Alabama Man Returns to Face 2015 Burglary and Theft Charges

December 25, 2019
By: Dwayne Page

An Alabama man has been returned to DeKalb County to face charges stemming from a 2015 burglary and theft.

36 year old Derik Keith Gulley of New Hope Alabama was arrested on December 16 for aggravated burglary, theft of property, and being a fugitive from justice. Gulley’s bond is $85,000 and his court date is January 30.

Sheriff Patrick Ray said that on April 22, 2015 Gulley broke into a home on Pea Ridge Road, Liberty by prying open a basement door. Once inside he stole several items of jewelry and later sold them to a pawn shop in Murfreesboro. Those items were recovered in 2015.

According to Sheriff Ray the delay in bringing Gulley to justice here is because he has been incarcerated elsewhere on other charges. He was picked up and returned to DeKalb County from Lincoln County on December 16. Meanwhile it has been discovered that Gulley is wanted in Huntsville, Alabama for a probation revocation resulting from the burglary of a vehicle there. Authorities in Alabama plan to extradite Gulley back there once he faces his charges here.

25 year old James Dillan Matthews of Page Drive, Smithville is charged with assault. His bond is $3,500 and he will make a court appearance on January 9.

Sheriff Ray said that on December 14 Matthews, an inmate at the jail, assaulted another prisoner by hitting him in the head multiple times and punching him. The assault was captured on jail surveillance video.

44 year old Richard Leon McDaniel, Jr. of Hayes Ridge Road, Lancaster is charged with unlawful possession of a weapon. His bond is $5,000 and he will be in court January 9.

Sheriff Ray said that on December 16 a deputy went to McDaniel’s home on Hayes Ridge Road to recover property under a court order and found a loaded Taurus .38 special revolver. McDaniel admitted that he was a convicted felon. Records show that he was convicted for aggravated assault in 2016.

December 24, 2019
By: Dwayne Page

The American Cancer Society invites you to make a special donation in honor or in memory of a loved one during the holiday season through “Love Lights a Tree”. A special memory board is located on the south side of the courthouse that lists the names of loved ones.

The DeKalb County Unit of the American Cancer Society seeks your support in the “Love Lights a Tree” fundraising campaign to raise money for research to find a cure as well as cancer education and patient services. Donations may be made throughout the holiday season. The persons you honor or remember do not necessarily have to have suffered from cancer.

The names are in “honor of” and in “memory of” for a donation of five-dollars per name. Forms may be obtained at the local banks. For more information, contact Ivadell Randolph at 615- 597-5296, Lynda Luna at 615- 597-5837, Renee Cantrell at 615-684-2688, or Gail Taylor 615-597-5936.

The names of 2019 Honorees are as follows:

Billy Adcock, Loretta Adcock, Lisa Anderson, Buck Bain, Tracie Webb Baker, Kim Banks, Era Billings, Jean Cook, Andrew Jackson Dakas, Ronnie Mack Davis, Marlene Delong, Earl France, Radley Hendrixson, Edie Hobson, Eddie Hobson, Cameron Miller, Jo Ann Newbell, Joey Phillips, Carolyn Sheets, Margie Smith, Gail Taylor, Lavelle Turner, Dr. J.C. Wall, Sandra Wall, and Susan L. Young

Those in memory are as follows:

Linda Adcock, John W. Akin, Mai Akin, Linda Armour,

Tony Bailey, Rose Bain, Margie Barrett, Floy Beshearse, Shirley Beshearse, Wayne Beshearse, Virginia Browning,

Jeremy Caldwell, Joshua Caldwell, Martha Cathcart, Will Cathcart, Truman Campbell, Elaine Close, Bob Cook, James (Buddy) Cook, Pam Baker Cook, Rubye Cook, Thomas Cripps, Eva Crook, Grady Crook, Will Allen Crook, Jimmy Curtis, Ralph Curtis,

Harold Dawes, Elsie Driver, Emily Durham, Tony Durso,

Ruth Elder, Violet Jo Evans,

Willie Foutch, Laura Fox, Billy J. France, James Alvie France, Nettie Franks, Leonard Freeman, Sr., Leonard “Buddy” Freeman, Jr., Margaret Freeman,

James J. Goodwin, Royce Lee Givens, Jr., Mary Ruth Groom, Leonard Gwyn,

Brownie Haley, Wiley Hancock, Lucille Cook Harris, Bobbye Harrison, Esker Harrison, Eva Harrison , G.D. Hendrixson, Margaret Hendrixson, Jo Ann Henry, Betty J. Herndon, Edward Hobson, Ronnie Hobson, Jimmy Hullett,

Betty Johns, Wanda Johns, Annie Rhea Johnson, Bryan Johnson, McKinley Jones, Troy Jones, Jr., Earl Judkins, Len Judkins, Linda Judkins, Margaret Judkins, Marie Judkins,

Lori Ann Kelsey, Wanda Knox,

Cason Alan Lack, Olene Lockhart, Fay Lohorn, Brackett Luna, Nadine Luna,

Austin Magness, Christine Magness, Ida Malone, Nelda McEntyre, T.C. McMillen, Janette Moss, Amy Lynn Miller, Lenorea Mullinax, Cleta Murphy, Michael Murphy,

