EKB News: 06/05/2011

Saturday, June 11, 2011

EKB Capsule News...Kentucky...6-12-'11

Pearl Combs, Jr., 58, of Perry County, pleaded guilty Thursday morning to an amended count of second-degree promoting gambling, a misdemeanor. Hazard Police say, while serving a warrant after receiving a tip that Combs was engaging in vote buying during the May 2010 primary election, they found four touch screen gambling machines at Combs’s High Street business on May 18, 2010. Combs was indicted by the grand jury last month on one count of first-degree promoting gambling, a Class D felony, but that charge was amended to a misdemeanor. The plea deal will have Combs pay a $500 fine and forfeit the machines as well as roughly $1,900 in cash found inside the machines in exchange for his guilty plea. Combs is scheduled to report to a federal penitentiary on June 14th to begin serving an 18-month sentence for vote buying after being sentenced in April alongside fellow Perry County residents Lewis “Cuz” Baker and Charles Marvin Herald for conspiring to buy votes in the 2010 primary. Baker and Herald were sentenced to serve 10 months and six months respectively.

A University of Kentucky tweet Friday about work under way toward a contract extension for basketball coach John Calipari came as no surprise as it followed the school's first trip to the Final Four in 12 years, advancement to the Elite Eight the year before and his recruitment of three straight No. 1-rated classes. Athletics Director Mitch Barnhart termed an extension as a means "to ensure that Calipari has long tenure at Kentucky." Calipari's current contract expires on March 30, 2017. Barnhart tweet, which represented the second straight year of talk about a new contract for Calipari, did not mention a pay raise. Calipari's original eight-year contract called for pay totalling $31.65 million.

Kathy Hart and her husband, Anthony Wayne Hart, a Berea couple indicted on human trafficking charges, pleaded not guilty Friday in Madison Circuit Court. The couple is accused of forcing their 13 and 14 year old daughters to perform sexual favors in exchange for money and gifts. The incidents allegedly occurred between October 10, 2009, and February 24, 2011. Madison County authorities began investigating the Harts on December 11th when a Foley Middle School teacher called Richmond Police to report two students from her school were dressed “inappropriately” as they stood in front of the cinema at Richmond Centre. Richmond Police Officer Nicholas Duvall says the girls were dressed in “lacy, hot-pink negligee-like tops, tight jeans and boots. Duvall interviewed both girls, who told him their mother “made them go out with guys for money, food and clothing. The teacher also told police she heard a man ask the girls’ father “how much he wanted for both of them.” Human trafficking is a Class B felony, punishable by up to 20 years in prison.

The Kentucky Cabinet for Health and Family Services (CHFS) is recognizing World Elder Abuse Awareness Day on June 15 by reminding citizens to immediately report suspected abuse or neglect. “We have a duty to protect Kentuckians of all ages from abuse, neglect and exploitation,” CHFS Secretary Janie Miller said. “Our most vulnerable citizens deserve our respect and our commitment to keeping them safe. We all can be a part of establishing their well-being.” Wednesday, June 15, marks the sixth annual World Elder Abuse Awareness Day, a time to raise awareness of elder abuse, neglect and exploitation throughout the world. In Kentucky, advocates of elder abuse prevention have encouraged individuals to wear purple to show their commitment to protecting older citizens and spreading the awareness message.

Governor Steve Beshear spoke out on the improving economy. "I am pleased to see that revenues continue to improve beyond budgeted expectations. It appears that we will end the current fiscal year with unexpected funds, though the amount, of course, won’t be known until we close the books after June 30. The May revenue report gives us additional hope that the revenue outlook for next fiscal year may improve beyond budgeted levels as well. Therefore, at this time no furlough days for state employees will be scheduled for Fiscal Year 2012. We will continue to evaluate whether any furloughs will be necessary to balance the $169 million budgeted gap in the FY 12 budget when we have updated revenue projections; however, if things continue as they are going now, they will be unnecessary. My sincere thanks goes to all state employees for their sacrifice. Nearly every state employee took these days regardless of position, including me. This sacrifice saved over 400 state jobs and helped us balance our budget despite incredibly difficult financial times, and it will not soon be forgotten. I join state employees as well as all Kentuckians in looking forward to a more robust economy.”

An intense storm roared through the Pikeville area Saturday. It appears the majority of the damage occured in the Pikeville city limits. Mudslides, rock falls and downed trees were the result of the cloudburst that happened shortly before 6:00 P.M. Several streets and roads in Pikeville were blocked for several hours as crews worked to clear the debris and downed tree limbs from city streets. On the East Kentucky Broadcasting Weather Center instruments, 1.42 inches of rain fell in less than a thirty minute period. Also, wind gusts were measured at 34mph.

# posted by Homer Owens @ 8:55 PM

EKB Capsule News...West Virginia...6-12-'11

Friday, U.S. Environmental Protection Agency officials defended proposed rules to cut power plant air pollution after American Electric Power announced Thursday the proposal could speed up the closure of three aging West Virginia power stations. U.S. Environmental Protection Agency officials said their proposals provide utilities ample flexibility for complying and give states the ability to further delay deadlines if necessary. EPA officials also noted the proposals are decades in the making, part of a congressionally mandated effort to reduce illnesses and premature deaths linked to power plant pollution. EPA says, "These long-overdue Clean Air Act standards will slash hazardous emissions of mercury and other acid gases, preventing thousands of asthma and heart attacks and premature deaths."

After five days and 50 miles, an estimated 350 surface mining protesters reached Blair Mountain Saturday after leaving Marmet on Monday. Marchers rallied at the mountain calling for an end to mountaintop removal, the protection of Blair Mountain, the strengthening of labor rights and a clean, local economy for central Appalachia. Famed environmentalist and lawyer Robert Kennedy Jr. and filmmaker Bill Haney vow their fight against mountain top removal coal mining in West Virginia is just getting started. Kennedy has spent much of his time over the past couple years traveling to West Virginia to fight big coal companies and mining practices that he says violate residents' rights to clean air, water and land. Kennedy said, "Two-thirds of the people in West Virginia are against mountain top removal, but not a single elected politician will say that." He also says, "The agency that's supposed to protect West Virginians from pollution (the state Department of Environmental Protection) has become the sock puppet of the industry it's supposed to regulate."

Former Huntington Police Captain 50 year old Steve Hall died after battling brain cancer for five years. Hall had retired from the police force about six months ago. Visitation was held Saturday at Wallace Funeral Home in Barboursville. The funeral will be held with a full police honor guard Sunday, June 12th, at 2:00 P.M. at Antioch Baptist Church in Ona.

State officials are reviewing the Huntington Work Release Center following four escapes in a month. Three inmates escaped from the center in the past week and a fourth escaped in May. Two of the inmates have been captured. Deputy Corrections Commissioner Jim Ielapi says the state's work release system, which also has facilities in Charleston and Beckley, has never seen four escapes in less than a month. Randall J. McGonagle escaped May 15th and was arrested nearly two weeks later. The other escapes were Dejuan Jones on June 3rd, David R. Knight on Monday and David Wayne Popp Jr. on Wednesday. Knight was captured on Wednesday in Huntington, and Popp was captured Friday night in Bluefield.

A surface coal mine proposed for Fayette County by Frasure Creek Mining LLC is causing concern because it would be located 7 miles from a new adventure camp and future home of the Boy Scouts National and World jamborees. Residents packed a meeting of the Fayette County Commission on Friday to urge the commission to speak up against the surface mine. Commission President Matthew Wender said while the commission does not have a hand in the permitting for mountaintop removal, officials would look into other possible actions. Frasure Creek Mining LLC is owned by the Essar Group, which is based in Mumbai, India.

# posted by Homer Owens @ 8:54 PM

Friday, June 10, 2011

EKB Capsule News...Kentucky...6-11-'11

Governor Steve Beshear says a rebounding state economy has pushed up government revenue to the point that additional furloughs of government employees appear unnecessary. The Beshear administration released the state's May financial report Friday, showing General Fund revenue up by 17.8 percent for the month and 6.7 percent for the fiscal year. That made 13 consecutive months of revenue increases, signaling what Budget Director Mary Lassiter called "a robust recovery." The Road Fund, which receives most of its revenue from fuel taxes, also reported an increase of 10.5 percent for the month and 11.6 percent for the year. Much of the growth could be attributed to a 9.3 percent rise in individual income tax receipts and a nearly 28 percent increase in corporate income tax revenue. The May financial report showed sales and use tax receipts up nearly 5 percent for the month and 4.3 percent for the year. Coal severance tax revenue was up 37 percent for the month and nearly 11 percent for the year. Beshear's Republican gubernatorial opponent, state Senate President David Williams, says the furloughs were "nothing more than a politically motivated gimmick" to give Beshear a talking point in a political ad, and that the governor has done a poor job with the budget while doing nothing to relieve the state's unemployment crisis.

