Circuit Court News

CIRCUIT COURT OF BATES COUNTY, COURT NEWS JAMES K JOURNEY, JUDGE Feb 21-25, 2011

Darla E Gragg v Tami Perkins, Petition for Order of Protection filed.

St v. Charles M Stout, Felony attempt to manufacture a controlled substance, methamphetamines, found guilty, given SIS, placed on 5 years probation, to pay all court costs, Defe. To successfully complete any counseling/treatment as directed, to get substance abuse treatment and aftercare, to attend and successfully complete Teen Challenge of the 4 States, Defe. To be subject of random blood testing, random home/vehicle searches, Defe. Shall not possess or consume alcoholic beverages or be upon premises where sold/served, Defe. Shall perform 100 hours of community service as directed. 

St v. Pamela S Whetzell, guilty plea on Ct I: Felony possession of a chemical w/intent to create a controlled substance; Ct. II: Felony possession of a chemical w/intent to create a controlled substance, State dismisses Cts. III, IV, V, VI, VII and VIII, given SIS, placed on probation foro 3 years, Defe. To pay court costs, to successfully complete any such treatment/counseling as directed, to get substance abuse treatment and aftercare, Defe. Shall be subject to random drug testing, random home/vehicle searches, Defe. Shall not possess or consume alcoholic beverages or be upon premises where sold/served. 

St v. Darryl B Heckadon, Felony statutory rape, transferred to St. Clair County, MO. 

St v. Darryl B Heckadon, another Felony statutory rape, cases combined, transferred to St. Clair County, MO.

St v. Kristy D Gann, Felony possession of controlled substance, methamphetamines, found guilty, given SIS, placed on probation for 5 years, Defe. To pay court costs, Defe. Shall complete treatment/counseling, Defe. To get substance abuse treatment and aftercare, Defe. Shall be subject to random drug testing, random home/vehicle searches, Defe. Shall not consume or possession alcoholic beverages or be where sold/served., Defe. Must complete 200 hours of community service as directed.

St v. David Wayne McKinney, Ct I: Felony possession of controlled substance—dismissed; Ct. II: Felony possession of controlled substance, Oxycontin—found guity, given SIS, placed on 4 years probation, to pay for Foreinsic laboratory Account for analysis and court costs, Defe. Shall attend and successfully complete any counseling/treatment as directed, Defe. Shall be subject to random drug tests, random home/vehicle searches, shall perform 100 hours of community service as directed by probation officer. 

St v. Thomas Edward Brandtonies, Jr., 7 counts stealing, found guilty on Cts. I, III, IV, VII XI, XII. Sentenced to 7 years in MDOC, sentences to be served concurrently with each other. Restitution ordered in sum of $123,273.75. 

St v. Jeffrey Miles Bradley, Felony possession of controlled substance, methamphetamines, found guilty, given SIS, placed on 5 years probation, to pay court costs, to pay $150 on State Forensic Lab Account. Defe. Shall attend and successfully complete counseling/treatment as directed, to get substance abuse treatment and aftercare, Defe. To be subject to random drug testing, random home/vehicle searches, Defe. Shall not possess/consume any alcoholic beverages or be upon premises where sold/served. Defe. To perform 100 hours of community service as directed, to spend 10 days in the county jail as shock detention and to pay board bill, to be served on consecutive weekends. 

St v. Frances Dannielle Brown, Felony possession of controlled substance, methamphetamines, found guilty, given SIS, placed on 2 years probation, pay court costs, including $150 State Forensic Lab Account; to attend and successfully any treatment/counseling as directed, Defe. Shall submit to random drug testing, random home/vehicle searches. 

St v. Carol J Hembree, I: Felony distribution of controlled substance, found guilty, II: Felony possession of a controlled substance with intent to distribute, found guilty, Ct. III & Ct. IV—dismissed; sentenced to 7 years on Ct. I and Ct. II, given SES, placed on 5 years probation, sentences to be served concurrently with each other, Defe. To pay court costs, to pay $150 State Forensic Laboratory account, Defe. Shall successfully complete treatment/counseling as directed, Defe. Shall be subject to random drug testing, random home/vehicle searches, to perform 200 hours of community service. 

