglary and fpossession
ess than one ounce of marijuana
on Oct. 26, 1999. Judge Connelly
THANK YOU
FOR
290 YEARS
AS YOUR
PROBATE JUDGE
YOUR TRUST, SUPPORT AND
FRIENDSHIP IS ALWAYS
GREATLY APPRECIATED.
senténced him to 10 years on the
burglary conviction with part to
be served in a boot camp, part in
a detention center and q:rt ina
diversion center. She also sen
tenced him to 12 months on the
marijuana count to be served
concurrently with the bu‘i}lary
sentence. Wilkinson was ordered
to pay fines, costs and fees total
ing g 1,576.50 before he is re
leased from the diversion center.
He also was ordered to obtain a
GED if he doesn’t have a high
school education or a GED al
ready.
DOGS VS. DEER
* Jackie W. Morrison, 64, of
2268 Kerr Road, Dalton, %}eaded
guilty to misdemeanor obstruc
tion of a law enforcement officer
and guilty to misdemeanor hunt
ing of deer with dogs and posses
sion of illegally taken wilgl(;fe on
Oct. 31,1999 at Subligna. He was
sentenced to 12 months proba
tion on the obstruction count
and 12 months probation on
each of the other counts. Judge
Connelly also ordered Morrison
to pay SSOO to the “Turn in
Poachers” fund, not to possess a
firearm for 12 months and not to
hunt for 12 months.
* William Craig Ramsey, 29,
of 5893 Ga. 151, LaFayette,
pleaded guilty to selling cocaine.
He was sentenced to 15 years
with two fiears to be served in
prison with credit given for time
served since Oct. 30, 1998. A sec
ond charge of selling cocaine
within 1,000 feet of a housing
project was dismissed in the ne
gotiated plea.
* Randy Shropshire Jr., 38,
of 96 4th St., Summerville,
pleaded Fuilty to felony obstruc
tion of a law enforcement officer
on Dec. 11, 1999. Judge Connelly
sentenced him to five years pro
bation plus fines, fees, costs and
attorney fees totaling $1,576.50.
Shropshire is to serve in a state
diversion center until the total is
paid, she ruled.
SEX BATTERY
* Christy Shelton, 17, ad
dress listed as both Trion Rte. 1
and Back Berg'ton Road, Sum
merville, pleaded %uilty to mis
demeanor sexual battery in an
incident that occurred on July 17,
1999. She was arrested on Feb.
11,2000, records showed. Judge
Connelly sentenced her to 12
months probation plus a S2OO
fine plus fees and costs. The DA
in pfi:a negotiations dismissed
charges of aggravated sexual bat
tery, two counts of child moles
tation and furnishing alcoholic
beverages to a person under 21.
* Ricky Powell, 44, of 504
State St., Summerville, who
pleaded guilty to possessing co-
The Summerville News, Thursday, March 2, 2000 —
caine on Hawkins Drive on Dec.
19, 1999, received a seven-year
?robated sentence plus fines,
ees and costs totaling
$2,081.50. He was ordered by
Judge Connelly to remain in a
state diversion center until the
total is paid.
DRUGS, DUI
* Lebron Temfleton, 42, of
152 Smith Templeton Road,
Rirne%gold, who pleaded guilty to
3 ucegl charge ogl not having
rugs in their original container
his third DU conviction received
12 months probation on each
count, to be served consecu
tively. Templeton also was told
by Judge Connelly to pa_fifor hav
ing his Iphoto placed in The Sum
merville News. He also was or
dered to pay fines, fees and costs
of $3,362. Templeton was
charfied oriFinally with possess
ing alprazolam, a sedative; hav
infi an open container of alcohol
failure to obey a traffic signal and
failure to maintain a single lane.
Thelatter three charges were dis
missed in the glea bargain.
* Perez Orlando Darden, 23,
of 217 E. Sixth St., Summerville,
pleaded guilty to selling cocaine
onJune 15,1999 and he received
a three-gear prison sentence
from Judge Connelly. She also
ordered him to pag asl,ooo fine
plus fees, costs and attorney fees.
A char%e of selling cocaine within
1,000 feet of a housing project
was dropped in the plea negotia
tions.
IST OFFENDER
* Robert Battles Jr., 21, Box
200, Foster Manning Road,
Summerville, gleaded guilty to
being a first offender ir;J)osses
sion of a firearm on Nov. 15,
1999. Judge Connelly sentenced
him to five years on probation
with the first 90 days to be served
inthe countfi' jail. Reports stated
that Battles had a .22-caliberrifle
in the front seat of a vehicle when
it was stopgd by sheriff’s depu
ties. Records showed that Battles
had pleaded guilty to two counts
of possessing a firearm on Chat
tooga High School property on
Aug. 29, 1996.
OBSTRUCTION
Robert Lee Salmon, 57, of
300 Cedar St., Trion, pleaded
Fuilty to felony obstruction of a
aw enforcement officer. An in
dictment charyged that Salmon
struck Lt. Dan oun%of the Chat
tooga County Sheriff’s Office on
Jug' 30, 1999 at 100 Cedar Ave.
Judge Connelg' treated Salmon
as a first offender and sentenced
him to three years on probation,
ordered him to undergo alcohol
and drug counseling and told
him to pay court costs and fees.
No fine was assessed. The DA’s
office dropped public drunken
ness charges against Salmon in
return for his plea on obstruc
tion.
If Salmon doesn’t get into
any trouble with the law durin%
the next five {lears his record o
conviction will be deleted, under
the first offender act.
CRUELTY
* Cindy Leonda Strawn, 37,
Lyerly Rte. 1, Box 615, pleaded
guilty to child cruelty under the
rst offender statute early this
week. Judge Connell{)sentenced
her to four years probation plus
a fine, costs and fees of $450.
Further, the judge ordered Ms.
Strawn to obtain treatment from
Lookout Mountain Community
Services, cooperate fully with the
Department of Family and Chil
dren Services and not to afipgl
ghysical discipline to any child.
he was indicted on charges of
slapping a child and leaving
bruises on its face on Sept. 6,
1998.
* Aubrey P. Farmer Jr., 24,
of 18 Powell Road, Summerville,
pleaded guilty to theft by receiv
ing stolen propertX on first of
fender status. Judge Connelly
sentenced him to five years pro
bation plus a SSOO fine, as well
as fees, costs and attorney fees.
Healso was ordered to (i)ay S2OO
restitution. The indictment
charged that he had received a
stolen ring and gold link chain on
July 9, 1999.
Other pleas were accepted
Tuesdaf' afternoon but were not
available in time for publication
this week.
Registration For
Pre-K At Center
Is Underway
Registration at Chattooga
Pre-Kindergarten is scheduled
March 10 from 10 a.m. to 5:30
g.m. All children who are four
efore Segt. lare eligible.
The Pre-K is a part of the
Chattooga County School Sys
tem, so there is no fee for attend
ing. Children at the Pre-K are
rrovided the same healthy
unches as students receive at
counx schools.
| of the teachers hold State
of Georgia Teaching certificates
and have been through s%ecific
age-related training given by the
Office of School Reaginess, who
supervises the center. Each class
room also has a hiihly trained
paraprofessional, which gives a
10 to 1 child-adult ratio. |
17-A