Sixty-two year old Harold Carmical Jr., a man accused of defrauding investors in several states out of hundreds of thousands of dollars has pleaded not guilty in federal court in Kentucky. Trial was set for August 8th in London, Kentucky for Carmical, and a detention hearing was scheduled for June 21st. Carmical was indicted in January on charges of wire fraud, mail fraud and interstate transportation of stolen property and arrested May 5th in California. Prosecutors say Carmical recently lived in Somerset. The indictment alleges he represented himself as an elite investment broker beginning in November 2006 and continuing to early 2008. He is accused of obtaining approximately $900,000 from several investors in Somerset, Loveland, Ohio and Chicago by guaranteeing million-dollar returns, promising to pay living expenses and offering jobs.

Republican Senator Jimmy Higdon, R-Lebanon, who is the chairman of the Interim Committee on Program Review and Investigations, told cabinet officials Thursday that a report by the panel's staff shows oversight problems with Medicaid, the program which provides health care for 820,000 low-income Kentuckians. Higdon says the reports have raised concern over whether the Cabinet for Health and Family Services is ready to move the state's Medicaid program to a private managed care company by July 1st. In response, cabinet officials told state lawmakers they believe they will be able to negotiate managed care contracts and will step up monitoring when those contracts are in place.

Ten Kentucky counties have received grants to help link schools and local farms and try to serve healthy meals in school cafeterias. The Kentucky Department for Public Health Obesity Prevention Program awarded the $54,000 to Calloway, Carlisle, Daviess, Fayette, Madison, Marshall, Mercer, Owsley, Perry and Woodford counties. Local health departments will set up teams of food service directors, classroom teachers, farmers and community advocates to implement activities to help improve nutrition.

# posted by Homer Owens @ 8:16 PM

EKB Capsule News...West Virginia...6-11-'11

The U.S. Court of Appeals for the District of Columbia circuit issued an opinion Friday that Massey Energy, now owned by Alpha Natural Resources, is entitled to restrictions placed on its appeal of federal investigation of the Upper Big Branch Mine explosion. The company has asked for restrictions, barring the federal Mine Safety and Health Review Commission from taking photos and collecting dust samples from the site of the April 2010 Upper Big Branch mine explosion.

Bonnie Lou Vaughan, a former Department of Health and Human Resources economic service worker in Nicholas County, pleaded guilty to a charge of mail fraud, admitting she used the DHHR computer system to create benefits accounts for herself totaling over $20,000. Vaughan admitted Friday that in February 2008, she created an application for someone to receive Supplemental Nutrition Assistance Program (SNAP) benefits. She listed three other people as siblings of the applicant who lived in the applicant's household knowing that none of the individuals she listed had actually applied for benefits. Vaughan listed the individual's address as her own, and received the SNAP benefits in the form of an EBT card which she used on a regular basis to make purchases for herself at retail stores. Vaughan admitted to receiving $16,537 on the card. Vaughan also admitted to falsifying claims for Non Emergency Medical Transportation benefits. She would submit claims by clients and have the money mailed to her house. She was mailed a total of $6,212.30. She faces up to 20 years in prison and a $250,000 fine when sentenced September 15th.

McDowell County Sheriff's Deputies arrested Brian Hunley and charged him with wanton endangerment and manufacturing and possessing marijuana. After receiving reports of gunfire around 3:00 A.M. Friday, Deputies went to the Jenkinjones area where they found processed marijuana, marijuana plants and more than $12,000 in cash.

A new Kanawha County ordinance for pawn shops went into effect Friday. In an effort to prevent criminal activity in communities, and to impede the sale of metals, jewelry, electronics and other valuable items stolen from local businesses and residences, all pawn brokers located in unincorporated areas within Kanawha County must electronically report their transactions every day to local law enforcement. The ordinance includes penalties for shops that don't comply. They either face a citation or an arrest, with a fine of up to $500 dollars.

# posted by Homer Owens @ 8:15 PM

Thursday, June 09, 2011

EKB Capsule News...Kentucky...6-10-'11

A Pike County Grand Jury has indicted Jeffery Lowe, Randy Thomas, Cynthia Ryan, and Shannon Turner on murder and robbery charges in the death of Millard Thornhill. Officials say, on May 19th, Thornhill was shot to death and then his home in Hatfield was set on fire.

Just weeks before his trial was set to begin, Floyd County Commonwealth Attorney Brent Turner says Tony Ray Tackett of Printer pleaded guilty Monday to murder in the death of 56 year old Margaret Hall. Police say Hall was raped and strangled, and her body was found April 1, 2006 off of a strip mine road on Big Branch in the Harold Community of Floyd County. Tackett was sentenced to 25 years in prison.

At the request of Attorney General Jack Conway's office, Letcher County Circuit Court Judge Samuel Wright granted a temporary restraining order Thursday and appointed a receiver to oversee the finances and day-to-day operations of the Golden Years Rest Home in Jenkins. Wright said a receiver was necessary because Golden Years was unable to account for a "significant amount of personal funds of its residents" either because that money was misappropriated or because there were no records detailing what happened to some residents' money. The personal care home, which is licensed to care for 44 residents, has been the subject of multiple state censures for its failure to protect residents. In January, Jonah Tackett, who was overseeing the day-to-day operations at Golden Years, said some of the allegations were misstated or overblown.

Prestonsburg police say, early Wednesday morning, they found blood all over the Jenny Wiley Liquor store parking lot. Investigators say 23 year old Johnni Watts and 30 year old Mark Horne were attacked in the Village parking lot in Lancer. Prestonsburg Police Assistant Chief Bryan Hall says Mark Horne appeared to be struck several times in the head and all over. The victims, who are in critical condition in a West Virginia hospital, say someone attacked them with a baseball bat.

Seven people were indicted Thursday in an Oweley County drug ring. According to federal court documents, in April and May, Donald W. Terry, Thomas Little and Kristi Rae Davis made trips to Miami, Florida to get pills for Marvin and Jason Todd Reed of Booneville. Terry told authorities he met 40 year old Elisa H. Alston seven or eight times in April and May and she sold him 2,000 to 3,000 Oxycodone pain pills each time to bring back to Kentucky. The alleged conspiracy unraveled after Georgia police stopped Little and Davis on Interstate 95, near Brunswick, on May 15th and found 3,278 oxycodone pills in Little's pickup truck. Little agreed to cooperate with police. Federal agents arrested the Reeds on May 17th when they came to pick up the pills. Jerell Hughes Jr., a special agent with the U.S. Drug Enforcement Administration in London, posed as Little's son and talked by telephone with Alston, arranging to meet her at a Walmart parking lot in Miami Gardens on June 1st to buy 5,000 pain pills and 2,000 Xanax pills. Alston came to the meeting with 44 year old George Darden, whom she described as the source of the pills. They were both arrested. Each of the seven faces up to 20 years if convicted, or 30 years for those who have a prior felony drug conviction. The Owsley County residents have pleaded not guilty.

Police in Harlan County have arrested Tim Turner and Rachel Osborne and charged them with first degree murder, robbery, and kidnapping in the death of 58 year old Stephen Gibson, who was found dead in his home last Friday.

Jason Daniels and Laura Harmon, two Martin County parents are charged with endangering the welfare of a minor after police say their children were left alone in a hot car Tuesday while they went into Evans Pawn Shop. Deputies say the two young boys had poured water on the two month old baby to cool her off.

Thursday, Jefferson Circuit Judge James Shake sentenced Said (sy-EED') Biyad, a Somali immigrant from Louisville who was convicted in an April bench trial, to life without parole for killing his four children and attacking his wife. Prosecutors argued that Biyad was a "possessive, angry man" who slit the throats of his children, ages 2 through 8, following an argument with his wife in 2006. Defense attorneys had argued that Biyad was mentally ill and not responsible for his actions.

The U.S. Army Armor School is putting the finishing touches on its yearlong move from Fort Knox, where it has been located for 71 years. The school will case its flags Friday at the post as the last remaining parts shift to their new home at Fort Benning, Georgia. The 2005 Base Realignment and Closure announcement directed that by September of this year the armor and cavalry training mission would no longer be at Fort Knox, while increasing the post's population by almost 5,000 with incoming organizations. Some of the courses taught at Fort Knox have moved to Fort Benning during the past year.

