Foutch chosen as Republican Nominee for Assessor of Property

By a vote of 16 to 12, the DeKalb County Republican delegates Saturday nominated John David Foutch as their candidate for the office of Assessor of Property in the August 2008 General Election. Foutch, an Alexandria resident, told WJLE of his plans to run Friday night then made the announcement official on Saturday, during the Republican convention.
Foutch was selected by the narrow margin over local business woman, Sandy C. Brown, who ran an unsuccessful campaign for the office in 2004, losing to Democratic incumbent, Timothy (Fud) Banks.
Foutch was thankful to the delegates for choosing him as the Republican party candidate.
“I’d like to thank each one of you for your vote of confidence in me. I’ve been more active in the community over the last five or six years than I ever have been in my life, but I’ve had more opportunity to do so. Since you have elected me your candidate, I’ll do my best to take the State’s Property Assessor courses before the election, if I can, so when I go into the office, I’ll be ready to serve the public. If I get elected to this office, the office doors will be open anytime. I intend to be out there in the community, seeing what’s going on, and trying my best to help. There have been a lot of changes in DeKalb County the last few years. Our population growth has been something to look at. With the change that’s coming, we need some changes in some of our offices. We need to be dealing with what’s coming along. If not, we’re going to be left behind. We need to make the playing field level for everyone in the county, regardless of who you are, what your distinction in life is or what your status in life is. I think it should be level for each and every one of us.”
Foutch is also the first district member of the DeKalb County Board of Education
Meanwhile, incumbent Reed Edge announced his intention to seek re-election for the second district constable position and was nominated by the convention. No other constable candidates came before the delegation.
DeKalb County voters will be electing an Assessor of Property and Constable from each of the seven districts in the county during the General Election next August.
The Democratic nominees for these offices will be chosen in the DeKalb County Democratic Primary on February 5th.
Democrats and Independents have until noon December 13th to become qualified to run.

DeKalb County Awarded $100,000 for Health Department Improvements

The Tennessee Department of Health has presented a check for $100,000 to DeKalb County for renovations to the local health department.
Assistant Commissioner Cathy Taylor, DrPH, MSN, RN, on behalf of Governor Phil Bredesen made the presentation to County Mayor Mike Foster Friday afternoon at the health department.
Dr. Taylor, Assistant Commissioner and Chief of the Bureau of Health Services Administration, was joined by DeKalb County Health Department Director Frances Reece, Regional Health Director Debbie Johnson, and Regional Medical Director, Dr. Don Tansil.
Dr. Taylor says the money will enable the local health department to make some updates in services. “We have a check for $100,000 to enable expansion of clinical services here in the DeKalb County Health Department as well as some refurbishment of the waiting areas and some other needed improvements. We know that this is extremely important in helping improve our health outcomes, not just in DeKalb County, but across the state of Tennessee where we’re able to extend primary care and a number of other clinical services that will help us improve outcomes in those measures that we perform so poorly on in national surveys. We think this is a step in the right direction and we’re very excited.”
Director Reece says construction should begin soon after bids are awarded. “We will be going out to bid and as soon as those bids come in and they are opened, we hope to start (construction) very soon. I’m looking at possible completion late in the spring. We will be doing some renovation of the front counter to make it more private and confidential for the patients when they come in and when we do interviews with them. We will be doing new floors and new counters in updating our clinic rooms to get them more modern and to be more presentable to our patients when they come in. The DeKalb County Health Department is doing an excellent job in serving the citizens in DeKalb County and we want to be state of the art. We are proud to offer our services.”
Dr Reece says there should be no disruption of services while construction is underway. “We will not disrupt services. We have a game plan so that services will continue. We may have to move things around a little bit but we will see the patients and we will take care of everybody as they come in.”
In a press release, Governor Phil Bredesen says “It is our goal to make primary care services available throughout Tennessee near the places where our citizens live and work. By committing these financial resources to DeKalb County, the State and the Tennessee General Assembly have ensured the residents of this community will have access to these important health services.”
In the fall of 2005, the Tennessee Department of Health began offering new or expanded adult primary care services to uninsured residents of Tennessee in an effort to strengthen the state’s health care safety net. In June 2006, Governor Bredesen signed the Cover Tennessee Act, which includes initiatives to extend health coverage to uninsured children and chronically ill adults, and creates a low-cost insurance program for uninsured working Tennesseans.
“Our residents in rural areas such as DeKalb County have fewer options for seeking primary health care, so it is a great benefit to have these important services available at the county health department,” said State Representative Frank Buck.
State Senator Mae Beavers also represents DeKalb County.
“We are so pleased we were able to work with Governor Bredesen and the Legislature in supporting the provision of primary health care through our health department clinic in DeKalb County,” said Taylor. “These services are an important way to prevent serious illness and provide management of chronic health conditions.”
The DeKalb County Health Department provides an array of services, including adult primary care, family planning, immunizations, well child/EPSDT screenings, WIC and nutrition services, breast and cervical cancer screening, birth and death certificates, children’s special services, HIV testing and counseling, sexually transmitted disease testing and treatment and communicable disease control. Primary care services are offered on a sliding fee scale based on income, with a $5 minimum fee for each visit. Hours for the clinic are 8 a.m. until 4:30 p.m. Monday through Friday. Individuals wishing to make an appointment may contact the DeKalb County Health Department at 615-597-7599.

