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Motion to Dismiss filed in contract case

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Construction of new fire department remains halted

EDWARDS CO.—The lawsuit that was predicted to happen by all involved has hit a stalling point in Edwards County Circuit Court.

The suit, filed December 16, 2013, by Greenwalt and Sons Construction, is against the City of Albion and former mayor Ryan Hallam, and emerged from the massive debacle that erupted a little over a year ago when an improperly-executed contract was signed for Greenwalt to build a new fire department for the city.

Breach of contract alleged

Greenwalt is alleging that the city breached the contract when they caused the construction to cease, this on April 24, 2013, after construction had commenced in January 2013.

The total of the contract, records show, was $624,340. Greenwalt is asking for a judgment against the City and Hallam separately, seeking damages on each in excess of $50,000 plus costs of the suit.

It’s unclear if Greenwalt is asking for the bulk of the contract cost to be submitted; whether they are asking for a pro-rated amount of the contract to be submitted (three months’ worth); or if only the “damages” sought will satisfy their complaint.

Nevertheless, the city’s motion to dismiss, filed Jan. 13, 2014, indicates that the city may have a more positive position than Greenwalt does in the case.

Motion to Dismiss holds several counts

Represented by Troy G. Payne of LeFevre Oldfield Myers Apke & Payne Law Group in Vandalia.

The Motion to Dismiss is brought over several counts. The first lays claim to the fact that Involuntary Dismissal can be based upon certain defects or defenses, one of those being that “the claim asserted against defendant is barred by other affirmative matter avoiding the legal effect of or defeating the claim.” In short, the city is claiming several facts: chief amongst them that the city did not sign the January 17, 2013 contract; instead, it shows that the contract is between Greenwalt and Sons, Hallam, and the Albion Fire Department (on which Hallam was a volunteer firefighter).

Hallam, the motion states, signed the contract “individually and not in any capacity for the City of Albion; therefore, there is no privity of contract between the city and Greenwalt.”

Under this motion, the city is asking that they be dismissed from being named in the suit.

Contract signed reflected more than agreed

The second Motion to Dismiss claim arises from the fact that in October 2012, during a city council meeting, alderman Brett Berger presented to the city council the proposed firehouse drawings and the specifications for the new building, function, drive through, storage, office space, etc. Berger advised that Greenwalt was the only bidder. Costs were broken down to include $449,788 for construction of the building; $27,500 for removal of the old building; $20,000 for removal of old concrete; and $65,000 for a new concrete parking lot, leaving a total project cost of $562,288.

This contract cost was approved during that October 2, 2012 meeting.

However, when the contract got around to being signed (by Hallam alone), the cost ended up being $624,340—$62,052 MORE than the agreed-upon contract.

“There was no meeting of the minds between the city of Albion and Greenwalt,” the documents state. “As seen by the vote on Oct. 1, 2012, the city was potentially willing to accept the bid of Greenwalt in the amount of $562,288.”

There was no vote showing Albion accepted a contract of bid from Greenwalt for the increased amount, the documents show; and the city never accepted any offer from Greenwalt for the increased amount. The move lay strictly in the lap of Hallam…and the second count on the motion to dismiss asks that the city be removed from the suit on that basis.

Contract between Hallam and Greenwalt, not City and Greenwalt

Payne also outlines in the case (under the third Motion to Dismiss) that because Albion is a municipality, they have “certain contract liabilities and limitations…in that no contract shall be made by the corporate authorities, or by any committee or member thereof, and no expense shall be incurred by any of the officers or department of any municipality, whether the object of the expenditure has been ordered by the corporate authorities or not, unless an appropriation has been previously made concerning that contract or expense. Any contract made, or any expense otherwise incurred, in violation of the provisions of this section (of the law) shall be null and void as to the municipality, and no money belonging thereto shall be paid on account thereof.”

In other words, Hallam couldn’t himself sign for the entire city. Effectively, the contract was between him, and Greenwalt.

The documents also point out that no appropriation ordinance for the time period of the alleged contract was made…and that there was no appropriation ordinance for the amount of the alleged contract that was made between Greenwalt and Hallam, individually.

No appropriation ordinance

A fourth count on the Motion to Dismiss restates the lack of an appropriation ordinance, as well as restates the lack of authority Hallam had to bind the city into a contract with Greenwalt.

Minutes from the October 1, 2012 meeting were placed on file, along with the annual appropriations ordinance for fiscal year ending April 30, 2013, which shows no appropriation for the funding for the fire department construction (most of the money was obtained by grants, making the move by Hallam all the more egregious, as federal funds were likely involved in that grant set somehow).

The mess that was created from the signing of the contract, which is being termed, for court purposes, “improper,” lead to Hallam’s resignation as mayor in February 2013 and a mass walkout of fire department volunteers not long thereafter.