Kentucky men's basketball coach John Calipari has been nominated for a regional Emmy award for his role in a telethon for earthquake relief in Haiti. WKYT-TV submitted 12 people, including Calipari, as part of its entry for the Hoops for Haiti telethon. The Kentucky team participated in the telethon, which raised more than $1.3 million for earthquake relief in Haiti. President Barack Obama phoned the team to thank them. The program is one of four nominees in the special achievement for community service category in the Ohio Valley Regional Emmy Awards competition. Winners will be announced July 30th. Other nominees in the category include work by Louisville station WHAS; a program on autism by WCMH in Columbus, Ohio; and a pet-themed special produced by Cincinnati company Blind Squirrels Production Group for Kroger and Nestle Purina.

Former college students with at least 90 credit hours are eligible for a Kentucky program that helps adults get their education back on track. The Kentucky Council on Postsecondary Education says in its first three years, Project Graduate has helped 492 former students complete their bachelor's degrees. The program is a collaborative effort between the council and the state's public universities. Each campus program has an advocate who specializes in working with adult students and their unique needs. Special incentives that are offered include free applications, priority enrollment, after-hours intake, and academic and career advising, although incentives vary by university.

A father and son from Kentucky face several years behind bars after pleading guilty to their roles in a large marijuana-growing operation in Iowa. Eugene Cecil Burnett and Kelly Eugene Burnett of Monticello, Ky. were taken into custody after entering guilty pleas in federal court in Cedar Rapids on Monday to conspiracy to grow or attempt to grow over 100 marijuana plants. The charge carries a mandatory minimum sentence of 5 years in prison. Prosecutors say the Burnetts admitted they were unloading marijuana to plant in a cornfield in 2008 when the field's owner approached and they drove off. Investigators seized hundreds of marijuana plants from the ditch where the truck was parked and later from the truck, which was eventually stopped on Interstate 80.

A central Kentucky man involved in a fatal car chase has pleaded guilty to murder and other charges. Brandon Lee Jessie entered guilty pleas Tuesday in Hardin Circuit Court to a total of nine charges in the case. He had been scheduled to go to trial June 15th. Police say Jessie was fleeing from officers in a stolen Mitsubishi Outlander last year when he ran a red light and crashed into another vehicle, killing its driver, James Fentress of Elizabethtown. Prosecutors are recommending a 35-year prison sentence. Jessie will be formally sentenced June 21st. Defense attorney Kathryn Thomas declined to comment, citing pending theft charges against her client in Barren County.

Three new members have been appointed to the Kentucky Arts Council board. They are Carla Bass Miller, a community volunteer from Louisville; John S. Hockensmith, a professional photographer, author and artist from Georgetown; and Roanne Victor, also a community volunteer from Louisville who previously served on the board from 2001 to 2005. Governor Steve Beshear made the appointments, along with reappointing Zev Buffman for another four-year term.

# posted by Homer Owens @ 11:23 PM

EKB Capsule News...West Virginia...6-10-'11

Martin Engineering gave $25,000 and its partner SCP Engineering announced a $5,000 donation Wednesday to the Upper Big Branch Mining Memorial Group. SCP also issued a challenge for other businesses that supply to the coal industry to match the donation. The non-profit Upper Big Branch Mining Memorial Group was formed in February 2011 to raise funds to establish a memorial for the 29 miners killed in the explosion of the Upper Big Branch Mine in April 2010. The memorial group will officially kick off the fundraising efforts at the end of summer. Organizers hope to have the memorial finished by next April.

The March on Blair Mountain continued on Thursday, as marchers headed toward Blair on the border of Boone and Logan counties. Rebecca Rast, a spokeswoman for Appalachia Rising, the group coordinating the 50-mile march, says the number of marchers has grown from 75 people to 325, and they're expecting 1,500 people in Blair on Saturday. Saturday morning, marchers and other people will gather at the baseball field in Blair at 10:00 A.M. for a rally and a march up the mountain later in the day. The march commemorates the famous Battle of Blair Mountain, waged in late August and early September 1921 between union miners, on one side, and deputies and coal company guards from Logan County. Rast says goal of the march is to save Blair Mountain and stop mountaintop removal mining.

Just before 3:30 P.M. Thursday afternoon, police responded to the scene of a shooting at the Oakwood Terrace Apartments on Leslie Road in Charleston where a man had been shot in the abdomen. The man was transported to Charleston Area Medical Center General Hospital. He told police he didn't know who shot him, but a Charleston detective says the man's wound was self-inflicted.

Police arrested John Barnett and charged him with first degree robbery after they say he entered the Rite Aid along Washington Street West in Charleston around 3:40 P.M. Thursday, pulled out a knife and demanded prescription pills. Barnett told police he wanted to be arrested because he is homeless.

Police say a car and coal truck collided Thursday morning on Cabin Creek Road near Dry Branch in eastern Kanawha County, killing one person.

State Police in Calhoun County say Thomas Husk, 45, of Big Bend, fatally shot John Cyrus, 45, from Chloe, during a fight on Trippett Road on Wednesday night. Troopers say Cyrus approached Husk's vehicle and started punching him and that's when Husk shot Cyrus three times. Husk is charged with second degree murder.

Charleston Police are looking for a suspect after a murder occurred on the city's West Side around 12:30 A.M. Thursday morning. Police say 26 year old Timothy Thompson of Amandaville was discovered outside a home at the intersection of Stockton and 1st Avenue after neighbors reported hearing gunshots. Thompson, who was dead when police arrived, had been shot several times.

Ersel Prince Jr., 61, of Neibert, in Logan County, pleaded guilty Wednesday to the illegal distribution of prescription drugs. Prince admitted that on three occasions in February and March he distributed Oxycodone and that he sold at least 400 OxyContin pills and 500 to 600 Roxicodone pills in the past two years. Prince also said he had firearms in his home to protect his drug distribution operation. He faces up to 20 years in prison and a $1 million fine when sentenced September 28th.

John Oliver Brown, 36, of Charleston, has been sentenced to 18 months in prison for conspiracy to sell marijuana. Brown admitted he sold one pound of marijuana for $1,750 on July 22, 2010 to a confidential informant with the Metropolitan Drug Enforcement Network Team and two pounds of marijuana for $3,500 on August 2, 2010. Officers went to Brown’s apartment to make the purchase and found him with a 10-pound bag of marijuana he later told them he planned to sell, digital scales, more than $19,000 cash and a loaded firearm.

Kanawha County Commission President Kent Carper has called on Janet 'JT' Thompson, the Democrat candidate in Charleston's mayoral election, to substantiate her claims that May's election was not fair. Thompson was the only candidate running against Republican Danny Jones in the May 17th election in which Jones won nearly 70 percent of the vote. Thompson has filed a 'notice of election contest' with the city of Charleston and the county. Carper sent a letter to Thompson inviting her to Thursday's regularly scheduled commission meeting to clear up her disputes. He also says that if Thompson does not have proof of her allegations, she should withdraw her complaint and apologize.

Several crews were on scene with bloodhounds Thursday morning searching for 76 year old Bud Adkins of Wyoming County who was last seen on Tuesday. Sheriff's deputies said Adkins left his house in Key Rock to go to the doctor and never returned.

Wyoming County Sheriff's deputies say Coy Adkins died as the result of the accident which happened Wednesday night on Route 971 in Lynco. The driver of the vehicle was transported to a hospital for treatment.

Twenty-four year old John Anthony Donohue of Martinsburg, a former West Virginia State Police trooper, is free on $10,000 bond and has waived his right to a preliminary hearing on charges he solicited sex and nude photos from two 16 year old girls. Donohue resigned at the end of March after being accused of having sexual contact with one girl on March 18th and attempting sexual contact with the other. Sgt. D.E. Boober says Donohue had face-to-face discussions and text-message exchanges with the girls although he knew they were underage.

American Electric Power, the parent company of Appalachian Power, released the company's compliance plan Thursday, saying it would have to close several power plants, including some in West Virginia, in order to comply with regulations proposed by the federal EPA. The plan includes retiring nearly 6,000 megawatts currently produced at coal-fired power plants. AEP says it would permanently retire the Kanawha River Plant at Glasgow in eastern Kanawha County, the Phillip Sporn Plant at New Haven in Mason County and the Kammer Plant in Moundsville by December 31, 2014. Part of the plan would be to rebuild the Kentucky Big Sandy power plant at Louisa to burn natural gas instead of coal by the end of 2015. AEP says its compliance plan could cost as much as $8 billion. AEP says compliance by 2014 instead of 2018 or 2020 will hike West Virginia customer's electric bills by up to 15 percent, in Kentucky up to 35 percent.

