Smithville Municipal Judge Hilton Conger may decide soon whether horses, being kept on a small lot between Luttrell and Anthony Avenue must be removed, based on alleged violations of city property maintenance regulations.
The owner of the horses, Seth Billingsley has been cited into city court by the police department. Chief Richard Jennings says he surveyed the property last Friday, November 23rd and found probable cause to issue the citation.
Seth and his wife Janohn Billingsley reside at 857 Anthony Avenue.
The citation alleges that Seth Billingsley is in violation of a city ordinance in regard to:
“Health and Sanitation nuisances.”
The ordinance states that “It shall be unlawful for any person to permit any premises owned, occupied, or controlled by him to become or remain in a filthy condition, or permit the use or occupation of same in such a manner as to create noxious or offensive smells and odors in connection therewith, or to allow the accumulation or creation of unwholesome and offensive matter or the breeding of flies, rodents, or other vermin on the premises to the menace of the public health or the annoyance of people residing within the vicinity.’
The ordinance also states that “No animal or fowl shall be kept in such a place or condition as to become a nuisance either because of noise, odor, contagious disease, or other reason.”
Billingsley is to appear in city court on the citation Tuesday, December 4th at 9:00 a.m. Billingsley, who plans to contest the citation, has hired attorney Sarah Cripps to represent him. Cripps says she plans to ask for a one month delay to give her more time to prepare for the case.
On September 17th concerned citizen Walter Foster, a resident of Miller Road, came before the Smithville Mayor and Board of Aldermen complaining about two to four horses being kept on a small lot near his home on Luttrell Avenue. Foster said the animals were drawing flies to the area, causing a public nuisance. The lot is also located across the street from the home of Alderman Willie Thomas, and he too is opposed to the horses being there.
A petition was presented to the board bearing signatures of 68 people.
At that meeting, the city board voted to have Special Health Officer Designee Eugene O’Neil make a personal contact with the owners and follow up with a letter, giving them notice to remove the horses.
O’Neil, in his letter to Seth Billingsley dated September 19th, stated that ” You are advised, due to many complaints received by the Mayor and Board of Aldermen to remove the horses creating unwholesome matter (manure) causing the breeding of flies and offensive smells and odors on the premises. Removal of the horses is to be accomplished within 30 days of receipt of this notice.”
On September 26th, the Billingsley’s responded with a letter to Mayor Taft Hendrixson stating that they were contesting the order to remove the horses by October 19th and requesting that the order be rescinded for the following reasons:
“Although Animal Control was called, they admitted to us via a phone conversation that the letter giving us 10 days to correct alleged violations was not initiated after any type of inspection/report, either before or after the ten days. Moreover it was said that it was done as a courtesy to the neighbor inciting the conflict who is an alderman.”
“The DeKalb County Humane Society inspected our property and found absolutely no violations of any type. Further, the premises were found to be in exceptional condition.”
“The building inspector, Mr. O’Neil, voiced his opinion when coming out to inspect the property stating that he found no violations. He also stated he came out as a courtesy to the alderman who is inciting the problem. (Note that the building permit was granted for a horse barn, over a year ago).”
“We respectfully contest Mr. O’Neil’s credentials as a “Special Health officer Designee”
“The pastor of the Temple Baptist Church on Miller Road has written saying that he and the congregation have no objections to the horses being there. Furthermore, a large number of neighbors have said that they see nor smell a problem with the horses and would be willing to file their own petition.”
“We also contest the petition signed at the city board meeting as it lacks validity as it: (a) had no heading to indicate to signers exactly what they were signing and (b) was signed by minors, residents outside the city limits, and residents not living within a relevant distance.”
“Our property has never been in a filthy condition as outlined in the law, nor has it ever been allowed to accumulate manure or any other offensive material. As there is no evidence to show any violations of the city laws, the prejudiced complaints from neighbors cannot be construed as sufficient to effect punitive action on the part of the city. Complaints of this nature are for municipal court.”
The letter goes on to state that “Mrs Billingsley is in the last trimester of pregnancy and her health practitioners have repeatedly warned her that the stresses of these allegations are seriously endangering the life of her baby.”
Mrs. Billingsley has since given birth to the child. She now claims that the baby was born prematurely and that the infant is experiencing complications.