The whole matter was mis-covered by local media, who seemed oblivious to the improperly-signed contract and continued to focus on some perceived hateful attitude of certain members of the Albion city council toward fire volunteers, the latter of which wasn’t the case at all…the concern by those council members was strictly geared toward legality, and the city didn’t want to be stuck on the receiving end of a grant misuse, which was where it was headed if the work wasn’t stopped.

That’s not something Greenwalt seems to be prepared to accept, however, and they filed suit despite an abundance of information available that the contract was improper.

No court date has been set in the matter; as rules of the court go, the motion to dismiss will be heard first.


Olney menace fired up and ready to sue

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OLNEY—A rather brief and only slightly informative meeting was held by the Olney city council on January 13.

The highlight of the 25-minute meeting was the infamous Brian James O’Neill II, who was riled up as usual.

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O’Neill’s presentation during the public input portion of the meeting was focused on the fact that mayor Ray Vaughn “violated his rights” (when Vaughn had O’Neill removed at the previous council meeting because his stench was too overwhelming and was causing a distraction). O’Neill continued stating, “It’s a hate crime when you talk about people with disabilities.”

O’Neill felt that he cannot help his odor at times because he takes medication, which he says makes him smell.

As his speech began to grow more tangential, Vaughn counted down the last minute of O’Neill’s floor time, and at the closing of it, after O’Neill sat down, Vaughn said to city manager Larry Taylor that when someone is speaking (being a citizen or giving a speech) that person is to direct their attention and speak to the chairman, which is Vaughn.

There were no comments of disproval from O’Neill.

After the motions were passed on the new city clerk Kelsie Sterchi and the disposal of the park metal, councilman John McLaughlin asked Taylor “who had the authority to shut down the roads?”

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Taylor appeared dumbfounded and did not have an instant response.

Stammering, Taylor said he did not believe anyone could actually shut down the roads and that it was not in the ordinance.

McLaughlin said that there were a lot of concerned citizens who feared being arrested because they were under the impression that the roads were “shut down,” but that they still needed to get to work.

McLaughlin told Taylor at that point, in which Taylor was still appearing dumbfounded, that he and the people who’d heard the roads were “shut down” had heard it via Olney’s daily newspaper.

Taylor then said again no one has the authority to shut down roads.

“It would seem it was just a poor choice of words,” Taylor opined about the characterization of road closure in the daily paper.

Weapons charges in wake of OP

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Screen Shot 2014-01-27 at 11.22.23 AMCLAY CO.—A Flora man who months ago was accused by a neighbor of a child sex assault has now been arrested on gun violence charges.

Ronald L. Bray, 41, of North Worthey Street in Flora, was arrested on January 6 after it’s alleged that at about a quarter to three that afternoon, he forced the barrel of a 12-gauge shotgun into the mouth of one Dustin Gragert.

The situation was exacerbated when responding officers discovered that Bray, while in possession of the shotgun, didn’t have a Firearm Owner’s ID (FOID) card.

Bray was charged on January 8 with a count of Aggravated Battery using a deadly weapon, and Possession of Firearm Without Requisite FOID Card. He was lodged in the county jail in Louisville where he was shown to still be as of press time.

While Bray has a mild criminal history consisting of several violence/domestic violence allegations/filings (ending in dismissal) and one that ended with a plea, the escalation to an alleged act of violence with a firearm seems sudden and inexplicably prompted.

That, however, might not be such an inexplicable turn if the civil record is examined.

There, an Order of Protection issued against Bray by a neighbor on behalf of her young daughter shows that worse allegations are being made in a civil realm…and leave the real question of why no criminal investigation has been undertaken or, if one has, what the outcome would be if it isn’t an arrest and charges.

Stalking/No-contact order requested

Court records in Clay County show that on September 6, 2013, a verified petition for a civil no-contact order was filed by one Ashley Heck against Bray.

Heck indicated that she was seeking the order on behalf of her daughters, whose names will not be listed in this report.

According to the complaint, Heck reported that on June 2, 2013, at her address on West Fifth Street in Flora, “Ron Bray came into my front yard and sexually assaulted my 7-year-old daughter (name deleted) while she was playing. My 4-year-old (name deleted) was also present. Ron told (the older daughter) to turn around and look at a spider, when she did he put his hand up her shorts and put his fingers in her vagina. I was inside my house at the time, when my daughters came in very upset, but wouldn’t say at first what had happened.”

Heck recounted that “about two hours later, I was putting (the older daughter) into the bathtub when she started crying and complaining that her privates hurt. When I looked at her vagina, I saw she was swollen, bruised and the skin was cracked around the opening of her vagina. I demanded to know what had happened and she told me what Ron had done. I then asked her sister and she told me what he’d done also.”

