Woman Accused of Tasing Five-Year-Old Gets Two Year Sentence for Child Abuse

September 10, 2024
By: Dwayne Page

A woman indicted last summer on aggravated child abuse charges for allegedly using a taser on a five-year-old child appeared in DeKalb County Criminal Court today (Tuesday) where she received a two-year sentence.

40-year-old Nikesha Danielle Cooper, who had been indicted on three counts of aggravated child abuse and six counts of child abuse, entered a plea to two counts of child abuse and received a two-year sentence in each case to run concurrently. Cooper is to serve 100% of the sentence but she has already been given jail credit for 411 days.

The case against a co-defendant, 36-year-old Mark Dwayne Cantrell remains pending in court.

According to the nine-count indictment returned by the grand jury in July, 2023, the offenses occurred on or about August 26, 2021 when the child was five years old until August 25, 2022. The child’s date of birth is July 27, 2016. The youngster is now eight years old.

“This was a situation where a taser was used on the child”, District Attorney General Bryant Dunaway told WJLE in July, 2023.

Both Cantrell and Cooper were co-indicted for two counts of aggravated child abuse and four counts of child abuse. Cooper was also indicted for one additional count of aggravated child abuse and two additional counts of child abuse.

The counts against the two for aggravated child abuse allege that “On or about August 26, 2021 to August 25, 2022 in DeKalb County and before the finding of this indictment, Cantrell and Cooper did unlawfully, knowingly, and other than by accidental means, abuse (victim), a child under 18 years of age, such act of abuse, neglect, or endangerment was especially heinous, atrocious or cruel, or involved the infliction of torture to the victim, thereby committing the offense of aggravated child abuse in violation of state law”

The counts against Cantrell and Cooper for child abuse allege that “On or about August 26, 2021 to August 25, 2022 in DeKalb County and before the finding of this indictment, Cantrell and Cooper did unlawfully, knowingly, and other than by accidental means, abused or neglected, and inflicted injury on (victim), a child under 18 years of age, such act of abuse or neglect so as to adversely affect the child’s health and welfare, thereby committing the offense of child abuse in violation of state law”.

September 10, 2024
By: Dwayne Page

The Scottish Rite Chapter of Dekalb County would like to recognize the winner of this year’s $1,000 scholarship award to Ms. Abby Cross of Dowelltown.

Abby is very excited for this next chapter in her education and will be attending Tennessee Tech University this fall. Abby plans to major in Nursing and be involved in clubs such as The Women’s Ministry and Delight.

The Scottish Rite encourages all Dekalb Co. seniors to participate in the scholarship program by presenting a short essay for consideration. For more information and details on next year’s scholarship opportunity please see Mrs. Lorie Myrick.

September 10, 2024
By: Dwayne Page

The Smithville beer ordinance will remain unchanged!

During Monday night’s regular monthly meeting, the aldermen voted 3 to 2 against amending the city beer ordinance to eliminate the 400-foot distance requirement between a church or school and businesses seeking an on-premises consumption permit. Had it been approved the ordinance amendment would have only applied to the C-2 zone which is the downtown business district and none of the other existing regulations in the ordinance would have been changed.

Alderman Jessica Higgins made a motion to approve the amendment removing the 400-foot distance requirement and Alderman Danny Washer offered a second to the motion, but they were the only two who voted in favor. The remaining three Aldermen, Donnie Crook, Beth Chandler, and Shawn Jacobs voted against changing the ordinance.

Prior to the vote Mayor Josh Miller explained that he had recently asked Election Administrator Dustin Estes if this issue could have been placed on the ballot in the form of a referendum. Estes said he contacted the state and the answer was no.

Under the existing ordinance, the language states that “In no event will a permit be issued authorizing the manufacture or storage of beer, or the sale of beer within 400 feet of any school or church. The distance requirement shall be measured in a straight line from the primary entrance of the establishment seeking a permit to sell beer to the primary entrance of the school or church”.

Had the amendment removing the distance requirement been adopted on first reading, a second reading would have been required followed by a public hearing at the next meeting of the mayor and aldermen. With the measure having been defeated on first reading, the issue is dead for now.

Some business owners downtown who sought a change said the existing beer ordinance with the distance requirement is unfair to those who would like to apply for a city beer permit but can’t because they are within the 400-foot boundary. Currently, two businesses downtown have permits to sell beer but one of them got their license through the state for the sale of high gravity beer.

Downtown businessman Tony Luna, who raised the issue with the mayor and aldermen in June, again addressed them Monday night. Luna was one of four people to speak during the public comment period.

“It’s about fairness,” said Luna. “We, the downtown business owners are committed to revitalizing our downtown area and there are key strategies that we believe will help us survive and thrive rather than merely making our businesses a hobby. Number one is to extend the business hours. We need to create compelling reasons for business owners to stay open later. Currently, downtown largely shuts down at 5 p.m. but events like First Friday have shown great success in attracting visitors. Removing the 400-foot ordinance could attract more businesses which would mean all of us could stay open later. This would create a more inviting environment for businesses to come to our downtown area,” explained Luna. “I have been working closely with the county commission to raise the bed (hotel/motel) tax from 5 to 8%. This increase would project and generate approximately $125,000 annually for advertising. These funds would attract more visitors, increase tax revenue, and ultimately provide greater financial benefits for all business owners enabling us to enhance and grow our businesses even more,” Luna continued. “We all benefit from removal of the 400-foot ordinance. The state laws have already changed. We can already get beer (through the state). We can already get whiskey or whatever you want downtown (through the state). We just want to match what the state is doing so we can get domestic beers and do what we need to do downtown. It just brings us up to date,” said Luna.