Nettie Maurene Parsley

89 year old Nettie Maurene Parsley of Smithville died Wednesday night at the Quality Care Health Center in Lebanon. She was a homemaker and attended the Cumberland Presbyterian Church. The funeral will be Saturday at 11:00 a.m. at the Chapel of Love-Cantrell Funeral Home. Franklin Bratcher will officiate and burial will be in the Bethel Cemetery. Visitation will be Friday from 10:00 a.m. until 9:00 p.m. and Saturday from 9:00 a.m. until the service at 11:00 a.m. She was preceded in death by her husband, John Parsley; five brothers, E.J., Manuel, Robert, Charlie, and Ben Taylor; and a sister, Elizabeth Sandlin. Survivors include a daughter, Ollie Mai Parsley of Madison. Two sons, David and his wife Connie Parsley and Bill and his wife Janice Parsley of Smithville. Three grandchildren, Bruce and his wife Elizabeth Parsley of Smithville, Bridgett and her husband Aaron Lloyd of Pikeville, and B.K. and his wife Kim Parsley of Illinois. Six great grandchildren, Jacob, Katherine, and Kristen Parsley of Smithville, Hank Parsley of Illinois, and Samuel and John Aaron Lloyd of Pikeville. Two brothers, Tommy and his wife Geneva Taylor of Smithville and Aubrey and his wife Polly Taylor of Lavergne. Two sisters, Emma Lee Johnson and Wilma Redmon of Smithville. Love-Cantrell Funeral Home is in charge of the arrangements.

Steve Mabe, Jr. Charged with Attempted First Degree Murder in Shooting of Donnie Stanley, Jr.