Took her to emergency room

Heck said she took the girl to the Flora ER “where she recounted the story several times to the nurse, doctor and police. Prior to this incident Ron Bray had been buying my daughters candy, and there was also a time I found him talking to (the younger daughter) through her bedroom window, however, I thought he was being nice to the kids because he had a crush on me.”

Heck then recounted a rather unusual situation that she termed “court,” although court proceedings only take place in a courtroom; most likely, and if the available paperwork in the file is any indication, there was some sort of agency proceeding held, as “SAFE” (Sexual Assault and Family Emergencies) out of Centralia became involved in the matter, and since such agencies as SAFE, the Department of Children and Family Services, the Guardian Center and a whole host of such grant-dependent agencies operate outside the jurisdiction of the courts and the law, they will hold hearings at their agencies’ offices, or at another location convenient to all involved.

Apparently, SAFE was able to arrange such a hearing at city hall in Flora, as Heck recounts:

“At the end of August my mother, Patricia Tuck and I had court at the city hall in Flora, IL. Ron Bray was present. While we were at court, Ron made several threatening gestures to my mother and I. He ran his fingers across his throat and put his fingers to his head acting as if he was shooting himself in the head. Officers Guy Durre, John Nicholson and Geb Borders all witnessed this, and they actually removed him from the city hall three times because of it.”

Then things, according to paperwork, got heated.

“While I was testifying in front of the judge he stood up and charged at me,” Heck wrote, “so Guy and John removed him from the city hall.”

OP granted, but no charges filed

The Stalking/No-contact order was granted for Heck against Bray, and in October, after a courthouse hearing during which Bray refused to offer testimony in his own defense, a plenary (two-year) order was entered in the case.

However, to date, no criminal charges have been filed against Bray in connection with the incident that got a Stalking/No-contact order issued against him, leaving the situation a weird one that verges on the edge of slander/unproven accusations…and yet a judge of the court has heard all the details and has allowed an order to be entered that basically upholds the allegations.

This wouldn’t be the first time such allegations have been held up in civil court and ignored in criminal…but it remains a rare situation. There has been no indication that Bray is the subject of an investigation into the sexual misconduct as presented in civil court. However, with the recent violence charges, the investigation into that matter might lead into examination of the sex allegations…at which time county prosecutor Marilyn Brant may file criminal charges after all.

No charges in brutal attack

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LAWRENCE CO.—A horrific attack on a Lawrence County woman has left her in a serious condition at an Indiana hospital, but authorities are still waiting on lab results before they can charge the man suspected to have perpetrated it.

Lea N. Catt, 39, was hospitalized on the evening of Wednesday, January 15, after she was discovered at a St. Francisville residence, unresponsive on the floor.

According to a report St. F police chief Billy Darnell delivered to dispatch, “it looks like somebody either bit her face off or took a knife to her.”

As it turned out, neither one was the case; but the damage inflicted on Catt was extensive enough to cause massive confusion as to how it occurred.

Considering the totality of the circumstances, however, and the reason why Catt was at the residence to begin with, authorities were able to piece together what happened: That Catt had gone to the residence to see her boyfriend, well-known Lawrence County crim Tommy Shoulders, 38, and as a result, received such a beating that she lost several teeth, had the side of her skull caved in, and had her nose and lips practically torn off.

Went to uncle’s home

Authorities have advised Disclosure that Shoulders was staying at the St. F residence of his 82-year-old uncle, who was asleep at the time Catt came to the home.

At some time prior to 9 p.m., the uncle heard screams coming from another part of the house, and emerged from his bedroom to find Catt unconscious on the floor, covered in blood.

He called for emergency response; Darnell was among the first to arrive, and issued what he thought appeared to be the case: that there was a woman who “looked like she had her face bit off” inside the dwelling, and no sign of a perpetrator.

Emergency medical personnel arrived and transported Catt to Lawrence Memorial Hospital in Lawrenceville, where at approximately 9:30, she was evacuated by helicopter to Methodist Hospital in Indianapolis.

There, she underwent surgery to remove bone shards from her brain on the side of her head where the skull was caved in.

Plastic surgery was also done, reportedly in order to reattach her nose and lips.

There was no indication of what was done with the upper and lower teeth that reportedly were also knocked loose and caved in in the attack.

The surgeon who performed the brain surgery issued his opinion to authorities that it appeared Catt’s injuries were sustained by “blunt force trauma,” but didn’t elaborate as to what exactly was used in the blunt force.

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Weapon not found; Shoulders was

Shoulders’ uncle was questioned and the house was searched, but neither Tommy Shoulders, nor a weapon that could have been utilized to inflict such wounds, could be found.

However, later that evening, Shoulders was located by authorities in the vicinity of WAKO radio station, just off business 50 to the northeast of Lawrenceville.