St v. Christopher D Luecke, Felony domestic assault, found guilty upon plea, sentenced to 5 years in MDOC, given SES, placed on 5 years probation, to pay court costs, to successfully complete treatment/counseling as directed, Defe. To be subject to random drug testing, Defe. Shall not possess or consume alcoholic beverages or to enter into any establishment where sold/served, to perform 200 hours of community service, Defe. To be evaluated to see if should be supervised as a sex offender. 

St v. Jeffrey M Bradley, Felony tampering with physical evidence, case dismissed by State in open court with Defe. Present pursuant to plea agreement in separate case. 

St v. Phillip Whetstine, Felony theft/stealing amended to Misd. Stealing, found guilty, sentenced to 6 mos. In Bates County Jail, given SES, placed on 2 years probation, to pay restitution @ $150/mo beginning 3-15-11. 

Jim Lowe v DM & M Farms et al, Petition for Foreign Judgment filed. 

Larry Cumpton v Alice Cumpton, Petition for Dissolution filed. 

Ashton L Savage v Glennon “Eddie” Hendrix, Jr., Petition for Order of Protection filed. 

Sarah D Gunter v David Alan Gunter, Petition for Dissolution of Marriage filed. 

Joyce E Barr v Michael Gene Barr, Petition for Dissolution of Marriage filed. 

Carla Jean Dunn v David Daniel Dunn, Petition for Dissolution of Marriage filed.

Bates County Museum Hosts the Border War Network

Members of the Missouri-Kansas Border War Network (BWN) met at the Bates County Museum on February 16th for their first meeting of 2011 and the first meeting conducted by their newly elected President, Peggy Buhr, Marketing Director for the Bates County Historical Society & Museum. Those present included Jim Beckner & Carol Bohl of the Cass County Historical Society, Richard Sunderwirth & Rick Reed of the St. Clair County Historical Society, Mark & Virginia Alley of Drexel, Art & Sharon Kelley of the Civil War Round Table of Western Missouri in Independence, Paul Bahnmaier of Constitution Hall in Lecompton, Kansas, and Alexis Woodall of Mahaffie House in Olathe, Kansas. Planning and coordination of events for the Civil War Sesquicentennial were discussed. The group approved a new budget for 2011 and unanimously agreed to have the website updated in order to provide a more user-friendly site (www.moksbwn.net)

It was announced that a Civil War Symposium, open and free to the public, will be held on March 26th at the North Independence Library, 317 W. 24 Highway, Independence, MO (816-252-0950). Speakers include David Blight, Civil War Historian and Professor at Yale University; Dwight Pithcaithley, retired National Parks Service Historian; and Arnold Schofield, Administrator of the Mine Creek Battlefield. Reservations are suggested.

Following the meeting the group adjourned to the Inn Café on the Butler Square for lunch. Dennis Straub, owner of Majestic Cellars, briefly joined the gathering and shared that his property was where archaeologist Ann Raab conducted her first survey and dig associated with the Civil War and Order No. 11.

Seated:  Jim Beckner, Richard Sunderwirth, Mark Alley & Rick Reed

Standing:  Dennis Straub, Virginia Alley, Sharon & Art Kelley, Carol Bohl, & Paul Bahnmaier

Butler Community Food pantry schedule change for tomorrow...

Due to weather delays, the mass distribution at the Butler Community Food Pantry will be held tomorrow from 12:30 p.m. to 3:30 p.m. instead of the morning schedule previously published.

The food pantry is located at the corner of Prospect and Ohio streets in West Butler.

Slight chance of more snow tonight...

FLOOD WARNING FOR BATES COUNTY IN EFFECT THROUGH TUESDAY

Today

Cloudy. Highs in the mid 30s. Northeast winds 5 to 10 mph.

Tonight

Cloudy with a 20 percent chance of light freezing drizzle and snow. Lows in the upper 20s. East winds around 10 mph.