34 year Steve Mabe, Jr of 387 Lee Braswell Road has been charged with attempted first degree murder in the shooting of 32 year old Donnie Stanley, Jr.
The shooting occurred at Stanley’s home on Toad Road. It was reported to central dispatch at 8:54 a.m. Wednesday morning.
Meanwhile, Mabe’s wife, 35 year old Rachel Mabe has been charged with several drug offenses.
Sheriff Patrick Ray told WJLE Thursday morning that a search warrant was executed and served at Mabe’s residence around midnight. Officers seized more than 35 weapons, some cash, pills, and other evidence.
Mrs. Mabe was charged with possession of a schedule III controlled substance for sale and delivery (Tylenol with Codeine), possession of a legend drug (phenergan), and possession of a schedule IV controlled substance for sale and delivery (20 Xanax).
According to Sheriff Ray, Officers also found in the home a ledger which was used to record drug transactions.
Steve Mabe, Jr. is under a $500,000 bond and Mrs. Mabe’s bond is $51,500. Both will appear in General Sessions Court November 29th.
Meanwhile, Stanley remains in the intensive care unit of Erlanger Hospital in Chattanooga.
Sheriff Ray says Stanley was shot once in the right side of his face and the bullet protruded into the neck.
Sheriff Ray described for WJLE the events that occurred after the shooting leading up to the arrests of the Mabe’s. “Stanley got shot while in the doorway of his residence. He then went back to wake up another man who lives there with him. He asked his friend to call for help. After discovering that there was no phone service or electricity (the power to the home had been manually shut off and then the phone line was disconnected by someone), Stanley’s friend ran to a neighbor’s house two doors down to call for help. Stanley then jumped into a truck and drove himself to the neighbor’s house where his friend had gone, got out, went inside the residence and collapsed. By then 911 had been called and officers and DeKalb EMS were enroute. After the detectives and deputies got to the scene, Stanley told them that it was Steve Mabe, Jr. who shot him.”
Knowing that Mabe resides on Lee Braswell Road, Sheriff Ray says he went to that area and parked at D& D Market on Short Mountain Road. A deputy also arrived at the market along with a reserve deputy, who was in his private vehicle. “I saw Mabe go by in a dark colored car. I then got into the truck with the deputy and we drove by Mabe’s residence, where we saw the dark colored car parked there.”
Sheriff Ray says he and the deputy went back to D & D Market where they and other officers were going to gather before returning to surround Mabe’s home. However, before they got organized, Mabe left his home in a white S-10 pickup truck. Officers pulled Mabe over at Kilgore’s Market on Short Mountain Road, and he was taken into custody.
According to Sheriff Ray, officers then returned to Mabe’s house. “We went there to secure the house. We also took three adults and a child out of the residence, including Rachel Mabe, and brought them to the jail to be interviewed. After gathering enough information, we executed a search warrant and arrested them (Mabe’s)”
Sheriff Ray says Mabe was charged with the shooting based on the statement given by Stanley and other evidence gathered during the investigation. He says Mrs. Mabe was charged because of the drugs found in her pocket book and pill bottles as well as the ledger, which recorded drug transactions.
He says the Mabes are believed to be drug dealers in this community.
Steve Mabe, Jr. was indicted by the April term of the DeKalb County Grand Jury for sale and delivery of a schedule II controlled substance (Oxycontin) and that case is still pending.
Sheriff Ray declined to give a possible motive for the shooting. He says the case remains under investigation by the DeKalb County Sheriff’s Department and the Tennessee Bureau of Investigation.
The affidavit of complaint against Mabe states that “On November 14th, the DeKalb County Sheriff’s Department responded to a call for assistance in the Toad Road area at approximately 8:54 a.m. Deputies arrived at a residence on Toad Road. Upon arrival, they discovered Donnie Stanley, Jr. who had a gunshot wound to the right side of his face. Donnie Stanley was still able to communicate. When asked by Detective Jon Odom and then again later by Sergeant Mike Billings, “Who Shot You”?, Stanley’s reply was Steve Mabe, Jr.”
“Witnesses have provided information that Steve Mabe, Jr. was not at home on November 14th during the time that Donnie Stanley, Jr. was shot. Witnesses also provided information that Steve Mabe, Jr. returned home not long after Donnie Stanley, Jr. was shot. When he returned home, he changed his footwear from boots to tennis type shoes. Steve Mabe, Jr.’s hair and clothing were wet.”
“After hearing the emergency call to Toad Road, Sheriff Patrick Ray said he was parked at the D&D Market located near the home of Steve Mabe, Jr. Sheriff Ray further advised that he observed Steve Mabe, Jr. driving a dark colored four door sedan. Sheriff Ray stated that minutes later, he drove by Mabe’s residence and observed the same car parked at Mabe’s residence that was discovered at the Donnie Stanley, Jr. residence where the shooting had occurred.”