A Dowelltown woman, charged with forgery and theft, is among those arrested within the past week by the DeKalb County Sheriff’s Department.
Sheriff Patrick Ray says 31 year Carla Denise Chapman of Snow Hill, Dowelltown was charged on Monday, November 19th with twenty counts of forgery and two counts of theft of property under $500. According to Sheriff Ray, On June 12th Chapman allegedly stole blank checks from a residence on Snow Hill Road Dowelltown, forged the victim’s checks, and went to various businesses and cashed them. Then on October 31st, Chapman went to a residence on Old Snow Hill Road, Dowelltown and allegedly took various checks out of the victim’s truck, forged the victim’s checks, and went to various businesses and cashed them. Chapman is under a total bond of $210,000 and her court date is November 29th.
44 year old Raymond Dean Martin of Parsley Road, Smithville was arrested on Monday, November 19th for DUI, simple possession, and resisting arrest. According to Sheriff Ray, Martin was stopped for a traffic violation on Redmon Road, Smithville. After administering field sobriety tasks, deputies found Martin under the influence. Martin also had in his possession a cigarette pack in his back pocket containing marijuana and one Xanax pill. Sheriff Ray says after Martin was placed under arrest, he became uncooperative and refused to have handcuffs placed on him. Martin stated to the deputy “I’m getting back in my truck and going home.” Martin was subdued, cuffed, and placed in the back of the patrol car. Total bond for him is $65,500 and his court date is November 29th.
On Tuesday, November 20th, 43 year old Ricky Hendrixson of A.B. Frazier Road Smithville was charged with disorderly conduct and resisting arrest. Sheriff Ray says deputies responded to a call on Ferrell Road and found Hendrixson passed out in his truck which was parked in a field. After Hendrixson was awakened, he became very violent and uncooperative. Hendrixson was placed under arrest and his court date is set for January 3rd.
36 year old Paul Charles Pearson of South Congress Boulevard, Smithville was charged Wednesday, November 21st with DUI (2nd offense), driving on a revoked license (4th offense), and sale and delivery of a controlled substance (Cycloberzaprine). Sheriff Ray says Pearson was stopped on Highway 70 East for a traffic violation. After administering field sobriety tasks, deputies found Pearson under the influence and also found him to be driving on a revoked driver’s license. Deputies found 18 Cycloberzaprine pills in his possession. Total bond was set at $31,000 and his court date is November 29th..
32 year old Ernest Paul Barnwell of J.E. Evins Avenue, Smithville was charged Friday, November 23rd with aggravated burglary and theft of property over $5,000. Sheriff Ray says Barnwell entered a home on November 19th without the owner’s consent on Lassiter Road and stole over $5,000 worth of belongings such as jewelry, cameras, DVD players, a purse, and other items. Barnwell’s bond was set at $125,000 and his court date is November 29th.

The mobile home of Teresa Stanley at 352 Adcock Cemetery Road was damaged in a fire around 3:00 a.m. Monday morning.
County Fire Chief Donny Green says Ms. Stanley told firefighters that she was awake when the fire started. According to Ms. Stanley, she heard a very loud popping sound, looked down the hall and saw fire and smoke coming from an electrical breaker box.
She got out of the trailer safely and went across the street to contact 911. She then stayed with a neighbor while firefighters fought the blaze.
Green says although there was some smoke throughout the structure, the fire was contained to the hallway and a bathroom of the residence. Ms. Stanley’s personal belongings were also saved.
Members of the Midway, Cookeville Highway, and Short Mountain Highway stations responded along with a tanker truck. EMS was also on the scene as a precaution, but there were no injuries.

