Economic highs and lows rippled through Sequoyah County in 2009, including the county’s desperate attempts to keep the Sequoyah County Jail open and operating, which led to the approval by voters of a half-cent sales tax for the jail and sheriff’s office.
Meanwhile, the Town of Webbers Falls was embroiled in controversy and alleged misdoings, and Sallisaw lost one of its oldest buildings — which housed Farmer’s Furniture — to fire. But Sallisaw continued its growth and plans for growth through 2009 into 2010.
Sales Tax for Jail
Sequoyah County voters approved a half-cent sales tax on Oct. 13 that will keep the county jail open and sheriff’s deputies patrolling county roads.
The first time the question was put to voters in 2009, in June, the proposal for one-third of a half-cent sales tax for the Sequoyah County Sheriff’s Office was defeated by a vote of 780 to 1,186.
On the second try in 2009, county voters approved the sales tax by a vote of 3,352 to 1,500.
Sequoyah County commissioners and Sheriff Ron Lockhart asked the half-cent sales tax after the Sequoyah Country Criminal Justice Authority ran out of money to run the county jail. The authority included Lockhart, County Commissioners Mike Huff, District 3, and Bruce Tabor, District 1, Muldrow Police Chief Tony Lewis and Gore resident Dennis Fields, a retired police officer.
The authority was able to operate the jail on a third of a half-cent tax approved earlier by voters, as long as the Oklahoma Department of Corrections (ODOC) had prisoners lodged in the county jail. But, due to cutbacks blamed mainly on the economy, ODOC began removing prisoners from county jails, which were paid about $32 a month to house the state prisoners. The 114-bed Sequoyah County Jail housed over 30 state prisoners at one time, and was able to operated on the ODOC money received for housing those prisoners.
But when ODOC prisoners were transferred to state or private facilities, the county jail, and other county jails, lost that important revenue and had to find other money.
Because county money could not be used to operate the jail under the authority’s oversight, authority members gave up that oversight and turned the jail over the Sheriff Lockhart. By doing so, the sheriff was able to use his money budgeted money from county coffers to operate the jail. At the time of the turnover, the authority had about $8,000 left.
But Lockhart said he didn’t have enough money to operate the jail and keep deputies on patrol in the county.
Lockhart estimated jail operations cost about $1.4 million a year, and the sheriff’s budget was only a bit over $500,000 a year.
County officials at first thought the new half-cent sales tax for the sheriff and county jail would arrive quickly, but the state treasurer’s office informed county officials that the sales tax would not start collections until January, and the revenue would not be returned to the county for use until March.
It is expected that the sales tax will be, on average, about $90,000 a month for the jail. Combined with the one-sixth of a cent sales tax for the jail already in place, the tax is expected to bring in about $120,000 a month, or $1.44 million a year.
Still the county jail was left with little money until the sales tax revenue was collected and returned to the county. To get through that spare-funding period — from October to March — Lockhart has been cutting corners on jail operations, implementing programs such as having prisoners with insurance pay for their own medications, and housing prisoners for the Tulsa County jail at a fee of $27.50 a day.
Webbers Falls
The town of Webbers Falls was embroiled in turmoil throughout 2009. Controversy surrounded the mayor, police chief, a former water plant supervisor and trustees.
Former water plant supervisor for the Webbers Falls water plant, Stephen Wright, quit his job in November 2008. Wright took office as Muskogee County District 2 Commissioner Jan. 1.
In April Webbers Falls Vice Mayor Matt Myers said Wright continued to be covered by insurance through the town because of an agreement between Wright and Mayor Jewell Horne. Myers said the payments on the premium for Wright’s insurance were stopped in late March.
“A deal with Wright was made in turn for him to continue to do work at the water plant. Horne continued to pay insurance without the board’s approval. That is not the case any more,” Myers said.
But Susan Dwyer, city clerk, said that all five members of the board approved paying insurance for Wright as long as he did continue to work at the water plant.
Horace Lindley was hired in January to supervise the water plant and Wright’s insurance through the plant was cancelled.
Citizens also made allegations of the town’s fuel credit card being misused to put gas in the town trustees’ personal vehicles and the mayor endorsing the transactions.
Webbers Falls police chief at the time, Tim Brown, said he was told to use the card once to put gas in the mayor’s vehicle because her card would not work. Brown said that she had asked Officer Mark Adney to use his card twice to put gas in John Pollard’s vehicle because he was on an official business trip.