Lightning Suspected Cause of Barn Fire

Lightning from a passing thunderstorm may have triggered a fire Wednesday at a barn and workshop belonging to Lee Mick at 843 Old West Point Road.
Firefighters were summoned to that location around 5:00 p.m after central dispatch received a report that a barn, with some horses and hay inside, was on fire. County Fire Chief Donny Green says neighbors reported hearing a very loud clap of thunder just before discovering the fire, and since neither the barn nor shed had electricity, lightning is the suspected cause.
Green says upon arrival, firefighters found an enclosed workshop attached to the barn was on fire and that the blaze had spread to the front portion of the barn.
Green says firefighters were able to quickly extinguish the fire but the shed and all it’s contents were destroyed including several tools, a lawn mower and go-cart. He says the fire burned to the inside of the barn and got into the rafters, but the damage to the barn was minimum.
The owner and neighbors, after discovering the fire, released the horses into a fenced pasture, so they were not harmed.
Members of the Cookeville Highway and Short Mountain Highway Fire Stations responded along with officers of the Sheriff’s Department who assisted with traffic control.

John Rickey “Bumper Jack” Brown

51 year old John Rickey “Bumper Jack” Brown of Smithville died Thursday at his residence. He was in the Ready Mix Construction business. The family will have a private funeral at the request of Mr. Brown. Trent Colwell will officiate and burial will be in DeKalb Cemetery. He was preceded in death by his mother Margie Brown; two brothers, Carl Freeman Brown and Roscoe Brown; and a sister, Judy Louise Brown. He is survived by a daughter, Amber Dawn Brown of Celina. Five brothers, Glen and his wife Vonda Brown, Curtis and his wife Cathy Brown, Hoss and his wife Holly Brown, Lonnie and his wife Carol Brown, and Bruce Brown all of Smithville. Two sisters, Dorothy and her husband Gary Sanders of Woodbury and Jean Brown of Smithville. His dad, J.B. Brown of Celina. One grandson, Tyler Sharp of Celina. Two special nieces and nephews, Halea Brown and Dustin Brown both of Smithville. Several other nieces, nephews, aunts, and uncles and a host of CB friends. Love-Cantrell Funeral Home is in charge of the arrangements. The family asks that donations please be made to Love-Cantrell Funeral Home to help with funeral expenses.