A 38 year old woman has been charged by Smithville Police with intent to manufacture methamphetamine.
Kathy Ann Roller of Rollertown Road is under a $25,000 bond and her court date is November 29th.
Officer Bradley C. Tatrow’s report states that “On Monday, November 19th at 4:47 p.m. I received a call that a subject had been in Smithville Food Lion and purchased a large amount of iodine. Upon arrival I noticed a vehicle matching the description in the area .The vehicle was at Rite Aid. I stopped the vehicle in front of Food Lion for failure to yield entering a highway. Upon stopping the vehicle I made contact with Roller. I asked her if she would consent to a search of her vehicle for any illegal items. She consented and upon a search, I found two bottles of iodine shoved into the crack of the seat. I also discovered a pack of ten 240 mg sudafed tablets. Roller had bought the two bottles of iodine at Smithville Food Lion and then went to Rite Aid and purchased the sudafed. She was placed under arrest.”
50 year old Terry W. Kent of 550 Round Top Road, Alexandria was charged with a first offense of driving under the influence on Saturday, November 17th. His bond is $1,500 and he will be in court December 6th.
Officer Matt Holmes report states that “On Saturday, November 17th at 4: 42 p.m., I responded to a possible drunk driver on West Broad Street. I got behind the vehicle and observed it weaving on the roadway several times and driving in the center lane. Upon stopping the vehicle at Broad Street and Juniper June and speaking to the driver, I noticed a strong odor of an alcoholic beverage on his person. He was very unsteady on his feet. He refused to submit to a blood alcohol test and would not perform any field sobriety tasks. He did admit to drinking alcohol and did submit to a breathalyzer and blew a 0.25”
20 year old Gilberto Acuna of 301 Old Dry Creek Road, was charged with leaving the scene of an accident with property damage on Tuesday, November 20th. His bond is set at $1,000 bond and his court date is November 29th.
The arrest warrant states that states that “On November 18th on Summer Street, Acuna was operating a motor vehicle and sideswiped Eden Nokes’ vehicle and did not stop or report the accident, doing less than $500 in damage.”
He later turned himself in at the police department.
Officer Tatrow’s report states that “On Tuesday, November 20th at approximately 5:00 p.m., Acuna came to the Smithville Police Department to turn himself in. He stated that around 6:30 p.m. to 7:00 p.m. on Sunday, November 18th, he was driving on Summer Street in Smithville. The road is very narrow. Another car was coming toward him. Acuna and the other car both stopped. Both of them then began driving at the same time. There was not enough space to pull over and they hit each other. Acuna says he left the accident because he was scared.”
Smithville Police also filed a report on a theft Sunday, November 18th.
Officer Travis Bryant’s report states that “On November 18th, I responded to 670 Miller Road, in regard to a stolen lap top computer. Upon arrival I spoke with Helen Lowery who advised me that sometime between Friday and Sunday someone had come into the apartment of Victor Lewis and taken a Dell Lap Top and had moved some items around in the apartment. No one else had access to the apartment. The lap top was valued at $1,000.”

DeKalb County’s unemployment rate for October was 4.3%, up from 4.1% in September but still down from 4.8% in October, 2006.
DeKalb County’s Labor Force in October was 10,290. A total of 9,850 were employed and 440 were unemployed.
Tennessee’s seasonally adjusted unemployment rate for October was 4.6 percent, down from the September rate of 4.7 percent. The United States’ unemployment rate remained unchanged from a month ago at 4.7 percent.
County non-seasonally adjusted unemployment rates for October show 41 counties decreased, 40 counties increased and 14 counties remained the same.
Knox County registered the state’s lowest county unemployment rate at 3.3 percent. Lincoln County followed at 3.4 percent. Maury County had the state’s highest at 8.7 percent, followed by Marshall County at 8.2 percent.
Knoxville had the state’s lowest major metropolitan statistical area (MSA) rate at 3.5 percent, . The Nashville-Murfreesboro MSA remained unchanged from September’s 3.7 percent. The Chattanooga MSA was 4.0 percent and the Memphis MSA remained unchanged from 4.9 percent in September.

As part of the effort to StopLitter™ in Tennessee, Governor Phil Bredesen and TDOT Commissioner Gerald Nicely today awarded Dekalb County with a litter grant in the amount of $29,237.
“Each year volunteers pick up nearly 25.5 million pounds of roadside litter,” said Bredesen. “Litter is an eye-sore, it’s costly to clean up and can be harmful to our environment, but it’s totally preventable. These funds will be used by counties across the state to organize their pick-up efforts and conduct educational campaigns to teach children and adults about the importance of keeping Tennessee beautiful.”
“It’s time people realize that the roadside is not a trash can,” said Representative Frank Buck. “I support all efforts to educate people on the consequences of littering in Tennessee and encourage citizens to report litter when they see it happening.”
Litter grant funds are distributed annually by TDOT to all 95 Tennessee counties.
“TDOT awards approximately $3 million each year to help local communities in their efforts to stop litter in Tennessee,” said Nicely. “These funds are obtained through the collection of a specialty tax on the malt beverage and soft drink industry through the Litter Grant Bill which was enacted by the General Assembly in 1981.”
The funds that each county receives are determined by county road miles and county population in order to ensure an equitable distribution statewide. Funds must be used for litter pick-up activities and litter prevention education. Education funding can be used in a variety of ways, such as sharing litter control awareness with schools, citizens and businesses.
Through the litter pickup program, approximately 25.5 million pounds of roadside litter was picked up on approximately 292,000 miles of county roads, and approximately 45,000 miles of state routes.
To find out more about Tennessee’s Litter Grant program, please visit: http://www.tennessee.gov/tdot/environment/beautification/littergrant.htm