Reports indicate that Shoulders had called a relative to come get him from the St. F uncle’s home and take him to a “safe” location; then, when he was either tired of hiding out or was in need of food and water, called that relative again and asked her to bring him some water.

Instead of doing this, she called authorities and advised them that this was where Shoulders was hanging out, and city police came to apprehend him.

Because the incident took place in St. Francisville and was significantly more weighty than the random traffic stop Darnell is used to performing, the Illinois State Police were called in.

Held on bond revocation

Shoulders was processed and placed in a cell at the Lawrence County Jail…but it wasn’t for the attack on Catt.

Instead, prosecutor Chris Quick opted to hold Shoulders on a December 5, 2013 complaint that had been made after Shoulders had allegedly punched one Brian Stallard at a location on 15th Street in Lawrenceville. The complaint had already been made, and the charge was pending…only because Shoulders was awaiting outcome on a multi-count felony charge he was facing from last year, in which Aggravated Domestic Battery, Intimidation with a threat of physical harm, Criminal Trespass to a Residence (all felonies) and misdemeanor Domestic Battery with Bodily Harm were charged against him.

All counts had to do with a June 2013 incident wherein it was alleged he beat up Catt.

As a condition of bond on the June 2013 case, Shoulders was not to get into any trouble of any kind.

When the incident with Stallard happened, that was cause to revoke bond on the June 2013 incident, although that hadn’t been filed when the situation with Catt occurred.

However, Quick filed such a petition, along with the formal charges on Stallard’s complaint, on January 16…and that is what’s holding Shoulders in the county lockup: on a $100,000 bail ($10,000 cash bond.)

State Crime Lab put on a rush

While Shoulders awaits progress and outcome on the two pending cases, the Illinois State Police crime lab is busy analyzing the clothing he was wearing at the time he was apprehended.

There was, authorities have confirmed, blood on the clothing, and it did appear to be spatter blood, but whose blood will have to await analysis at the state crime lab…which is on a four to six week delay for processing, even with a “rush” put on it as in this case.

There is otherwise nothing else to connect Shoulders with Catt’s beating: a search warrant obtained on the 16th for the uncle’s residence turned up nothing of evidentiary value that could connect Shoulders to actually perpetrating the crime.

Shoulders has an incredibly lengthy criminal record in Lawrence County dating back to 1997 and a first DOC stint for Intimidation with Physical Harm threatened.

Other felony convictions include Mob Action, Aggravated Intimidation of a Peace Officer, Criminal Damage to Government Property, Aggravated DUI and a handful of DUIs and misdemeanors to boot.

Most importantly, however, is the fact that his recent record reflects felony domestic battery counts, for which he’s also spent time in DOC.

Catt, too, is a convicted felon, with her realm of crime centering on theft allegations and drug felonies, the latter of which include Possession of a Controlled Substance just two years ago. She is currently on parole in Lawrence after a short stint (August 30 to Dec. 11, 2013) in Decatur Correctional.

DOC stats show that she bears tattoos of the names “Tommy” and “Tom,” attesting to the dysfunctional relationship she has endured and participated in for what Lawrence residents say has been a number of years.

Shoulders was next set for a preliminary hearing on the Stallard battery incident on delivery date of this issue, January 29.

DEPUTY CHARGED; ARREST ON FELONY WARRANT IN BATTERY CASE THIS EVENING

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LAWRENCE CO.—The deputy alleged to have injured the county prosecutor in a fit of pique last March has been arrested on charges in connection with that incident.

A warrant issued for Dennis York, 38, was issued in Lawrence County today, and that warrant was to have been served this evening.

Dennis York

Dennis York

Regular readers will recall that York was absent from some court appearances in which his presence was necessary in order to hold a preliminary hearing for some defendants, this occurring in late March 2013. When he finally showed up the next day, State’s Attorney Chris Quick asked York to come to his office and explain his absence, which caused considerable problems for the court proceedings. York, who has been noted to be one of the more explosive and violent officers in Lawrence, literally blew up at Quick and was screaming at him in the office. When Quick told York to leave until he calmed down, and began escorting him out of his office, York went to the door (which is a split construction, bottom/top closure) and while Quick’s hand was on the door, York yanked on the door and slammed it back, catching Quick’s hand in the jamb and creating injury.

This display prompted a call to authorities at both the county and state level, and in conferring with them, Quick took out an OP against York until it could be determined whether charges would be filed. However, because the special prosecutor handling conflicts in the county, Mike Vujovich, was VERY busy handling Lisa Wade’s untended caseload (over nearly the entire four-year span, 2008-12), a miscellaneous remedy case was only just filed in the matter appointing Vujovich to it, and accounted for the delay in filing.

Formal charges are two counts of Aggravated Battery, one count of Battery and one count of Disorderly Conduct.

