Batesville Municipal Court 2/22/13

Published 12:00 am Friday, February 22, 2013

Absent witnesses postpone trial in municipal court

By Emily Williams

The absence of two subpoenaed witnesses caused Judge Bill McKenzie to continue a drug case in Wednesday’s session of Batesville Municipal Court. Two juveniles who were ordered to be in court could not be found by the deputies.

The judge continued the case of James Sawyer, 602 Elm St., Marks, until March 20 so the witnesses can be found to testify. Sawyer is charged with possession of marijuana in a vehicle.

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“Do you know where to find them?” McKenzie asked.

“I know how to find Tyler Bell’s house but don’t know his exact address,” Sawyer said.

The other witness’ name was not mentioned in open court.

“If we need two witnesses for a case then we need them here in court,” McKenzie said as he continued the case.

Kenneth Abbott, 1179 Crouch Rd., Batesville, had a charge for leaving the scene of an accident dismissed after the affiant failed to prosecute. The charges were from five years ago.

Jodeci J. Reeves, 68 Hardy Rd., Courtland, entered a guilty plea to disorderly conduct-failure to comply. He entered the city’s work program for five days in lieu of paying $634.

Johnathan W. Miller, 429-A Farrish Gravel, Batesville, and Cody D. Appleton, 4583 Pope Water Valley Rd., Pope, both entered the city’s work program for five days in lieu of paying $355 for misdemeanor false pretense charges.

Miller told the judge he was at the home of a friend whose mother was out of town.

He said he was given permission by the woman’s daughter to write checks.

Detective George Williford explained to the judge four individuals were involved,  the other two being juveniles.

Checks written by Miller and Appleton totalled $160. Both defendants were ordered to pay restitution.

Chris Sullivan, 3166 C Deer Creek, Batesville, had a case continued for domestic violence-simple assault. He is being represented by attorney David Walker.

Nolan Henderson, 632 Ross St., Lambert, failed to appear for the second time for a shoplifting charge at Wal-Mart. Fox Bonding Company was notified.

Tammy Marie Darby, 63 Redbud, Pope, had a charge for no proof of insurance dismissed after she presented proof she had insurance. She also had a charge for DUI-other on February 15.

Darby showed the judge her prescription for the medication Phenergan.

“Ms. Darby, you are not charged with having an illegal substance,” the judge explained. “You are charged with driving under the influence of a substance. The law doesn’t want people driving down the road messed up.”

“Even if it’s nausea medication?” she asked.

“Ms. Darby,  any substance that would impair your driving,” the judge replied.

“Oh, and I am married. My last name is Abbot now. We just got married,” she added.

“Well, congratulations,” McKenzie replied.

Darby asked about the fine for the charge.

McKenzie told her the fine would be $779.

“Oh, I can pay the fine,” she replied.

He also explained she would be enrolled in driving school and she is not allowed to drive because her license will be suspended.

“Is my license suspended now? I need to take my step-son to school,” Darby asked.

“Did they take your license when you were arrested?”

“No,” she replied.

“Well, you will have to ask the Highway Patrol about that,” McKenzie replied.

Darby agreed she would contact the Highway Patrol to check on the status of her suspension, agreed to pay the fine within 30 days and go to the driving school.

Johnathan Smith, 4050 Highway 35 South, Batesville, was fined $527 for disorderly conduct and public drunk.