Flood warning issued for Bates County

The National Weather Service has issued a Flood Warning for Bates County and several counties to the South, which will be in effect through next Tuesday. With recent rains and already saturated ground, water is beginning to rise in low lying areas. Use caution when traveling- never attempt to drive through running water.

A revised forecast will be available in the next few hours.

From Recorder of Deeds, Lucille Mundey

Marriage licenses:

James Andrew Entrikin and Tanya Reinee Moore

Michael Shane Cole and Charlene Gay Greenway

Trever Alan Yarbrough and Jamie Irene Sumner


Real estate transfers:

Carl Ferguson and Susan Ferguson to Carl Ferguson and Susan Ferguson and Thomas E. Ferguson and Harla A. Ferguson:
W/2 OF SW/4 EXCEPT S 994.94 FT OF 124232

Michael Swarnes and Amberlee Swarnes and Jordan Fletcher and Samantha Fletcher and David Fletcher and Patricia Fletcher to John Laughlin:

LOTS 18, 19, 20, 21, 22 AND 23, BLK 13, WALNUT NKA FOSTER

Wilma Jean Parsons to Patricia Ann Bradley:

LOTS 1 AND 2, BLK 81 AND LOT 4, BLK 78, ORIGINAL TOWN, RICH HILL; LOT 1, BLK 3, WILLIAM'S ADDN, RICH HILL

Millsap & Singer (suc trustee) and Christine L. Douty and Dale G. (III) Douty to Bank of America:

BEG 50 FT W OF SW COR OF LOT 3, BLK 2, WILLIAM'S 1ST ADDN, BUTLER, N 123 FT, W 150 FT, S 123 FT, E TO POB, EXCEPT DESCRIBED

S&W Foreclosure Corporation (suc trustee) and Rachel Dawson to Wells Fargo Bank:

W/2 OF LOT 3, ALL OF LOT 4, BLK 5, LOUIS F. PAGE'S ADDN, ADRIAN

Lawrence A. Walley and Mary E. Walley to Brent N. Bettels and Piper R. Bettels:
E/2 OF SE/4 OF 84033, DESCRIBED

Elmo (Jr) Sergent and Carolyn S. Sergent to Brent N. Bettels and Piper R. Bettels:
S/2 OF SW/4 AND SW/4 OF SE/4 OF 94033

USA (Secretary of Veterans Affairs) to Linn Nitshe (trustee) and Nitsche Family Trust:
LOT 4, LYNWOOD ESTATE SUBDIV, BUTLER

Orlando Goossen and Almeta Goossen to Goossen Trust:

LOT 5 OF 13831 DESCRIBED; W/2 OF LOT 1 OF NW/4, N/2 OF LOT 2 OF SW/4 EXCEPT DESCRIBED IN 63830; W/2 OF NE/4, NW/4 OF SE/4, NW/4, AND NE/4 OF SW/4 OF 53830


Orlando Goossen and Almeta Goossen to Goossen Trust:
TRACT 1:  43830, DESCRIBED;  TRACT 2:  NW/4 OF SW/4 OF 43830;  TRACT 3:  E/2 OF LOT 1 OF NE/4 AND NE/4 OF SE/4, ALL IN 53830 (AKA SE/4 AND NE/4 SE/4)

Joanne F. Ashley and William L. Ashley to William L. Ashley and Joanne F. Ashley:

NE/4 AND NE/4 OF NW/4 OF 203929; N/2 OF LOTS 1 AND 2 OF SW/4 OF 73929; NE/4 OF 173929; W/2 OF SE/4 OF 173929

Secretary of Housing and Urban Development to Donald G. Bain and Anna E. Bain:
E/2 OF LOT 8 AND ALL LOT 9 AND W/2 OF LOT 10, BLK 34, ORIGINAL TOWN, RICH HILL

June Fuller and Garland Warren Fuller and Joyce Fuller to William Perkey and Julia Perkey:

TRACT 1:  N 75 FT OF LOT 2, BLK 52, ORIGINAL TOWN, RICH HILL. TRACT 2:  N 75 FT OF LOT 1, BLK 52, ORIGINAL TOWN, RICH HILL