The Webbers Falls Police Department was forced to shut its doors Sept. 28 and Muskogee County Sheriff’s Office deputies are covering the town. The town of Webbers Falls was informed they couldn’t run a police department without a police chief. Webbers Falls fired their police chief, Tim Brown, after he turned over an investigation to Muskogee County District Attorney Larry Moore accusing two former Webbers Falls police officers of making an illegal stop.
Brown released a copy of the investigative report and made statements to media before the investigation was complete. As a result Brown was fired as chief. Both police officers were cleared of any wrong doing by the district attorney’s office and both officers filed a tort claim seeking $1 million in Muskogee County.
On Dec. 14 Webbers Falls Mayor Jewell Horne was charged in Muskogee County with 15 counts of embezzlement. The charges stem from complaints which poured into the DA’s office about Horne’s behavior and the possibility of misused money. Moore sent an investigator with the district attorney’s office, Richard Slader, to start investigating town records on June 8.
During the investigation Slader discovered a large amount of money that was misused. Slader’s investigation revealed deficiencies and no ordinances regarding the pay of town officials before 2007.
Horne was ordered Monday in Muskogee County District Court to appear at 10 a.m. Feb. 16 for a preliminary hearing on the charges.
Moore requested an investigatory audit of the town records by the State Auditor and Inspector’s office in Oklahoma City. A vote in 2007 that trustees were to receive $550 per month was approved. Town officials could not locate any previous ordinance. The only legally eligible paid board of trustee members were Robert Ogg, Loren Dwyer and Dennis Burton.
The ordinance was not established by law prior to her term in office. State law and the state constitution prohibit elected officials from receiving salary increases not approved before their election to the current term.
Dennis Berton claims he holds District 5 seat on the Webbers Falls Board of Trustees but other council members are trying to oust him. He said Trustees Robert Ogg and Loren Dwyer and Mayor Jewell Horne voted that he could no longer hold the office he was elected to because he is not a resident in the district since he purchased another residence that is outside of his district.
During the Dec. 8 town meeting Ogg said he, Horne and Dwyer voted that Berton is no longer a legal resident. Minutes from the meeting state a hearing to determine Berton’s residential qualifications was discussed.
Berton said he plans to attend every meeting despite being “ousted.” He said he doesn’t want to lose his District 5 seat because he believes he has a lot to offer the town of Webbers Falls.
Building Burned
On May 19, Sallisaw lost one of its historic businesses when Farmer’s Furniture was destroyed by fire.
The fire started at about 2:30 p.m. in a back room, and fire departments from around the county, from Fort Smith, Ark., and Poteau were called in to help fight the blaze and save the downtown area.
The building that housed Farmer’s Furniture stood 110 years on South Oak in Sallisaw. But after three hours, the only things left were the building’s outer walls.
James Virgil Farmer and his family owned the building since 1978. Two adjoining buildings on the north side suffered water, heat, and smoke damage, including Padgett’s Barber Shop, which was in that location for nine years and in business for a total of 50 years, and an art gallery that recently opened.
Dewayne Burgess, an employee at Farmer’s Furniture and a Sallisaw firefighter, said he went in the back door of Farmer’s at about 2:30 p.m. on May 19 to get ready for a furniture delivery and saw smoke.
“James Virgil was sitting there watching TV and I asked him where all the smoke was coming from. He said, ‘What?’ I said where did all the smoke come from and told him we needed to get out of the building. By the time I ran home and got a truck and came back the windows were already blown out. It was just that quick,” Burgess said.
Farmer’s Furniture sold its goods in one of the oldest buildings in the state. Although remodeled, its south wall was original to the 1899 construction.
“The south wall is probably the second oldest wall in Sallisaw. The exposed wall on the east side of Rambling Robs is the original wall of the Wheeler-Stevenson Furniture and Undertaking, which was the first business in Sallisaw,” Dick Mayo, former manager of the Mayo & Co. store and current columnist in Your TIMES, said. “It was established in 1896.”
The Farmer’s Furniture building was originally built by E.M. Pointer and W.D. Mayo for the Mayo & Co. general store, which opened Sept. 13, 1899, according to The History of Sequoyah County 1828-1975. The next year, W.D. Mayo bought out Pointer, his uncle. He operated the general store from 1900 to 1964. At his death in 1964, Mayo operated the oldest retail business in Oklahoma under continuous operation by the same person.
When the store closed in 1964, the building was rented to C.R. Anthony, and when Anthony’s moved, the building was rented to Hunt’s Department Store as a surplus store, Mayo said.
The building was sold to James Virgil Farmer in the mid 1970s, Mayo said, and the furniture store opened.
The barbershop has been rebuilt, but the corner where the furniture store and other businesses stood, remains empty.