During a ceremony Wednesday night in Charleston, the West Virginia Department of Education recognized 86 teachers who earned National Board Certification in 2010. The National Board for Professional Teaching Standards establishes the highest and most rigorous standards for what teachers should know and do. The National Board Certification is the highest certification in the nation. Across the country, about 91-thousand of the nation's most effective teachers have met the highest teaching standards by becoming National Board certified, including about 600 in West Virginia.

# posted by Homer Owens @ 11:20 PM

Wednesday, June 08, 2011

EKB Capsule News...Kentucky...6-9-'11

A Pike County community said a sad goodbye Wednesday to Feds Creek Church of Christ minister, 63 year old William "Buddy" Hall. Hall was fishing with two grandsons Saturday at Ratliff Hole in Elkhorn City when the water got too swift. Hall had a rope tied around each of the boys, and when he went down, in order not to take them down, he turned loose of the rope and let them go.

Whitley County Sheriff's Deputies say, on Tuesday, an AT&T employee caught two people in the process of stealing cable, worth $3,000, in the Gatliff community. The suspects took off, but the employee was able to provide a good description of them and their car. Deputies spotted the car on Highway 904. After a three mile chase, 30 year old Edna J. Holt, of Mud Creek was taken into custody, but the man ran. Holt is charged with theft by unlawful taking.

Paintsville doctor Richard W. Albert, whose Care Management Clinic was by raided February 16, 2011 by federal law enforcement officials, has been charged with conspiracy to distribute and dispense schedule II controlled substances without a legitimate medical purpose between January 1, 2008 and February 16, 2011. An undercover investigation began in January 2009 after the Kentucky Attorney General’s Office received information from the Paintsville Police Department about what appeared to be a “pill mill” operating at a strip mall in Paintsville. The investigation continued through February 1, 2011. Dr. Albert appeared in U.S. District court in Pikeville last week where he waived his right to a preliminary hearing. The case now goes to a federal grand jury. During the raid, federal, state, and local law enforcement agents confiscated medical records and computers and arrested numerous people on the clinic’s parking lot on charges ranging from public intoxication, drug possession, outstanding criminal warrants, and suspended licenses, but Dr. Albert was not charged or arrested during the raid.

A death investigation is underway after 33 year old Shawn Sweet was found dead inside his London home on Rader Ridge Road around 2:30 P.M. Tuesday afternoon. Sweet, who was found hanging and unresponsive by his girlfriend, was transported to St. Joseph Hospital in London where he was pronounced dead. No foul play is suspected.

Betting services allowing Kentuckians to make phone or online wagers on horse races are facing the prospect of being licensed by the state as a result of action by the Kentucky Horse Racing Commission. The proposed regulation approved Wednesday calls for licensing advance deposit wagering operations with Kentucky customers. The regulation now heads for a review by state lawmakers. Currently, ADW bets are exempt from a levy applied to other types of wagers made on Kentucky horse races.

The Kentucky Horse Racing Commission on Wednesday denied Kentucky Derby-winning trainer Rick Dutrow Jr.'s request that his license application be withdrawn. Earlier this year, the commission's License Review Committee denied Dutrow a license to race in the state in 2011. Commission executive director Lisa Underwood said at the time that the committee's denial was based on Dutrow's "consistent disregard for the rules of racing." Underwood said Wednesday the commission's latest decision means Dutrow's appeal can proceed to a hearing officer, who will review the case and submit a recommendation to the commission which can accept, reject or modify it. Dutrow won the Derby and Preakness in 2008 with Big Brown but has had trouble staying out of trouble since.

Scott Wendelsdorf, the public defender for 30 year old Waad Ramadan Alwan, an Iraqi refugee charged with trying to send weapons from the U.S. to al-Qaida operatives in Iraq, opted not to pursue a bond hearing just before the scheduled start of court proceedings in Bowling Green on Wednesday morning. Alwan is charged with conspiracy to kill a United States national, conspiracy to use a weapon of mass destruction and attempting to provide material support to terrorists. Charged with Alwan is 23 year old Mohanad Shareef Hammadi. He has also waived his detention hearing.

A new law went into effect Wednesday to try to crack down on metal theft in Kentucky. House Bill 242 passed both houses of the Kentucky General Assembly during the 2011 legislative session and was signed into law by Governor Steve Beshear on March 16th. It prohibits anyone from buying or selling metal that has been smelted, burned or melted. Attorney General Jack Conway says metal thefts cost businesses nationally around $1 billion dollars each year, including hundreds of thousands of dollars in property damage. It can also affect public safety by compromising communications or emergency response capabilities, such as 911 service. Penalties for damaging a communication or utility facility or interrupting services can include a felony conviction carrying prison time and heavy fines.

In a speech at Johns Hopkins University’s Paul H. Nitze School of Advanced International Studies in Washington Wednesday, Senator Rand Paul urged “a more restrained” foreign policy for the United States, one that recognizes constitutional constraints and the need to cut costs. Paul, who said Congress has become not even a rubber stamp, but an irrelevancy,” argued for a congressional vote on the U.S. military action in Libya, saying lawmakers have been left out of foreign policy decisions expressly reserved to Congress by the Constitution. Paul has been a frequent critic of the Obama administration’s decision to participate with NATO allies in a military campaign to oust Libyan dictator Moammar Gadhafi.

Deputy Chief Justice Mary C. Noble, who was a Fayette County circuit judge for 15 years and served two consecutive terms as chief regional circuit judge, became the first woman to preside during oral arguments in the Kentucky Supreme Court on Wednesday. In the absence of Chief Justice John Minton Jr., who recused himself, Noble oversaw arguments in the Hancock County spousal rape case of Randy Leinenbach. Leinenbach claims his conviction should be overturned based on ineffective counsel. Noble has served as deputy chief justice since last year. She was elected to the Supreme Court from the central Kentucky region in 2006.

If Kentucky's highways and byways look a little cleaner this week, you can thank the Adopt-a-Highway program. The Transportation Cabinet says this is Adopt-a-Highway Summer Scrub Week, and volunteers are expected to be out across the state cleaning the roadsides. Volunteers adopt two-mile sections of highway under a contract with the cabinet. More than 900 groups participate in Kentucky's program, cleaning some 6,800 miles of roadside annually. The cabinet says it spends $5 million and 200,000 worker hours every year removing 96,000 bags of highway litter and that the Adopt-a-Highway program helps save taxpayer dollars.

Young Kentucky readers can get a head start on their college funds by participating in a summer reading program. The Kentucky Department for Libraries and Archives and the Kentucky Education Savings Plan Trust are sponsoring the Destination College Savings Sweepstakes as part of this year's Summer Reading Program. The sweepstakes will award a $1,000 college savings account to eight children, 18 or younger. Each winner's local public library will receive $500 toward future reading programs. To enter the sweepstakes, fill out an entry form at the local library when signing up for the Summer Reading Program.

# posted by Homer Owens @ 11:23 PM

EKB Capsule News...West Virginia...6-9-'11

Delegate Larry Border, R-Wood, a longtime member of the West Virginia House of Delegates died Wednesday at St. Joseph's Hospital in Parkersburg where he was taken Tuesday after suffering a massive stroke. The House Minority Whip is serving his 11th term in the House after first being elected in 1990. He also serves as minority chairman of the House Health and Human Resources Committee and is a pharmacist, farmer and developer. He celebrated his 60th birthday on June 3rd.

Police say, David Wayne Popp Jr. escaped from the Huntington Work Release Center Wednesday, making him the third person who escaped from the center in the past five days. Popp was serving time for daytime burglary in Mercer County. Popp is described as a 25 year old white male. He is 6'3" tall and 200 pounds, with brown hair and brown eyes. David Knight and Dejuan Jones also escaped. Knight was caught Wednesday evening.

Frank Imperiale, an 88 year old Mercer County man, traveled to the Capitol on Tuesday where he received $169,491.20 from the West Virginia Unclaimed Property Division. State Treasurer John Perdue presented Imperiale with a check from a savings account Imperiale opened in the 1940s. It had not been active and ended up in the state's hands. Frank said he began depositing money into the bank while working on the East Coast in places ranging from New Jersey to Boston to Washington, D.C. and making about $64 per week. He has spent most of his life working construction and traveling to places such as Guam, Alaska and Canada. Frank's brother, Xavier, 80, received a check from the state for $630,837 in 2003 for unclaimed property. The state also found another $25,000 that belonged to him that year. The brothers have received a combined $825,328.20. So far, the office has returned more than $100 million to its rightful owners, but Perdue says more than $120 million remains in the state's unclaimed property holdings. To check the list of unclaimed properties, go online to www.wvtreasury.com.