Ken Fennell also asked the aldermen to adopt the amendment removing the 400-foot distance requirement. He and his wife own a business downtown. “All we are talking about is regular beer,” said Fennell. “The state regulates alcohol. The state regulates wine. The city cannot control that. A bourbon whiskey bar can go on any corner, any building downtown at this moment as long as they comply with the state requirements. The current city ordinance isn’t balanced. Its frankly unfair,” said Fennell. “Some places we can have beer. Other places can’t solely based on an inconsistent imaginary line so to speak. Most rural counties and cities are struggling with aging infrastructure and costs. The costs of construction and labor is up 35% in just over three years’ time. Individual cost of living for families is at an all-time high. City residents and small business owners don’t want higher taxes, property taxes, or whatever to pay for aging infrastructure. We need to find ways to pay for that to bring more revenue into the city. Smithville is losing revenue daily to Sparta, McMinnville, Cookeville, Gainesboro, you name it. Carthage as well. Not just from weekenders that come to the lake but others too that maybe want to go to a place like Collins River to have some barbeque and a beer. We go down there and spend 60 or 70 dollars and then walk around and maybe buy a couple of things at the shops down there. The next thing you know we’ve spent $100 which probably paid for that waitress’s salary, that cook’s salary, that dishwasher’s salary. They in turn buy groceries in that town and in that county. That money never comes back up here. We’re losing out on that every day. It’s simple economics. Spend the money here in the city, the money stays in the city and it circulates without impacting business owners and residents in the future with taxes or other things. How can we expect Smithville to stay relevant in today’s economy while holding onto the past? Please remove obstacles such as this that diminish our ability to meet our fullest potential in the downtown district,” said Fennell.

Graden Kirksey, pastor of the Refuge Church on the public square downtown, spoke against changing the beer ordinance.

“I am a lifelong resident of Smithville and my whole life its always been understood that we wouldn’t have these types of sales close to churches and schools because of the kids, because of families. That’s where they congregate,” said Kirksey. “That’s the main clientele and I’d be willing to bet if you took a poll from the voting public they would overwhelmingly still agree with that whether they drink or not. Outside of schools and church service times, our square is one the biggest hotbeds for families to be able to come and congregate and this would change the culture of the town. Once you make that type of allotment it changes the types of businesses that are interested in being on the square and that potentially changes the whole culture of the square and makes it less family friendly,” continued Kirksey. “Its my understanding that everybody that moved in a business over there (downtown) wanted this to be a family friendly area for people to be able to come out with the kids and have a good time and enjoy themselves. I think this is a step backwards. If this is a city ordinance and you make an exception for one pocket because certain businesses and certain business owners want it if I was somebody outside of that pocket, I’m salivating at the thought of you passing this and just daring you to tell me no when it comes back around. You can’t put the genie back in the bottle or the toothpaste back in the tube. It opens the door for the whole city. You can’t say you agree it shouldn’t be around schools and kids and make an exception when it’s a certain area. I, for one do not think its good for something like this to be in an area where families and kids are coming to congregate regularly,” said Kirksey.

Bruce Malone, a resident of Dearman Street, also expressed his opposition to a change in the city beer ordinance.

“My opinion is I don’t think its going to benefit the city economically that much. My biggest issue is approving this matter in my opinion would be granting special privileges. I’m sure most of these people who bought property (downtown) had the idea of opening a business. I’m very sure they did their due diligence and knew what the situation was before they bought the property and before they opened the business. You start doing special favors for one group I think you have to do special favors for everybody. I just don’t see this as an advantage to the city or the people of the city. All I see is it benefitting two or three business owners and even that I think would be very little,” said Malone

In other business the aldermen awarded a paving bid to Copeland of Cookeville for $109.90 per ton. It was the least expensive of the three sealed bids submitted. Mayor Miller said the city has $100,000 budgeted this year for street paving and he would like for it to begin before cold weather gets here. The other two bids were from Tinsley Asphalt of Tullahoma for $113 per ton and Rogers Group at $112.75 per ton.

The aldermen also approved Mayor Miller’s reappointment of citizen members and aldermen to various city boards including the following:

Planning Commission- Brandon Miller and Glen Nichols

Beer Board-Chase Collins

Board of Zoning Appeals- Caleb Gash and Eddie Hobson

Smithville Electric System- Hilton Conger

The aldermen were also reappointed as head of the following city departments:

Donnie Crook-Sanitation

Danny Washer-Water and Sewer and Vice Mayor

Beth Chandler-Finance

Shawn Jacobs-Police and Fire

Jessica Higgins-Streets and Safety

No changes were made on the city airport committee, 911 board, or industrial board.

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