Growth Continues
Although some businesses were lost, through closing or disaster, the city of Sallisaw continues its growth with plans for the future.
Sallisaw City Commissioners approved the plans for the Sallisaw Youth and Sports Complex and for a Sallisaw Downtown Park at their meeting June 8.
But, City Manager Bill Baker noted, it will be years before the complex and park may be completed because the estimated total cost of the park and complex is $20.7 million — $11.1 million for the sports complex and $9.6 million for the downtown park.
The sports complex, for which land has already been purchased on the city’s east side, will eventually include baseball, softball, soccer and football fields. The downtown park is designed to fit into the city’s park west of Sequoyah Memorial Hospital, and will include a new swimming pool with a splash area, skateboard facility, and four tennis courts as well as a playground.
Sallisaw residents approved a 5 percent hotel/motel tax, which went into effect in March 2007, and that money is designated for the youth sports complex. As of the end of 2008, the total tax collected was $223,792, part of which was used to purchase the 130 acres on the city’s east side. The lease-purchase contract for the property is for $460,000, with $100,000 down and payments of $8,152.65 for 48 months at an interest rate of 4.15 percent.
Although the hotel/motel tax is bringing in more than anticipated, Baker said he guessed it would be eight to 10 years before the sports complex was ready for use.
The dirt work has begun on the property, and includes clearing the property, determining where dirt should or should not be placed in order to drain well, and laying out the roads.
Plans for the sports complex and park will have to be done in small steps, Baker said.
In the meantime the city continues with plans for a second water source, most likely north of Brushy Lake, which is the city’s primary water source. Studies are underway in preparation for that project.
The city is also working on funding for a raw water transmission line and a 1.5 million gallon clearwell, where water will be stored.
The city has received bids for the 24-inch raw water transmission line, but has not awarded a contract yet. The line will run for 28,900 linear feet from Brushy Creek Lake to the Sallisaw Water Treatment Plant.
Murder, Mayhem
After nine years the mother of a 6-year-old boy was convicted of the first-degree murder of her son and was formerly sentenced to life in prison.
Second-time convicted murderer, Rebecca “Becca” Pettit, 43, was formally sentenced Dec. 15 in Sequoyah County District Court, Sallisaw.
Pettit was first convicted in March 2005 of first-degree murder for the April 2000 death of her son, David Adam Andy Ray Pettit.
John David Luton, first assistant district attorney, and Assistant District Attorney Kyle Waters prosecuted the case. During the third day of the first-degree murder trial, the witnesses were Iris Dalley, former Oklahoma State Bureau of Investigation senior criminalist who investigated the crime scene; Robert Riser, the former registered nurse who treated Pettit at Sparks Regional Medical Center in Fort Smith; Kenneth Wilson, a former deputy who stayed at the hospital; and Cindy Smith, a district attorney’s investigator who worked the case; and Ben Rosser OSBI agent; who assisted Daley with the crime scene investigation.
Undersheriff Roger Fuller, former Sequoyah County deputy, was called out to do a welfare check on Becca Pettit after she had not shown up for work and was unable to be contacted. Fuller testified Tuesday he knocked on the door of Becca Pettit’s trailer home several times without a response. He said he called Becca Pettit’s number and could hear her telephone ringing.
Fuller got permission to enter the home and when another deputy and the Roland police chief arrived they broke in the door. Fuller said immediately he noticed a very strong odor of decomposition.
The deputies discovered Adam’s decomposing body lying next to his mother in a bed. Becca Pettit was unresponsive and bleeding from her wrists, forearm and her ankles, from a possible suicide attempt.
David Dewayne Collins was charged with first-degree murder Sept. 30 and additional charges of first-degree arson and possession of a firearm after former felony convictions were added Oct. 14 in district court. Collins preliminary is scheduled for 9 a.m. Jan. 25.
Collins, 35, of Pocola was arrested Oct. 1 in Fort Smith, Ark., for the shooting death of Shannon Bryan Southern, 20, of Muldrow, whose body was found Sept. 22 in a burned home on Lee’s Chapel Road, southeast of Muldrow.
According to Shawn Ward, OSBI special agent, Dr. Andrew Sibley of the Chief Medical Examiner’s Offices, performed the autopsy and ruled the manner of death as a homicide caused by gunshot wounds. An interview with one of Southern’s friends revealed Southern owed Collins $50, Ward said.
The friend said they drove to meet Collins on Sept. 13, and Southern handed Collins $50. Collins handed Southern a pistol and told him to hang on to it because it was worth a lot more than $50. Later, Southern gave the .22 revolver back to Collins.