Brandon Sherrod, 20, of Charleston, who was sentenced to life in prison, with a recommendation of mercy, for the first-degree murder in the shooting death of James Williams, 19, of Charleston, said in court Wednesday that he will appeal his case to the state Supreme Court. The jury decided he should receive mercy, meaning he will be eligible to go before a parole board after serving 15 years. Williams was shot through the kitchen window of his Grant Street apartment in November 2009. Sherrod denied killing Williams, but he did not testify in his own defense. Sherrod's court-appointed defense attorney, Ed Bullman, made a motion for a mistrial after witness Michelle Bailey told the jury Sherrod looked different in court than he did at the time of the murder. Asked what she meant, Bailey replied, "You look much healthier when you are in jail." Bullman immediately objected to the comment that revealed Sherrod was incarcerated, a fact the jury wasn't supposed to know. The judge instructed jurors to disregard the question and the answer but denied Bullman's motion for a mistrial.

Guy Escue III, 26, of St. Albans, was sentenced to seven years in federal prison Tuesday on charges of possession of a firearm by a convicted felon. Escue was prohibited from owning a firearm based on two felony convictions when police found a loaded .380 pistol underneath his mattress. Following a drug tip, police went to Escue's residence on May 24, 2010 and found him possessing a firearm that had been previously reported as stolen.

Larry Allen Hayes Jr., 22, of South Charleston was arrested in October and charged in the death of his girlfriend's 18-month-old daughter. Kanawha Circuit Judge Paul Zakaib refused to lower his $500,000 cash bond, meaning he will remain jailed until his July trial. His trial was scheduled to begin last week but prosecutors requested a postponement to have time to review a medical opinion from the defense. Hayes' court-appointed attorney, Richard Holicker says a physician believes the child's injuries were older, and the injury the state is attributing to Mr. Hayes is not in fact the cause of the child's death. Assistant Prosecutor Jennifer Meadows asked the judge to keep the bond at $500,000 cash, saying she believes the state will have adequate evidence to refute their witness.

Allen Thomas, 22, of Detroit, pleaded guilty Tuesday to conspiracy to sell more than 1,000 prescription pills in the Charleston area. Thomas admitted that, between July 2010 and March 23, 2011, he possessed, distributed and intended to sell a total of 950 40-milligram oxymorphone hydrochloride pills and 100 30-milligram oxycodone pills. Thomas also admitted he and another man rented a hotel room at the Microtel Hotel in South Charleston in March where police found him with $5,544 in cash along with more than 100 prescription pills. Police say Thomas would restock on the oxymorphone hydrochloride, known as "Opana," and oxycodone, known as "Roxicodone," in regular trips back to Detroit. Thomas faces up to 20 years in prison and a $1 million fine when sentenced on September 7th.

Kanawha County Sheriff's Deputies say Ronald Gene Reynolds, 46, of Clendenin, was walking along U.S. 119 near Spencer Road about 6:00 A.M. Wednesday morning when he was struck by a vehicle driven by 36 year old Carolyn Sue Brown of Bomont. Reynolds was taken to Charleston Area Medical Center General Hospital where he was pronounced dead. Brown was transported to St. Francis Hospital and treated for minor injuries.

Hundreds gathered along Interstates 79 and 77 in West Virginia on Wednesday to get a look at the US Airways Flight, forever know as "Miracle on the Hudson", as it rolled by at a controlled 50-mile an hour trek on its way from New Jersey to Charlotte, North Carolina where it will be forever enshrined in a museum. The plane left Flatwoods, West Virginia around 8:00 A.M. Wednesday and arrived around noon in Charleston. The plane spent the night in Bluefield, and, by Friday, it will roll into its permanent home at the Carolina Aviation Museum in Charlotte.

Dozens of motorcycles rumbled into Charleston Wednesday morning as part of the annual Ride4COPS event in memory of the 181 West Virginia police officers who have lost their lives in the line of duty, and it is a way to raise money for the fallen officers’ families. The ride started at the West Virginia State Police Academy in Institute and ended at the law enforcement memorial at the Capitol complex. A former officer founded Ride4COPS in 2009, and he plans memorial rides in each U.S. Capitol city to raise awareness and funding.

# posted by Homer Owens @ 11:20 PM

Tuesday, June 07, 2011

EKB Capsule News...Kentucky...6-8-'11

A preliminary accident report released this week from the National Transportation Safety Board says the plane that crashed May 25th in the North Carolina mountains of Cherokee County while flying from Atlanta to Hazard plunged several hundred feet after the pilot, Matthew Shuey, declared an emergency and disappeared from the controllers' radar screens. Shuey reported a fire on board and then never responded to questions from air traffic controllers. The four people killed in the crash were identified as 27 year old Matthew Shuey of Nicholasville, 23 year old Tiffany Maggard, 22 year old Kassie Robinson and 20 year old Miranda Morgan. The three friends from Knott County, spent a week in Alabama and were flying back to Hazard. Three witnesses told investigators the plane's engines started revving just before it crashed.

After a nearly 24 hour manhunt, police found and arrested convicted rapist, 40 year old Clayton Clouse Jr. Tuesday evening on the river bank at the Johnson-Floyd county line, near ThunderRidge. Police say Clouse assaulted two 12 year old girls Monday night in the area of Hanging Rock in Paintsville.

Governor Steve Beshear announced Tuesday that Kentucky will receive a $4,276,514 National Emergency Grant from the U.S. Department of Labor that will create about 317 temporary jobs for eligible dislocated workers to assist with clean-up and recovery efforts as a result of the severe storms, tornadoes and flooding that struck Kentucky in April.

A preliminary hearing will be held Thursday in Letcher District Court for 58 year old Bruce C. Lebrun, a man charged May 18th with intimidating a witness in the drug-trafficking case of 39 year old Joseph Jay "J.J." Wright, a suspended umpire for the Kentucky High School Athletic Association. Wright has been suspended as a KHSAA umpire for softball and baseball since he was charged with trafficking in the painkiller Oxycodone in late April. A criminal complaint in Letcher District Court says that, on May 14th, using hand gestures, Lebrun imitated the action of pointing and firing a handgun at the cooperating witness. Lebrun was released from the Letcher County jail on May 18th on a $5,000 bond. He pleaded not guilty.

The attorney for 23 year old Mohanad Shareef Hammadi, one of two Iraqi nationals charged in Kentucky with trying to send weapons and money to al-Qaida operatives in their home country, filed notice Tuesday to forgo arguments for release from custody. The detention hearing was scheduled for Wednesday in Bowling Green. Hammadi is charged with attempting to provide material support to terrorists and knowingly transferring, possessing or exporting a device designed or intended to launch or guide a rocket or missile. His co-defendant, 30 year old Waad Ramadan Alwan, is charged with conspiracy to kill a United States national, conspiracy to use a weapon of mass destruction and attempting to provide material support to terrorists.

Governor Steve Beshear signed about 100 bills into law earlier this year, most of which will take effect Wednesday, including the corrections reform bill. In an effort aimed at reducing the over-crowded jail population in Kentucky and save the state $400 million in 10 years, non-violent offenders will be cited by law enforcement rather than being placed under arrest. Among the new laws is one that will allow optometrists to perform some medical procedures that previously had been reserved for ophthalmologists. Ophthalmologists had bitterly opposed its passage, but lawmakers overwhelmingly supported the move, insisting it was crucial to some of the state's medically underserved rural communities. One will allow pharmacists to give flu shots to children ages 9 to 13. Another will require high schools to provide seniors with information about registering to vote. Another will increase the maximum political contribution to school board candidates from $200 to $1,000. A change in judicial law will allow people to recoup more money in small claims courts. The new law allows people to collect up to $2,500 for successful small claims, up from the previous $1,500.

Operation UNITE announced Tuesday that six more arrests have been made in a yearlong investigation of drug trafficking in the area of Harlan County, most from the area of Cumberland, Benham and Lynch. A total of 52 people were indicted in the case. Tuesday's action brings the total arrests to 36.

Former Scott County High School basketball star Jonathan "Bud" Mackey of Georgetown was sentenced to 15½ years in prison Monday for felony theft, escape and trafficking in a controlled substance, along with a probation violation. Mackey received 10½ years for the theft, escape and drug trafficking charges. His probation on a previous possession of cocaine charge was revoked, adding 5 more years. He will be eligible for parole in a little more than three years. Mackey pleaded guilty in April to the theft, escape and drug trafficking charges as part of a plea agreement. He was charged in September 2007 after police said he had 1.6 grams of rock cocaine in his shoe. According to an arrest warrant issued last year, he and three co-defendants intentionally struck a woman numerous times and stole $520 from the victim. Police say Mackey had a small black pistol in his pants and told the victim she was lucky he did not shoot her.