When we learn more, we’ll post it…in the meantime, the current edition of Disclosure (February 2014) hits the stands in Lawrence tomorrow (Wednesday, January 29)…pick one up, or get it right here on your computer at the e-Edition!

Nightly NewsCap: Headlines for the evening in AUDIO

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Here’s Lyndi once again with the audio report from the past 24 hours for your Nightly NewsCap for Tuesday, January 28, 2014!

Topics covered include: Ciara DeRyke enters plea in Effingham County Obstruction case; Hardin County families enter en masse No-Contact order against violent Williams family; Carbondale Rebound facility shooting update; Lawrence County deputy Dennis York charged, to have been arrested tonight.

hot toddy chamomile

COMMUNITY HOLDING BENEFIT FOR LOCAL MAN FACING SURGERY

BREAKING: MISSING CHILD ALERT, RICHLAND COUNTY

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RICHLAND CO., Ill.—Richland County and Olney authorities have released the following information on a missing child out of Olney.

Madeline Ramsey is 15 years old and has dark brown hair. She is considered a harm to herself and possibly others and has been missing since early Friday morning (this morning, January 31, 2014).

She was last seen on North Avenue in Olney, Illinois, although authorities have not specified if this is East North or West North.

If you see her or have any information to her whereabouts please contact Jacob Ramsey (618) 269-7193, Miriam Rauch (618) 838-5607, the Olney Police Dept. (618) 395-8481, or the Richland Co. Sheriff’s office (618) 395-7481.

Madeline Ramsey, photo provided by authorities.

Madeline Ramsey, photo provided by authorities.


GRAYVILLE MAN CHARGED AFTER ALLEGED ASSAULT WITH WEAPON

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EDWARDS CO., Ill.—Edwards County State’s Attorney Mike Valentine has filed multiple charges against a Grayville man following an alleged assault on a household member Sunday.

crime scene, drive-by, gun, policeDocuments filed Wednesday indicate that Kirk E. Mason, 47, of North First Street in Grayville, has been charged with Reckless Discharge of a Firearm (a Class 4 felony) and Domestic Battery (Class A misdemeanor) after an incident on Sunday, January 26, 2014, wherein it’s alleged that he discharged a firearm, endangering Rhonda K. Gibson, and also that he made physical contact of an insulting nature with Gibson by striking her in the face with his hand, allegedly during the same incident.

Mason is also charged with Possession of a Firearm Without Requisite Firearm Owner’s Identification (FOID) Card, after authorities investigating the alleged firing of the weapon found that Mason allegedly hadn’t bothered to FOID up.

A warrant was issued for Mason’s arrest on Jan. 29; the matter has been set for preliminary hearing next Tuesday, February 4.

ONE ARRESTED AFTER THREE-MONTH-OLD CHILD BADLY BEATEN

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LAWRENCE CO., Ill.—A Sumner man has been arrested and charged in the beating of his infant son.

Joseph C. Armes, 22, has been charged with one count of Aggravated Domestic Battery.

The case apparently came to light when the baby was taken to the Lawrence Memorial Hospital Thursday, January 30, 2014. The baby had been brought to the emergency room and was quickly transported to Riley Children’s Hospital with broken ribs and a fractured skull. A search warrant was executed at Armes’ home on Cedar Street in Sumner, and Armes was taken into custody. He is awaiting a hearing on a $700,000 bail ($70,000 cash bond), according to sources at the jail.

Another child was removed from the Armes home and taken into protective custody.

Illinois State Police are said to be leading the investigation, which will probably take a different turn once all the evidence is in; the Illinois Child Death Task Force, which we’ve written about extensively in the past (in particular, in the case of Willow Long in Effingham County), is also working the case. Be watching for updates as we learn more.

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CRASH IN HAMILTON INJURES HARDIN MAN

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HAMILTON CO., Ill.—Illinois State Police worked a two-vehicle collision yesterday in which a man from Cave-in-Rock was injured.

crash, wreck, trafficThe wreck occurred in Hamilton County on Illinois Route 142, 10 feet south of Hamilton County Road 1000 North yesterday (Friday, January 1, 2014), at approximately 11:20 A.M.

The two vehicles involved in the collision were a 1980 International Grain Truck being operated by Bryan A. Henderson, 33, of McLeansboro, and a 1999 Freightliner (Propane hauler) being driven by Troy J. Brittingham, 38, of Cave-in-Rock. Neither drivers had passengers in their vehicles.