On Sept. 30 after further interviews and investigations an arrest warrant was issued for Collins. On Oct. 1 Fort Smith police along with Sequoyah County Sheriff’s Department deputies and OSBI agents arrested Collins.
According to the report Collins admitted he shot and killed Southern. Collins told Ward that he went to Southern’s home to talk to him about some money Southern still owed him. Collins told Ward he took a pistol with him to the door. Collins said he had the pistol in his waistband, according to the report.
Collins told Ward that when he knocked on the door and Southern opened it, Southern hit him.
“A fight ensued and Collins ended up shooting Southern while inside the house,” Ward reported.
Collins said he realized Southern was dead and was worried there was evidence that would link him to the crime, according to the report.
Ward reported Collins said he got the .22-caliber revolver which was the same gun Collins previously told Southern to hold. Collins said he grabbed a black semi-automatic pistol belonging to Southern. Collins said he poured gasoline in the living area of Southern’s home and ignited it. Collins told Ward he drove toward Fort Smith and threw both guns into the river between Arkansas and Oklahoma.
Karrie Cheater: In October Sequoyah County Deputy Greg Cox said Karrie Cheater, 26, of Muldrow surrendered to the Sequoyah County Sheriff’s Office, and was booked into the Sequoyah County Jail after a warrant was issued for her arrest in the death of Daniel Bittner of Fort Smith Ark.
Sgt. Levi Risley of the Fort Smith Police Department said Cheater faces a manslaughter charge.
Risley said emergency medical responders and Fort Smith Police Officer Scott Newton was dispatched to 4223 Newlon Rd. at 6:44 p.m. to check on a male who appeared to have been beaten and was unresponsive.
“First responders and EMS tried to get a response from Bittner but were not able to get him to respond,” Newton reported.
Newton also said in his report, “Bittner had a large amount of bruising on his face and a large amount of dried blood on his face as well.”
Newton spoke with Lucinda and Robert Eugene Cheater, the man and woman who live at the home where Bittner was allegedly beaten to death. Robert Cheater told Newton they had met Bittner Saturday night at Shamrock Liquor Warehouse in Fort Smith.
“They said they started talking to him and asked him to come home with them to drink alcohol,” Newton reported.
Robert and Lucinda Cheater told Newton that Karrie Cheater called about 10 p.m. and asked if she could come over and visit. While Bittner, Lucinda and Karrie Cheater were sitting in the kitchen drinking, Bittner supposedly called Karrie Cheater a “b----.“
“Bittner was chased from the residence by Karrie Cheater who allegedly beat Bittner up outside the residence,” Newton said in the report.
Lucinda Cheater told Newton that Karrie Cheater came back inside the home followed by Bittner 10 minutes later.
Lucinda Cheater told authorities she thought Bittner was just intoxicated and that is why she took so long to call EMS.
Risley said Bittner’s body was taken to the Arkansas State Crime Laboratory in Little Rock.
Risley said, “We believe Bittner died from his injuries but are still waiting for the medical examiner’s report.”
Karrie Cheater has former charges of assault and battery with a dangerous weapon in Sequoyah County District Court. Those charges were dismissed on Dec. 16, 2005.
Leon Markel Winston Jr. is charged with first-degree murder in the Sept. 27, 2008, death of Darla Lovern Caughman north of Sallisaw. The prosecution has requested the death penalty in the case.
Because of the first-degree murder charge and the death penalty request, attorneys with the Oklahoma Indigent Defense System (OIDS) were assigned to defend Winston.
After Winston was bound over for trial by Judge Dennis Sprouse, following Winston‘s preliminary hearing, OIDS attorney Gretchen Moseley said the defense needed time to prepare motions before Winston’s formal arraignment.
District Judge Jeff Payton had set Winston’s district court arraignment for 1:30 p.m. Monday, but the defense attorneys said they needed more time to prepare. They said because of money and time restraints, they needed a continuance so that witnesses could be interviewed and background checks on Winston’s behalf could be done in North Carolina, where Winston is originally from.
Payton said he hoped to get the case on the spring jury docket, and gave the defense attorney’s until Dec. 21 to file motions, and the prosecution, lead by John David Luton, first assistant district attorney, until Jan. 25 to answer those motions.
Payton set Winston’s next court appearance for Jan. 28 when it is expected his formal district court arraignment will be held.
Winston is accused of the stabbing and blunt force trauma death of 62-year-old Darla Lovern Caughman on Sept. 27, 2008, at Mrs. Caughman’s home north of Sallisaw. Caughman’s body was found early in the morning by her daughter and a health care worker. Caughman was lying in a pool of blood in the bathroom of her home. The state medical examiner reported Caughman was stabbed in the neck and severely beaten. Either injury would have caused her death, the medical examiner reported.