Elizabeth Robinson to Robert Dahman:

N/2 OF BLK 164, TOWN CO'S 2ND ADDN, RICH HILL, AKA LOTS 1, 2, 3, 4, 5 AND 6, BLK 164, TOWN CO'S 2ND ADDN, RICH HILL

Becky Yohe (Becky Tourtillott) to Mark Yohe:

E 548 FT OF SW/4 OF SW/4 OF 113832, DESCRIBED

Obituary - Ed Griffith

Funeral services for Ed Griffith will be 10:30 a.m. Tuesday, March 1, 2011 at Schowengerdt Funeral Chapel (660-679-6555) in Butler, Missouri. Visitation will be Monday evening from 5-7 p.m. at Schowengerdt Chapel. Burial in Altona Cemetery, Altona, Missouri. Contributions to American Cancer Society or Altona Church.

Edward “Ed” Ray Griffith, age 64 of Adrian, Missouri died Thursday, February 24, 2011 at University of Kansas Medical Center in Kansas City, Kansas. He was born August 29, 1946 to Chester Maxwell and Hilda Pearl Addleman Griffith in Bates County, Missouri.

Ed is survived by his wife, Wanda Griffith of Adrian, Missouri; one son, Jeffrey Griffith and wife Kathleen of St. Robert, Missouri; one daughter, Jennifer Lesmeister and husband Scot of Butler, Missouri; three brothers, Richard Griffith of Adrian, Missouri, Fred Griffith and wife Martha of Atlanta, Georgia and Harvey Griffith and wife Rita of Butler, Missouri; three grandchildren, Matthew Griffith and Karson and Gracee Lesmeister. He was preceded in death by his parents.

From the desk of Senator David Pearce

Working on the School Foundation Formula 

Education is the foundation of our state and nation’s future. Unfortunately, given the current status of our state’s budget, there are some very difficult decisions that will have to be made in near future to provide funding for schools.

Missouri utilizes the foundation formula to determine how much money each school district receives. The foundation formula is the state’s primary method of distributing money to our local schools. It is a method based on several different facts, including local property tax rates; student attendance; the proportion of students in a district who are disadvantaged or need special education; and if the school provides summer school. The most recent update to the foundation formula in 2005 set up a phase-in schedule that was to last for seven years. We are now in the sixth of those seven years and we have a monumental task ahead of us. 

When the formula was revised a few years ago, there were no provisions in place for the unlikely event the formula would be underfunded during the phase-in period. That unlikely event is now at hand.

I recently introduced Senate Bill 247. This measure would do away completely with phase-in payments from the old formula created in 2005, and will apply an allocation method to utilize available appropriations.

Uncertain funding of the formula during the phase-in creates varying funding levels for our districts. It also creates a wider disparity from our “hold harmless” districts and those districts who receive funding on the formula.

Senate Bill 247 would also modify payments to accommodate available appropriation in any year in which the funding does not equal the amount necessary to fully fund the school foundation formula. 

It is never easy to have to make tough choices, especially dealing with education. As lawmakers, it is disheartening to have to tell a school district that they are not going to receive any additional funds they might have expected due to a shortfall in the state budget.  Modifying our state’s foundation formula will ensure that every eligible school district receives the maximum amount of funding the state can offer. It is the best way lawmakers can provide for our state’s students and their educations.

The goal in the Senate is to craft a balanced budget without raising taxes. With this being the case, my colleagues and I have worked together to find an adequate solution that will work to aid all school districts in an equitable manner to combat fund shortages to the foundation formula. We will continue to work with the education community in order to provide the best opportunities for today’s students.

As always, please feel free to contact me or my staff with any questions or concerns at any time. We look forward to hearing your comments and suggestions and trying to answer any questions you may have. You can reach us by phone at 866-277-0882 (toll-free) or 573-751-2272, or by fax at 573-526-7381.

Senator David Pearce serves Bates, Cass, Johnson and Vernon counties in the 31^st State Senatorial District.