Kentucky State Police Officer Bradley Gillock, 32, was responding to a complaint at Rowan County High School in Morehead Monday morning when a deer jumped in front of his cruiser on Flemingsburg Road. Gillock swerved attempting to miss the deer, but instead hit it, lost control, hit a sign, traveled up an embankment and flipped several times before hitting a building and a parked car. Gillock had to be cut out of his cruiser by crews from the Morehead Fire Department. He was transported to Saint Claire Medical Center where he was treated and released.

Lexington attorney Jennifer C. Philpot, who practices part-time and teaches at Eastern Kentucky University, has filed a federal lawsuit in U.S. District Court in London in which she alleges that, while she was in Clay County last June to visit her mother, she was arrested on a charge of alcohol intoxication, which was later dismissed, and strip-searched without justification by two eastern Kentucky jail employees who made racial slurs after she went to a public pool with a biracial child. Philpot says a body cavity search was not justified. Named as defendants are the two guards, whose names weren't known, and Jailer Kenny Price, as well as several other officials.

A judge in Grayson has sentenced Robin Maple to life in prison, without parole or probation, for the shooting death of his ex-girlfriend, Melissa Patrick. Police say, in October 2008, Maple escaped from jail in Montgomery County where he was being held after his arrest on charges that he kidnapped Billy Mapel, an infant son he and Patrick had together. Authorities say Maple kidnapped Patrick and fatally shot her in Morgan County.

With a new law in effect, July Fourth fireworks in Kentucky may be a little taller and brighter this year. The new law allows people to buy and use fireworks that shoot into the air. Kentucky Fire Marshal William Swope says state law now allows people to buy what is known as "1.4 consumer fireworks," or items such as Roman candles, firecrackers and bottle rockets, as long as local ordinance allows it. The statute also includes some safety features. Swope says people younger than 18 aren't allowed to buy or sell fireworks,. The fireworks can't be used within 200 feet of a structure, vehicle or other person and can't be sold to anyone under the influence of drugs or alcohol.

.The Kentucky Historical Society (KHS) has announced that Donnie Wilkerson, a teacher at Jamestown Elementary in Jamestown, Ky., has been named the 2011 Kentucky History Teacher of the Year. The award is co-sponsored by The Gilder Lehrman Institute of American History, HISTORY® (History Channel) and Preserve America. Wilkerson has been teaching at Jamestown Elementary for seven years, after a diverse career which included owning several businesses and serving as the mayor of Jamestown from 1993-98. As a fifth-grade American history teacher, Wilkerson quickly became a leader with both students and colleagues. He has presented workshops to other teachers and has brought the past to life for his students through exciting in-class lessons, as well as out-of-class field trips to places such as Locust Grove and Constitution Square—extracurricular options he provides for students on Saturdays called “Kentucky Adventures.” Wilkerson, a Jamestown resident, will receive a $1,000 honorarium and will be in the running to be named the National History Teacher of the Year this fall.

Kentucky State Police Post 13 in Hazard recently participated in the Click It or Ticket Campaign which ran from May 23rd through June 5, 2011. State Police along with other law enforcement agencies conducted 41 traffic safety checkpoints during the campaign.
The following is a summary of totals from this campaign:

DUI ARRESTS: 28
SEAT BELT CITATIONS: 120
CHILD RESTRAINT CITATIONS: 9
FELONY ARRESTS: 39
STOLEN VEHICLES RECOVERED: 2
FUGITIVES APPREHENDED: 170
SUSPENDED LICENSES: 28
NO INSURANCE: 194
SPEEDING: 167
RECKLESS DRIVING: 11
DRUG ARRESTS: 39
OTHER TRAFFIC VIOLATIONS: 703
This campaign is designed to target seatbelt usage and impaired drivers
throughout the Commonwealth. KSP would like to emphasize the importance
of highway safety during the upcoming summer months.

# posted by Homer Owens @ 11:44 PM

EKB Capsule News...West Virginia...6-8-'11

In an ongoing effort to make mines a safer place to work, MSHA is holding hearings across the country on proposed rule changes. Tuesday, one of those hearings took place in Charleston. MSHA is focusing on examinations of work areas in underground coal mines and patterns of violations. John Gallack, with Alpha Natural Resources, told the panel, when it comes to implementing new policies, MSHA needs to set more than just vague guidelines. He said coal companies want and need rules written in black and white. Gallack said another issue with the proposed changes is the need for an appeal process for coal companies who disagree when MSHA files a citation for a pattern of violation. He says, if MSHA is going to rewrite a rule, there needs to be someplace to go to mediate a dispute. Two more hearings are scheduled, one on Thursday in Birmingham, Alabama and the other on June 15th at MSHA headquarters in Arlington, Virginia.

Rodney Thomas, 60, of St. Albans was killed Monday night when the motorcycle he was riding on Route 34 near Buff Creek was struck head-on by a car driven by Suzanne Thomas, 50,of Hurricane. Thomas, who is no relation to the victim, is charged with DUI causing death with reckless disregard and driving left of center. Rodney Thomas died at the scene.

The West Virginia Division of Corrections says David Knight escaped from the Huntington Work Release Center sometime Monday evening. He's 36 years old, 5 foot 7 inches and weighs about 180 pounds. His head is shaved, and he has three tattoos on his arms. Knight was serving time for grand larceny and burglary in Kanawha County. Friday, Dajuan Jones walked away from the facilty where he was serving time for manufacturing and delivering narcotics. Jones is still missing.

Bonnie Bain, 60, of Belle, a former 30-year employee of BB&T, pleaded guilty Monday to embezzling at least $200,000 from May 2004 to October 2007 from the West Side Branch, where she worked as a teller. She admitted to trying to cover it up by making false entries in the company's books, recording fake cash amounts in her teller drawer and reducing the cash shown in her rawer by creating fake cash out tickets. She faces up to 30 years in prison and a $1 million fine when sentenced on September 8th.

Dennis Lester Barker, 56, of Gallipolis Ferry, in Mason County, was sentenced to six months in prison Monday for cultivation of marijuana. Barker pleaded guilty in February to charges of growing about 165 plants for personal use and financial gain. State Police spotted the marijuana while conducting an aerial marijuana-eradication operation in September 2009.

Mark Smith, 38, of Newport, Kentucky has been sentenced to three years and one month in prison for interstate stalking. Smith pleaded guilty in February after police say he traveled from Ohio to Huntington to harass and intimidate his former wife who was living at her mother's home, along with the child she had with Smith. In August 2006, Smith drove to the Huntington home and began banging on the door and demanding entry. After his ex-wife refused to open the door, Smith began breaking windows. Smith left the scene, but not before using his vehicle to ram the car belonging to his ex-wife's mother. Smith was also ordered to pay a $6, 642.49 fine.

Thomas Pomeroy from Kanawha County was arrested early Tuesday morning. Police say, during an interview, he admitted to sexually abusing an 11-year-old female family friend at a home in Cedar Grove.

Charleston City Council has approved a $150,000 federal block grant to help fund the Roark-Sullivan Lifeway Center, a new 10-bed veterans home on Capitol Street. On Monday, council approved the funding with only two nay votes. Democrat Robert Sheets, who represents the 10th District, and independent Culbert Smith, of the 9th District, argued that the center could be located elsewhere. Officials with Roark-Sullivan say residents at the home will be expected to have a job and eventually move out of the transitional home. There will be three full-time staff members, with at least one at the facility at all times.

The West Virginia Public Service Commission issued an order June 1st to stop West Virginia American Water’s plan for a 10 percent workforce reduction. Monday, West Virginia American Water issued a new order asking the PSC to allow its layoffs of 31 workers. The company’s order argues the PSC does not have the authority to oversee the day-to-day tasks and management of the utility.

# posted by Homer Owens @ 11:39 PM

Monday, June 06, 2011

EKB Capsule News...Kentucky...6-7-'11

Two Pike County men, 41 year old Jeffery Lowe and 44 year old Randy Thomas, pleaded not guilty Monday to charges of murder and robbery in the death of Millard Thornhill who was found dead inside his home in Hatfield on May 19th. Thomas and Lowe's bonds are each set at $2 million dollars full cash. They are scheduled for a preliminary hearing on Thursday, June 9th.