$2.5 Million Wrongful Death Lawsuit Filed Against DeKalb County and Others

The widow of a former DeKalb County prisoner has filed a $2.5 million dollar wrongful death lawsuit in Circuit Court against the DeKalb County Government and others.
Bonnie Stembridge claims her husband, Barry Douglas Stembridge, died from a staph infection four months after being released from jail and that he was exposed to the disease while he was in jail.
Ms Stembridge is suing as widow, individually, and on behalf of her deceased husband, Barry Douglas Stembridge; the decedent’s son, Jason Douglas Stembridge; and the decedent’s father, Harold Stembridge.
Named as defendants in the lawsuit, in addition to the DeKalb County Government are former Sheriff Lloyd Emmons, the DeKalb County Department of Health, Detention Health Care Associates, Incorporated, John or Jane Doe (A), John or Jane Doe (B), dentist, nurse, and/or other medical personnel.
According to the complaint, The DeKalb County Government is a governmental entity which holds itself out to be responsible for the DeKalb County Jail. Lloyd Emmons, (former) Sheriff, was a publicly elected official whose responsibilities included the supervision and oversight of the DeKalb County Jail. The DeKalb County Department of Health is a governmental agency responsible for overseeing health issues within the county. Detention Healthcare Associates, Inc. is a professional corporation which holds itself out to be responsible for providing comprehensive inmate healthcare to detention facilities including the DeKalb County Jail.
D. Russell Thomas and Herbert M. Schaltegger of Murfreesboro are the attorneys for the plaintiff.
Ms. Stembridge alleges that during Barry Stembridge’s incarceration in the DeKalb County Jail from Decemeber 19th, 2005 through on or about July 20th, 2006, Mr. Stembridge had approximately eight teeth removed by medical personnel.
According to the lawsuit, “During the time period in which Mr. Stembridge had approximately eight teeth pulled, there was a known outbreak of staph infection within the jail. Despite having knowledge of the presence of staph and the threat of infection, medical personnel proceeded to pull Mr. Stembridge’s teeth and failed to administer any antibiotics or any other precautionary measure to prevent the contraction of staph infection.”
“Mr. Stembridge was released from jail on or about July 20th, 2006. On or about November 15th, 2006, he began experiencing back pain and late that night was admitted to the hospital. Mr. Stembridge died on November 20th, 2006. The final diagnosis by the attending physician was staphylococcal sepsis. The immediate cause of death named on the Tennessee Department of Health Certificate of Death is also staphylococcal sepsis.”
Ms. Stembridge claims that it was negligence to pull the teeth in an environment with such risk of exposure to staph and that it was further negligence to fail to administer any antibiotic or any other precautionary measure to prevent the contraction of staph following the dental procedures.
She further alleges that “the dentist and/or medical personnel, John or Jane Does, failed to act in accordance with the standard of care prevailing in the community or in similar communities at the time of their acts and failures to act as alleged herein. Their acts and failures to act resulted in damages which otherwise would not have occurred had they met the standard of care. The breach of the standard of care set out above resulted in damages to plaintiffs which otherwise would not have occurred had they complied with the standard of care which was breached.”
“Detention Healthcare Associates, Incorporated failed to meet its professional obligation to the inmates of the DeKalb County Jail to furnish medical services within the standard of care prevailing in same or similar communities. Either clinical pathways were not in place, or not followed. It was negligence on the part of Detention Healthcare Associates, Inc. not to have such or follow such a breach of standard of care prevailing in the community or in such similar communities, resulting in the injuries which otherwise would not have occurred and in damages to the plaintiff which otherwise would not have otherwise occurred. Further, Detention Healthcare Associates, Inc, is liable for the dentist and medical personnel’s acts and failures of act upon the theory of agency.”
Ms. Stembridge alleges that “prior to his death, Barry Douglas Stembridge had pain and suffering, a loss of enjoyment of life, was in mental anguish over his physical condition, and ultimately died as the result of the failure of the defendants to properly prevent the contraction of staph. As a consequence thereof, he was deprived of his earning capacity and his heirs at law as dependents were deprived of his earning capacity and suffered pecuniary losses. His loss of capacity to earn which will be calculated and shown to the court and jury in this matter amounts to tens of thousands of dollars of losses. The cause of action for these losses inures to the benefit of the family. There were other out-of-pocket expenses incurred which were incidental and consequential damages consisting of expenses of the ambulance trip to the hospital, hospital emergency room charges, hospital treatment, and other expenses. Plaintiff specifically brings this cause of action pursuant to (state law) which codifies the right to proceed as heirs.”
“Bonnie Stembridge claims that “she has been deprived of the companionship, society, counsel, and marital relationship with her husband. Thus, she brings her cause of action for loss of consortium alleging that she is entitled to a cause of action as an heir at law but also individually she has an independent theory of recovery for the loss of her husband whom she was living with and for whom she deeply cared.”
“Jason Douglas Stembridge brings a cause of action for loss of consortium as he is deprived of his father’s companionship, guidance, counsel, friendship, and the normal parent/child relationship which was close and which was cut short due to the acts and failures to act of the defendants. This separate claim is not objected to by the widow.”
“Harold Stembridge brings a cause of action for loss of consortium as he is deprived of his son’s companionship, counsel, friendship, and the normal parent/child relationship which was close and which was cut short due to the acts and failures to act of the defendants. This separate claim is not objected to by the widow.”
Ms. Stembridge is asking that “they (plaintiffs) be permitted a recovery in this cause in the amount of $2.5 million dollars, in total, that the consortium claim be reported separately from the other damages requested, all damages permitted by law, discretionary costs, general relief, a trial by jury, and the clerk’s costs.”