According to the preliminary traffic crash investigation, Henderson’s grain truck was northbound on Route 142 approaching the intersection with Hamilton County Road 1000 North when he reduced speed and drove the grain truck into the left lane of 142 to navigate a right hand turn onto County Road 1000 North. Brittingham, in the second truck, believed that Henderson was going to make a left hand turn so he continued traveling northbound in the right lane. Approximately 10 feet south of the intersection, Henderson began to turn right onto County Road 1000 North.  This maneuver caused the front right corner of Henderson’s grain truck to collide with the left rear wheel of the propane truck as it passed by him. Brittingham drove to the propane truck off the roadway to the right in an effort to avoid the collision but was unsuccessful. The collision caused the propane truck to spin counterclockwise and overturn onto its side. No propane escaped from the tank as a result of the incident.

Brittingham was transported to Hamilton Memorial Hospital by Harre Ambulance of McLeansboro for treatment of injuries sustained in the traffic crash. He was treated and released. Henderson was not injured during the incident. Both parties involved were wearing their seat belts.

The International grain truck was removed from the scene by the owner. The Freightliner propane truck was removed from the scene by Landers Towing of Salem, Illinois.

ISP District 19 was assisted at the crash scene by the Hamilton County Sheriff?s Department, McLeansboro Police Department, McLeansboro Fire Department, Hamilton County ESDA, Harre Ambulance, Illinois Department of Transportation, and Landers Towing of Salem.

Henderson was cited for Improper Lane Usage and Brittingham was cited for Failure to Reduce Speed to Avoid an Accident.

ARRESTS MADE IN CONNECTION WITH SUMNER BABY BEATING MISCHARACTERIZED

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LAWRENCE CO., Ill.—Published media reports about the beating of a baby in Sumner last week have mischaracterized the situation, according to files we viewed this morning.

Local media outlets have two additional people arrested and charged in connection with the beating of a baby in Sumner, for which a Joseph Armes was arrested last week…and the connection isn’t quite the case.

report-child-abuse The mother of the 3-month-old injured baby, Ashley Brotherton Armes, is indeed now charged with Aggravated Battery to a Child, in connection with the baby, who continues to be hospitalized at Riley in Indy with a fractured skull and broken ribs. The father of the baby is Joseph Armes.

However, James Choate III, 24, of Sumner, was arrested following the investigation into the Armes baby case…and NOT with abuse of the Armes baby, but on a charge of Predatory Criminal Sexual Assault of a Child. This case, we were told by those in the courthouse this morning, came about when authorities were investigating the Armes ban case, and literally stumbled upon the evidence of alleged sexual abuse…NOT of the injured baby, but of another child in the home (who was removed upon investigation into the entire mess). Choate was residing in the same Cedar Street residence in Sumner with the Armeses. Choate’s charge is a Class X felony.

Both of the Armeses are in jail, as well as Choate. We’ll have more in the upcoming print version, on stands February 18-19…don’t miss it.

Nightly NewsCap! ANGELA brings the hammer down on a couple of short subjects and one BIG one in AUDIO

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Here’s my lovely and lively bride bringing you the headlines from the site today, as well as one that we haven’t had time to even broach yet…check out the topics…all for the evening of Tuesday, February 4, 2014!

Topics covered include: Steve Waterbury’s meth sentencing and John Eibeck’s potential meltdown; more arrests in Sumner, one related to the beaten baby, one not exactly related to it; and the big brouhaha in Fairfield over the high utility bills.

A shot from the micro-picket, and the offensive sign, unashamedly ripped from a social media site operated by two morons, touting the matter. If you don't want it ripped, don't post it on Facebook.

A shot from the micro-picket, and the offensive sign, unashamedly ripped from a social media site operated by two morons, touting the matter. If you don’t want it ripped, don’t post it on Facebook.

INTERSTATE TRAFFIC CRASH SENDS ONE TO THE HOSPITAL

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WAYNE CO., Ill.—An Evansville man was treated for injuries this morning after a rollover wreck on Interstate 64 this morning (Wednesday, February 5, 2014).

rollover accident, wreckIllinois State Police, who worked the accident, stated it happened due to icy road conditions after the overnight snow and ice accumulation.

The accident occurred on I-64 westbound at mile post 97.5 in Wayne County at 7:42 a.m.

Aaron Reckelhoff, 29, of Evansville, Ind., was the driver of a white 2007 Ford E350. He was traveling westbound on I-64 at mile post 97.5 when he lost control of his vehicle on the icy covered roadway. Reckelhoff’s vehicle slid off the roadway into the ditch, striking a tree and rolling over onto the driver’s side.

Reckelhoff was transported to Good Samaritan Hospital (Mt. Vernon, Ill.) by Wayne City Ambulance for treatment of his injuries. No citations were issued to Reckelhoff.

The Illinois State Police was assisted at the crash scene by the Wayne City Ambulance, Wayne Fire Protection District #1 and Rick’s Towing.

Nightly NewsCap: Ang takes the helm again for headlines from the past 24 hours in AUDIO

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Here’s my beautiful bride of almost 14 years, Angela, once again handling NewsCap duties for Lyndi for the evening of Wednesday, February 5, 2014….not as rowdy as last night, but every bit as stinging, as only Ang can!