Mike Taylor, Elkhorn City's new mayor, was sworn in Friday. Taylor's victory in the November 2010 General Election was voided by a circuit judge after it was discovered that residents outside the city limits cast ballots. In April, the Kentucky Court of Appeals overturned the ruling, declaring the three ballots were not enough to affect the outcome. The ruling declared Taylor won fairly and could return to office immediately.

Former state Representative Steve Nunn has been placed in protective custody after being threatened by another inmate at the Fayette County Jail. Capt. Darrin Kelly says, during a minor standoff Monday with corrections officers which lasted about an hour, federal inmate Marshall Dewayne Williams barricaded the door to the common room so corrections officers couldn't enter, and used an object to jam open the door to Nunn's cell so it couldn't be remotely shut. Williams entered Nunn's cell several times and was holding a broom while he was threatening to hurt him. An emergency response team forced their way into the common room and subdued Williams, who was placed in disciplinary housing. Williams made news in April when, as an inmate at Big Sandy Penitentiary in Inez, he was charged with 21 counts of falsely telling federal judges and several Kentucky congressmen that whoever opened a letter would be exposed to anthrax or smallpox. Nunn was beaten up by an inmate on May 9th. Ronald "Li'l Ron" Hill punched Nunn in the head and face during an argument while the two were playing basketball. Nunn is awaiting trial on a charge of murdering his former fiancée, 29 year old Amanda Ross, who was found shot outside her home on September 9, 2009. Nunn is charged with murder and violating a domestic violence order of protection.

Nearly two months after suffering a critical brain injury while trying to break up a high school fight at Whitley County High School in Williamsburg, where he has taught math and science for 17 years, Kentucky teacher and state lawmaker Dewayne Bunch is able to communicate and his recovery has amazed doctors. His wife, Gina Bunch, said Monday that she asked a doctor at Shepherd Center in Atlanta, where Bunch has been treated since April 28th, if Dewayne would regain at least 80 percent of everything he had, and the doctor said that that's a realistic goal and maybe even more. Shepherd Center spokesman Larry Bowie said Bunch is able to speak a few words at a time and could be released from the Atlanta center as soon as late June. The center specializes in treatment and rehabilitation of people with spinal cord and brain injuries. After leaving Shepherd Center, Bunch is expected to continue his recovery at a rehabilitation center in Lexington.

Prominent Whitley Circuit Judge Paul Braden died Friday at Baptist Regional Medical Center in Corbin at the age of 71 years. Braden was away from the bench for a while in 2009 after he was diagnosed with stomach cancer, but returned only to leave again this year when his condition worsened. Braden, who served in the 34th Judicial District covering Whitley and McCreary Counties, held the position for 15 years. He was about halfway through his eight-year term when he died. Braden was southeast Kentucky's most senior circuit judge.

So far this year, 342 deficiencies have been found in nursing homes, some of those deficiencies in eastern Kentucky nursing homes. Parkview Nursing and Rehabilitation Center of Pikeville had 19 and Laurel Creek Health Care Center of Manchester had 12. The website for the Office of the Inspector General reports the average number of deficiencies is six per inspection.

Just after 1:00 A.M. Monday morning, police in Leslie County went to a home on Muncy Creek Road in the Stinnett community where they arrested 36 year old Scott Roberts, 34 year old Dwight Hill, 23 year old Ashleigh Baker, 29 year old Fredy Collett and 35 year old Anita Collett, all charged with manufacturing meth. Sgt. Ryan Katron with Kentucky State Police says additional arrests and charges are possible.

The city of Paintsville has a $154,000 budget deficit, and Paintsville City Council members say they're faced with making cuts or increasing revenue. Paintsville city officials say, in the last four years, costs have skyrocketed while revenue has not. Options on the table include cutting trash services and recreational services, laying off a few employees, increasing the city's occupational tax and selling the city's ambulance service. Council members must have the budget in place by July 1st. The next city council meeting is June 14th.

Police on Monday began rounding up 52 people indicted on drug charges in Harlan County. The charges stem from a yearlong Operation UNITE investigation that dealt primarily with the sale of the drugs OxyContin, Suboxone and Hydrocodone, and most of those targeted live in the area of Cumberland, Benham and Lynch. UNITE officials say most of the pills bought undercover during the case came from Florida. UNITE detectives, assisted by officers from seven other agencies, had arrested 30 of the 52 people charged by mid-afternoon.

Lawmakers in Frankfort are looking for ways to reduce the number of Kentucky teens jailed for non-criminal behavior such as unexcused absences or habitually running away. State Representative John Tilley, co-chairman of the Interim Joint Committee on Judiciary, says reducing the numbers is "a priority." Senator Tom Jensen, Tilley's co-chairman and a Republican from London, says legislators want to come up with a plan that will pass during the 2012 legislative session. Terry Brooks, executive director of Kentucky Youth Advocates, says, in 2010, 1,541 youths were locked up in Kentucky for status offenses, misconduct that is not criminal and would not be illegal if committed by adults. Although that is down from 1,765 young people in that category in 2009, Kentucky joins Washington and Texas in having the highest number of status offenders jailed in the country. Representative Kelly Flood, D-Lexington, filed such a bill that passed the House of Representatives in the 2011 state legislature, but it failed to get out of committee in the Senate.

Preliminary statistics indicate 14 people died in 12 separate crashes on Kentucky's roadways from Tuesday, May 31st through Sunday, June 5, 2011. Ten of the victims were traveling in motor vehicles. Three were not wearing seat belts. Two involved alcohol. Three were riding motorcycles. Two double-fatality crashes occurred: one in Boyle County and one in Floyd County. Two single fatality crashes occurred in Fayette County. Single-fatality crashes occurred in Butler, Clinton, Jefferson, Knox, Laurel, Ohio, Powell and Scott counties. Through June 5th, preliminary statistics indicate that 257 people have lost their lives on Kentucky roadways during 2011. This is 19 fewer than reported for this time period in 2010.

A report says the number of Kentucky surface mines that inspectors deemed compliant with federal regulations dropped sharply from 2008 to 2010. The report says the coal industry's rate of compliance with federal law in Kentucky dropped from 87 percent of surveyed mining sites in 2007 and 2008 to 65 percent in 2010. The U.S. Office of Surface Mining Reclamation and Enforcement found in the report that as the compliance levels dropped, the frequency of water pollution violations, landslides or flying rock have risen from 3 percent of mine sites in 2000 to 21 percent last year. Jim Dickinson, director of the Kentucky Division of Mining Reclamation and Enforcement, says the rise in compliance issues is due to inspectors doing "a much more rigorous job of enforcement."

A state law limiting where sex offenders can live has led to an increase of offenders clustering to certain areas of Louisville. For example, 29 of 74 registered offenders living in the city's 40258 ZIP code live in one apartment complex, according to the online Kentucky State Police Sex Offender Registry. It is one of the largest clusters in the city, which has 1,000 registered sex offenders. Trooper John Hawkins, a state police spokesman, says the law is "pushing sex offenders into certain locations." Sex offenders in Kentucky who committed their crimes after July 2006 cannot live within 1,000 feet of a school, publicly owned playground or day care center.

Kentucky will be making a second attempt this week to try to keep flooded areas of western Kentucky from becoming mosquito havens. Starting Monday, crews began identifying standing floodwater that needs to be treated, with help from local health departments and city and county governments. Last month, professional contractors conducted aerial spraying of more than 700,000 acres across western Kentucky. Governor Steve Beshear says tests after the spraying showed much lower number of mosquitoes. University of Kentucky entomologist Grayson Brown is helping with the mosquito abatement plan. He says in some parts of western Kentucky, a person could get 20 or more mosquito bites per minute before the spraying took place. He says the insecticide spray reduced that by about 85 percent, and larvicide treatments will reduce it further.

# posted by Homer Owens @ 11:21 PM

EKB Capsule News...West Virginia...6-7-'11

In a Securities and Exchange Commission filing Monday, Virginia-based Alpha Natural Resources says two subsidiaries acquired in its takeover of rival coal producer Massey Energy received citations for serious safety violations on the day before the $7.1 billion deal closed and a third on the day the deal was closed. Alpha says federal Mine Safety and Health Administration inspectors cited Independence Coal's Justice No. 1 mine in Boone County and Martin County Coal's White Cabin No. 9 mine in eastern Kentucky on May 31st. The deal closed on June 1st, and Alpha says MSHA cited Elk Run Coal's Roundbottom Powellton Deep Mine in Boone County that day. Alpha says all three violations involved potentially dangerous roof conditions, and all three have been corrected.