John Newbell, Leonard Nixon, Lorene Nixon,

Ann Pack, Donald Pack, Harvey Pack, Josie Pack, J.W. Pack, Calysta Pedigo, Everett Pedigo, Melody Pharris, Donna Phillips, Nina Phillips, Alice Potts,

Evelyn Ramsey, Clyde Randolph, David Randolph, Harold Randolph, Marion Randolph, Mary Randolph, Everett Redmon, Leonard Redmon, Noel Redmon, Odell Redmon, Sabra Redmon, Christine Reeder, Phyllis Roller, Horace Rosson,

Bettie Sandlin, Ewin Sandlin, Zona Selby, Dale Scott, Robbie Scott, Donald Smith, Nan Smith, Virgil Smith, Jordan Steinbach,

Albert Taylor, Buddy Taylor, Cora Taylor, Kenneth Taylor, Ruth Taylor, U.B. Taylor, Winnie Taylor, Doyle Thomason “Fonz”, Shelby Tittsworth, Debbie Tuggle,

Betty Nixon Vickers, Greeley Vickers,

Green Wall, Maud Wall, Delton Washer, Houston Washer, Chris Webb, Dennis Webb, Ruth Webb,

Mary Violet,

Marie Young

December 24, 2019
By: Dwayne Page

The Chancery Court is being asked to intervene in a dispute over the status of roads in the Hurricane Pointe Subdivision located off of Coconut Ridge Road.

The county contends that the roads in question are not “county roads” but the Hurricane Pointe Homeowners Association believes they do belong to the county and has filed a petition in Chancery Court seeking a declaratory judgment. The homeowners want the court to declare that these are public roads and that the county is responsible for maintaining them.

The lawsuit was filed in DeKalb County Chancery Court on March 18. The county filed an answer on September 6.

According to the homeowners group, the roads have fallen into a state of disrepair and now pose a danger to anyone who travels them. The specific roads in question are Williamson Circle, Davidson Road, Patrick Court, Mica Court, Maury Lane, Wilson Circle, and Rutherford Lane.

In its answer, the county asserts that “the roads in Hurricane Pointe Subdivision are not on the official DeKalb County Road list and are not shown as county roads on the official DeKalb County Road Map. The developer failed to obtain approval of the roads in the subdivision by the DeKalb County Commission. The complaint fails to state a claim upon which relief can be granted,” the county contends.

According to the petition, the developer of the subdivision was Waterfront Group Tennessee, LLC. and that on August 9, 2004 the DeKalb County Regional Planning Commission approved a preliminary plat with 73 lots with an additional 95 lots in two other phases for the subdivision. The first section was completed September 23, 2004; the second section October 25, 2004; and the third section was finished May 26, 2005.

The homeowners group contends that the planning commission and the DeKalb County Road Supervisor at that time worked closely with the developer and continuously communicated with one another to insure that the roads were being constructed to the appropriate standards.

The petition further states that the county inspected the roads within the development and the preliminary plats of the subdivision were presented to the DeKalb County Regional Planning Commission for approval. The plats were subsequently approved unanimously by the planning commission and recorded in the Register of Deeds Office.

In its answer, the county asserts that “DeKalb County relies on (state law) which provides that the approval of a plat by the Regional Planning Commission shall not be deemed to constitute or effect an acceptance by any county or by the public of the dedication of any road or other ground shown upon the plat.”

The homeowners claim that the roads in the subdivision were approved by the county, that the bond posted by the Waterfront Group was released upon completion, inspection, and approval of the roads, that the county’s engineer visited the site on several occasions, and that the roads were later maintained under the supervision of DeKalb County.

“DeKalb County denies that the roads in the Hurricane Pointe Subdivision are continuously worked under the supervisions of DeKalb County or its agents,” the county answers.

According to the homeowners, the developer complied with every request or demand made in furtherance of having the roads within Hurricane Pointe Subdivision accepted by DeKalb County and that the developers’ bond was released by the planning commission evidencing that the roads had been completed to the county’s specifications and requirements.

“It is admitted that the developers bond was released by the DeKalb County Regional Planning Commission but denies that the roads were completed to the Planning Commission’s specifications,” the county claims in its answer.

As further evidence, the homeowners claim that the county previously spent tax dollars maintaining the roads using county road department employees, dump trucks and equipment to do asphalt and ditch work, and supplied stop signs; that the county refused to allow them (homeowners group) to place gates at the entrance of the subdivision; that the residents of the subdivision purchased their lots/homes with the understanding and belief that the roads were county roads; and that the residents and general public continue to use the roads.

The homeowners further assert that the roads are used by mail carriers, emergency vehicles, school buses, sheriff’s department patrols, and the public at large including to a cemetery within the subdivision.

Hurricane Pointe Homeowners Association is represented by the Law Offices of Moore Rader Fitzpatrick & York PC in Cookeville.

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