Topics covered include: Martina-of-the-multiple-names beaten but not arrested on probation violation in Hardin County; Effingham trailer park has charges filed against it by the feds; Finley and Tuttle busted on the Fairfield utilities Facebook page.

Martina…beaten and proud of it, apparently.

Martina…beaten and proud of it, apparently.


Nightly NewsCap! Ang once again rounds up the headlines in AUDIO

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Ang’s last night this week to give a rundown of the headlines that affect you comes in the form of this Nightly NewsCap for Thursday, February 6, 2014!

Topics covered include: A horrific contender for county board District 4 in Lawrence County; Fairfield Mayor Griswold’s letter to the citizens is finally read on the county’s only radio station (this is the first time they’ve mentioned the high utilities debacle); and Harrisburg gets fire protection back into areas outside city limits, with referenda to come.

newscap on fire

CONFIRMED: SCHOOL ROOF COLLAPSES FROM WEIGHT OF ICE, SNOW

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LAWRENCEVILLE, Ill.—A portion of the roof of the new high school building in Lawrenceville collapsed this morning, spilling roofing material, snow and ice onto a hallway.

The new school.

The new school.

No students or faculty were injured in the collapse, which was attributed to the heavy weight of melting, then re-freezing, snow and ice on the metal roof of the brand new structure.

However, there were a lot of students reported griping, some of them because of the mess it made outside, and in at least one known case, inside, their lockers.

The building of the school was a point of contention between the school district and the citizens, many of whom claimed that the old high school was perfectly serviceable and the taxpayers didn’t need the additional tax burden imposed on them.

And it’s already had more problems than a brand new building SHOULD have: such as the sewage back-up we reported here last June, before the place was even in operation.

More as we get it…but it looks like Frank Ladner’s buddies involved in this venture might want to rethink their stances on the expenditures they’ve been putting forth for Lawrence, if this is what’s going to keep happening.

The old school

The old school. Still standing. No roof collapses, no sewage backup.

READ THE LEAD: Bizarre circumstance of sex assault allegations in civil venue

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bray, ronIn a very strange story coming out of Clay County, we’re seeing something that is a disturbing trend in this area: Allegations of sexual misconduct are made in a civil venue, and matters are taken up with child advocacy groups and involve law enforcement…but no criminal charges are filed.

We first learned of the allegations in this case more than seven months ago, but because there wasn’t a criminal charge filed, we couldn’t present them. Only after the man involved in the case was charged criminally in ANOTHER incident did the civil filing of a Stalking/No-Contact Order come to light…hence the material from which the following article was derived, “Weapons charges in wake of OP,” for your next Read the Lead:

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CLAY CO.—A Flora man who months ago was accused by a neighbor of a child sex assault has now been arrested on gun violence charges.

Ronald L. Bray, 41, of North Worthey Street in Flora, was arrested on January 6 after it’s alleged that at about a quarter to three that afternoon, he forced the barrel of a 12-gauge shotgun into the mouth of one Dustin Gragert.

The situation was exacerbated when responding officers discovered that Bray, while in possession of the shotgun, didn’t have a Firearm Owner’s ID (FOID) card.

Bray was charged on January 8 with a count of Aggravated Battery using a deadly weapon, and Possession of Firearm Without Requisite FOID Card. He was lodged in the county jail in Louisville where he was shown to still be as of press time.

While Bray has a mild criminal history consisting of several violence/domestic violence allegations/filings (ending in dismissal) and one that ended with a plea, the escalation to an alleged act of violence with a firearm seems sudden and inexplicably prompted.

That, however, might not be such an inexplicable turn if the civil record is examined.

There, an Order of Protection issued against Bray by a neighbor on behalf of her young daughter shows that worse allegations are being made in a civil realm…and leave the real question of why no criminal investigation has been undertaken or, if one has, what the outcome would be if it isn’t an arrest and charges.

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Read the rest of the story by clicking this link to get started with your online subscription, or pick up a print version at these vendors! You can get your print copy of Disclosure in Clay County at Needmore Store in Louisville, Discount Tobacco Warehouse in Flora, and The Price is Right in Clay City.

MORE INFORMATION ABOUT THE ROOF/CEILING PROBLEMS AT HIGH SCHOOL

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LAWRENCEVILLE, Ill.—The spin is on to handle damage control post-slight-disaster at the new high school in Lawrenceville.

Already, Disclosure has been attacked by school personnel and in a couple of cases, their offspring, for the factual report of the mess found this morning when students with lockers in a certain section of the new building had to slog through wet ceiling tiles and a watery mess, some of which splashed up into their lockers, wetting down their belongings sitting at the bottom of said lockers.