A preliminary medical examiner’s report showed that Caughman was stabbed in the neck so hard that her trachea was cut and the knife lodged in her spine. According to the report, Caughman’s chest had been stomped on so hard that nearly every rib was broken. Nine ribs were broken on one side and seven or eight ribs were broken on the other side.
In Winston’s preliminary hearing on the charges it was testified that he knew Mrs. Caughman through a healthcare worker who helped Mrs. Caughman take care of her disabled son. Some witnesses testified that Winston helped Caughman around her home, but other witnesses testified that Mrs. Caughman had expressed fear of the suspect.
Winston is being held at the Sequoyah County Jail without bond.
Vandalism
Vandals swept through the county causing over $1 million in damages to several buildings during 2009.
Several arrests were made during the investigation and Sallisaw Police Chief Shaloa Edwards said the vandalism was the largest case of this type of criminal activity he has ever seen.
The four main suspects ƒare Darrel James Jones, 19, Donald Dean Whitworth, 23, Jerry Dean Boling, 19, and a 16-year-old juvenile male, all of Sallisaw. A preliminary hearing for the suspects is scheduled at 9 a.m. Feb. 22 in district court, Sallisaw.
On Nov. 12, Special District Judge Dennis Sprouse scheduled a preliminary hearing at 9 a.m. Feb. 22, for Boling, Whitworth, and Jones.
During the arraignment Sprouse also appointed defense attorneys Scott T. Hickman from Roland to defend Jones, and Jeff Jones from Stilwell to defend Whitworth. Boling hired attorney Steven Ramm from Sallisaw to represent him during the preliminary hearing.
Whitworth faces one count of knowingly concealing stolen property, five counts of second-degree burglary and 79 counts of malicious injury to property. Whitworth is being held in Sequoyah County Jail on a $250,000 bond.
Jones was charged with second-degree burglary, knowingly concealing stolen property, and grand larceny. Jones is also facing more charges which are three counts of arson in the first, second and fifth degree, 10 counts of knowingly concealing stolen property, burglary of state property, two counts of second-degree burglary, seven counts of conspiracy to commit a felony, and 95 counts of malicious injury to property according to jail booking records.
Jail authorities say Jones is also facing additional charges of first-degree arson and endangering human life in commission of arson in Adair County. Jones is being held in Sequoyah County Jail on a $500,000 bond with a hold for Adair County.
On Oct. 27 vandals hit Blue Ribbon Auto Group in Sallisaw. Nearly 60 cars were destroyed.
On Oct. 29 Sallisaw High School was struck by vandals, which played crash derby with school buses. The suspects allegedly broke computers, televisions, cabinets, the windshield on the driver’s education vehicle, sprayed the fire extinguisher throughout the building and damaged 12 school buses.
A month before the high school was vandalized several cars were burned at Hog Creek Salvage in Sallisaw and police say the same alleged vandals where the suspects in the vandalism there as well.
Two more arrests were made in connection with the vandalisms. Stephen Laroy Kinsey Jr., 18, of Sallisaw was arrested Oct. 30 and charged Nov. 9 in district court with second degree burglary, knowingly concealing stolen property and malicious injury to property.
Kinsey is allegedly part of the group and was allegedly involved with the burglary at Hog Creek Salvage.
Joshua Stemmer, 19, of Sallisaw was also arrested in connection with the alleged vandals. Stemmer was charged with third-degree arson. Stemmer has a preliminary hearing scheduled at 9 a.m. March 1.
The alleged vandals’ luck ran out when a witness saw Jones’ vehicle in the area at the time of the vandalism at the Sallisaw High School. The witnesses’ report led police to the suspects.
On Oct. 30 Sallisaw Detective Herb Hutchinson, Sgt. Jeff Murray and Sequoyah County Deputy Greg Cox drove to Jones’ home on Badger Lee Road north of Sallisaw after receiving information about Jones’ truck being seen near the school on the morning of Oct. 27.
When officers arrived at Jones’ home they found muddy, wet shoes on the front porch with soles that matched the imprints left at the school. The officers took Jones, Boling and the juvenile to the Sallisaw Police Department for questioning.
So far, authorities say the four are suspected of being involved in vandalized boats at Snake Creek Marina in Cherokee County, the Greasy School fire in Adair County, Blue Ribbon Auto Group vandalism, a few car fires in Sallisaw and some vandalisms in Sebastian County.