Phillip David Lack

47 year old Phillip David Lack of Murfreesboro died Saturday at NHC of Lewisburg. He was born in Rutherford County and was the son of the late Charles Edward and Barbara McCullough Lack. He was a member of the Baptist Church and a former owner and operator of Express Lube on Broad Street in Murfreesboro.The funeral will be Thursday at 10:30 a.m. at Woodfin Memorial Chapel in Murfreesboro. David Ash and Marvin Davis will officiate and burial will be in the Evergreen Cemetery. Visitation with the family will be Wednesday from 4:00 p.m. until 8:00 p.m. at Woodfin Memorial Chapel. He is survived by a daughter, Danielle Lack of Murfreesboro. A son, Alan Lack of Smithville. Sisters, Suzette Robertson and her husband Calvin of Murfreesboro and Vickie Lack and her husband Chris Kanemitsu of Georgetown, Indiana. Several nieces and nephews also survive. Woodfin Memorial Chapel in Murfreesboro is in charge of the arrangements. This information was provided as a courtesy of Love-Cantrell Funeral Home.

Andrew Bert Horvath

59 year old Andrew Bert Horvath of Smithville died Saturday at the V.A. Hospital in Murfreesboro. He was an Aircraft Fabricator with AVCO. Horvath was also a U.S. Army veteran and served in Vietnam. A memorial visitation will be Wednesday from 5:00 p.m. until 8:00 p.m. at Love-Cantrell Funeral Home. Burial will be in the Elmridge Cemetery in Muncie, Indiana. He was preceded in death by his father, Bert Horvath; a daughter, Andrea Horvath; a brother, Gary Horvath; and his mother-in-law, Jane Cook. Survivors include his wife, Janie Cook Horvath of Smithville. A daughter, Missy Sawyer and a granddaughter, Carolynne Sawyer both of Florida. His mother and step-father, Freda Horvath and Rolland Canada and a sister, Dianne Hill all of West Virginia. A brother, Gene and his wife Sharon Horvath of Washington. A sister-in-law, Brenda Horvath of West Virginia and his father-in-law, Johnny Hugo Cook of Smithville. Love-Cantrell Funeral Home is in charge of the arrangements. The family asks that donations be made,in lieu of flowers, to the Ronald McDonald House, Saint Jude Children’s Hospital, the VFW, or to the American Legion.

One Man Recently Sentenced, Charges Against Two Others Dropped In Year Old Shooting Case

The final chapter in a September 2006 shooting may have been written with one man having recently been sentenced and charges against two others dropped.
26 year old Garth Cantrell, who was indicted in April on a charge of attempted first degree murder in the shooting of 22 year old Joseph Givens last September on White Street in Smithville entered a plea by information on September 27th to a charge of aggravated assault and received a four year sentence. He also entered a plea to a charge of possession of cocaine, in a separate case, and received another four year sentence. Both sentences are running consecutively for a total of eight years. He must pay a $2,000 fine in the drug case.
After the shooting, Cantrell sought criminal charges against Givens and another man, Raymond L. Knox, Jr. claiming they beat him up prior to the shooting. Givens and Knox were indicted in August by the DeKalb County Grand Jury on an assault charge, but Criminal Court Judge David Patterson dismissed the charges against them upon request of the District Attorney General on October 26th.
On the night of the shooting, Cantrell was allegedly pulled from an automobile and assaulted by Givens and Knox. After the attack, Cantrell left, but apparently returned later with a rifle and allegedly shot Givens, causing serious bodily injury.
Givens was taken to Vanderbilt Hospital and was later released.
While free on bond, Cantrell was arrested again in May on the drug charge during a graduation night road block.
Cantrell was given credit for the 332 days he spent in jail waiting disposition of the case and is now incarcerated in the Tennessee Department of Corrections at the Brushy Mountain Correctional Complex. Cantrell will be eligible for parole on January 8th, 2008. His sentence is scheduled to end on July 30th, 2014.