A surreptitious shot one of our sources got of the inspection as to what caused the ceiling tiles to collapse; the shot was taken long after the mess was cleaned up.

A surreptitious shot one of our sources got of the inspection as to what caused the ceiling tiles to collapse; the shot was taken long after the mess was cleaned up.

The initial report we received from those on the scene had it that a segment of the roof had collapsed under the weight of snow melting then refreezing, and melting again, causing a buckling and ultimately a seam. The ensuing fall of snow/ice/water ultimately wet the acoustic ceiling tiles directly below, causing SEVERAL of them to collapse to the corridor below.

We reported that no students/faculty was injured in the collapse; but we didn’t clarify that it happened at a time when school wasn’t in session, so of course they weren’t.

However, ongoing griping about the piece contained information from Nichelle Helms Burkhardt of Bridgeport that the mess was cleaned up before students arrived at school. Multiple parents confirmed that this is not true at all, and that cleanup was still going on when kids were getting into their lockers and discovering the mess.

A snippet of our convo with Nasty Nichelle

A snippet of our convo with Nasty Nichelle

Burkhardt and others attempted to trivialize the situation vociferously, declaring that it wasn’t a roof issue (as we were told point-blank by solid sources early on that it was); apparently, the spin is underway, and the “official story” right now is that there was a pipe leaking water above the tiles. The spin also had it that the tiles affected were only a handful; as you can see by the photo, that’s not exactly the case.

Either way…it’s kind of a disgrace.

The school is brand new construction and shouldn’t be having either problem of breached roofing or leaky pipe, regardless of who’s telling what story. The taxpayers of Lawrence County were advised years ago that their rates were increasing, and that a special tax was going to be added to purchases in Lawrenceville in order to fund the new school…while there’s another relatively-new school approximately eight miles away in Bridgeport…and dwindling population, which also involves dwindling tax base.

The few are propping up the many in Lawrence, and the ones who are still living like Texaco’s in town haven’t drawn in and come to understand that this kind of thing is unsustainable. To have a new school building, built where it was (on top of aged oil wells that had to be capped—and discovered quite by accident, as they were so old, the locals had forgotten they were there—wasn’t a very good idea…and it’s our understanding that the school is “settling” in places (which will happen when the ground is breached several hundred feet; it’s called subsidence), causing door frames to cant and other such problems.

When will the “growth” end in Lawrence, and those responsible for the expenditure of the public’s money learn to draw in…? It doesn’t look like it’ll be any time soon, despite the best efforts of some new blood on the county board and in other positions. Election’s coming up…choose wisely, peeps.

NINETEEN FACE FEDERAL METHAMPHETAMINE CHARGES

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U.S. DISTRICT COURT, BENTON.—A federal grand jury in Benton, Illinois, has charged nineteen individuals with methamphetamine related offenses, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today.

Those charged are:
Delbert Bargo, Jr., 53, and Kathryn Ann Medlin, 43, both of Thompsonville, Ill.
Laura L. Coker, 51, of Carterville, Ill
Caleb S. Hoffard, 36, Amber D. Mulkins, 31, Weldon A. Poole, 29 and Jason K. Wells, 30, all of Marion, Ill.
Jamie L. Hughey, 36, of Mt. Vernon, Ill.
Traci L. Jackson, 36, Jamie R. Sneed, 31, Scotie M. Slaten, 26, and Jessica M. Peters, 34, all of West Frankfort, Ill.
Jeffrey Morneweg, 49, of Johnston City, Ill.
Kevin Spurlock, 42, and Regina K. Spurlock, 41, both of DuQuoin, Ill.
Amber R. Duckworth, 37, of Hurst, Ill., and
Justin C. Phillips, 27, of Elizabethtown, Ill.

Two of those indicted remain at large.

All those charged face up to 20 years in prison and up to a $250,000 fine.

grand_juryAn indictment is a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge until proved guilty beyond a reasonable doubt to the satisfaction of a jury.

The investigation in these cases was conducted by the Illinois State Police, Southern Illinois Drug Task Force, United States Marshals Service, Franklin County Sheriff’s Office, West City Police Department, Christopher Police Department, Zeigler Police Department, Sesser Police Department, Drug Enforcement Administration, Jackson County Sheriff’s Office, Jackson County State’s Attorney, Franklin County State’s Attorney, Williamson County Sheriff’s Department, Southern Illinois Drug Enforcement Group, Pope County Sheriff’s Office, and the Pope County State’s Attorney.

“Federal investigations into methamphetamine actives in Franklin, Williamson, and Pope Counties have thus far resulted in the indictment of over 90 individuals, and we are not finished – the investigations are ongoing.” said United States Attorney Wigginton.

These cases are being prosecuted by Assistant United States Attorney Tom Leggans.

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