Federal mine investigators say 56 year old Bill Dooley, of Oak Hill, an experienced roof bolter, was killed at the Kingston No. 1 mine in Fayette County on October 11, 2010 when a large piece of the mine roof fell on top of him. MSHA investigators say the roof was unstable after a change in mining height. Part of the area had been mined the Friday before and there had been a roof fall over the weekend. When Dooley and a co-worker arrived at the area the following Monday morning, they were attempting to secure the roof when the accident occurred. The rock that killed Dooley was 30 inches high, by 66 inches long and was 4 to 7 inches thick. The Kingston mine, owned by Alpha Natural Resources, received two citations for the operator's failure to follow the approved roof control plan.

Charleston Police Lt. Steve Cooper testified during a bond hearing Friday that Shawn Lester, the man charged with the murder of Jeanie Patton, was planning another drug related murder only weeks before he was arrested. Detectives have an audio recording from March 5th of Lester soliciting help from an unnamed individual to obtain weapons such as a stun gun and handcuffs. The plan was to force a West Side man to lead them to his stash of what Lester believed to be thousands of prescription pills then kill him. Days after the recording, city police executed a search warrant on the man's home, found several hundred prescription pills and arrested him to thwart Lester's plan. Three weeks later Lester was arrested and charged with the murder of Patton.

Friday, West Virginia State Police arrested and charged James Whitt with the killing of Michael Richard whose body was found along Route 44 in Switzer in Logan County Thursday evening. Troopers believe they may have found the weapon in the Guyandotte River that was used to kill Richard.

Kanawha County Sheriff's Deputies say 78 year old Donald Ray Jones, Sr. of Sissonville died Friday night after a World War II-era Willys Jeep he was driving near his home on Geraint Lane experienced mechanical problems, drifted backward, hit an embankment, ejected Jones and rolled on top of him.

Vanessa Stanley of Huntington was sentenced Monday to 55 days in jail, with credit for time served, after pleading guilty in April to the lesser charge of domestic battery after originally being charged with child abuse and neglect in January of 2010. West Virginia State Police say she squeezed her 15-month-old boy's cheeks and left severe bruises. Stanley also lost custody of the child. Her boyfriend, Joey Watts, is also charged in the abuse. Police say he bit the child's nose hard enough to leave bite marks. He is set to appear in court later this week.

Christopher Lynn Pino of Ramsey, in Fayette County, was taken to Charleston Area Medical Center around 12:15 A.M. Sunday morning where he was listed in stable condition after being shot while allegedly trying to burglarize a residence on Back Forty Ranch in the Summersville area of Nicholas County. Deputies say Howard Harris held Pino at gunpoint waiting for police to arrive. They say Pino then charged at Harris who shot him in the head. Pino is charged with burglary and grand larceny.

Putnam County Sheriff’s Deputies say an argument between Gary Taylor and his estranged wife Joyce Taylor Sunday resulted in a stabbing that led to both Taylors and their 4-month-old granddaughter being taken to Charleston Area Medical Center. Deputies say an argument occurred after Joyce Taylor brought the infant to visit Gary Taylor in Red House. Putnam County Sheriff's Chief Deputy G.K. Barnett says the argument turned physical, and Gary Taylor broke a dinner plate, injuring both his estranged wife and the child. He said Joyce Taylor received cuts on her head, while the child was cut on the thigh. Joyce Taylor and the baby were released Monday.

Greg Carl Hinkle of Gap View Drive in Campbell's Creek was released on bond Monday after being arrested Friday. Hinkle is accused of breaking into the home of 38 year old Rebecca Kessel, pointing a pistol at her family and stealing items before making threats and leaving. Lt. Sean Crosier of the Kanawha County Sheriff's Department says, once Hinkle left the Kessel residence, he fired shots from his pistol. When deputies located and arrested Hinkle, he was carrying a .45-caliber pistol.

Kent Carper, the president of the Kanawha County Commission says the county will vigorously fight a lawsuit filed against sheriff's deputies and other county officials on behalf of Sandra Shaffer. The lawsuit claims Shaffer's Sissonville property was unreasonably, unnecessarily, negligently and recklessly damaged when law enforcement officials executed a sealed search warrant looking for evidence in the 2003 sniper shootings of Jeanie Patton, Gary Carrier Jr. and Okey Ray Meadows Jr. Officials say they were searching for a truck, rifle and possibly bodies that a source had said was buried on Shaffer’s property. The searched yielded none of those. Carper says he acknowledges Attorney Mike Clifford's right to file the lawsuit, but it was not necessary to accuse a Charleston police officer of punitive, willful and outrageous conduct and sue him individually. Clifford's suit directly names Charleston Police Detective James Hunt and county employee David Armstrong. Some question whether Clifford should be involved in the case at all since he was the county prosecuting attorney in 2003 when the sniper investigation began.

# posted by Homer Owens @ 10:31 PM

Sunday, June 05, 2011

EKB Capsule News...Kentucky...6-6-'11

On May 19th, Millard Thornhill's home on Route 292 in Pike County caught fire. When the fire was out, Thornhill's body was found inside the home. The medical examiner has not released how Thornhill died and the exact cause of the fire is still being investigated, but police say 41 year old Jeffery Lowe and 44 year old Randy Thomas are responsible for the murder and robbery, with robbery being the motive. Thornhill's family says there are vehicles and other items missing from the property. Lowe and Thomas are in the Pike County Detention Center with no bond.

Starting Wednesday, Kentucky police officers, under a new law, will issue citations rather than make arrests for dozens of misdemeanors, as long as they believe the suspect is no danger to himself or others and will appear in court to answer to the charge. The law also reduces some felony drug charges to misdemeanors that require citations rather than arrest, such as second-degree possession of a controlled substance. The Attorney General's Office confirmed that police can still make arrests for misdemeanors crimes such as alcohol intoxication, shoplifting, animal cruelty or torture and for other misdemeanors in cases where a suspect disregards an officer's instruction or is a danger to themselves or others. Court and law-enforcement officials say they hope the new law will ease jail crowding.

Justin L. Jones, 29, of Corbin was pronounced dead at the Baptist Regional Medical Center in Corbin early Saturday morning after police say his motorcycle crashed at a high speed at the Corbin-Barbourville exit on Interstate 75. Police say the motorcycle struck a guardrail, ejecting Jones, who was wearing a crash helmet.

Residents of Ballard, Daviess, Henderson, Lawrence, McLean and Pike counties may be eligible for unemployment assistance if they lost work or had their businesses damaged because of severe weather that started April 22nd. The Kentucky Office of Employment and Training says farmers and self-employed people may also qualify, even though they normally aren't eligible for unemployment insurance benefits. The deadline to apply is July 5th. Applications can be filed at local unemployment offices.

Alice and Heather Stambaugh, a Johnson County mother and grandmother, entered not guilty pleas Friday to charges of manslaughter following the death of Heather's infant son who died in November of 2010 from overdosing on medication. Last month, Alice Stambaugh said she did nothing wrong. They are expected to be back in court July 1st.

The estate of 54 year old Dean Ferguson, a Lexington man who collapsed and died of a pulmonary embolism while held at the Fayette County jail has sued the county and others for ignoring his medical needs. Estate administrators claim "egregious and unjustifiable treatment" by nurses Karen Hodge and Stephanie Travis led to Ferguson's death last year. Ferguson was serving time on the weekends after a driving under the influence conviction when the lawsuit claims he began to experience chest pains and shortness of breath before collapsing, and his medical needs were ignored until he collapsed again the next morning. The nurses have since been placed on limited/probated status for three years following an investigation by the Kentucky Board of Nursing.

The Kentucky Lottery Corp. board is forecasting record sales of $813 million for the 2011-12 fiscal year that starts July 1st. The record for ticket sales was $810.5 million in 2008-09. Lottery president and chief executive officer Arch Gleason says the lottery is also forecasting significant sales from a new online game that will be introduced. The new budget also forecasts a return of nearly $220 million to the state treasury, including nearly $211 million for scholarships, grants and higher education and programs and $9 million in unclaimed prizes for the Kentucky Educational Excellence Scholarships reserve fund. The comparable figures for the current year are $200.5 million for the state scholarships, grants and higher education program and $7.7 million to the education scholarship reserve fund from unclaimed prizes.

Six bears are being placed in strategic places around Harlan County, but the painted animals should be easy to spot. Artists and students are creating bear statutes, which will be painted before being placed around the community. The Cumberland Tourist and Convention Commission Director Tracey Bailey says the project is funded by a $10,000 grant from the Appalachian Regional Commission. Art students at Harlan County High School were entrusted with painting some of the bears will represent aspects of life in the community. One will be designed like a quilt, while others will be painted with a coal theme, shapes of the different communities in Harlan County, a patriotic bear, a traditional black bear, with teeth and eyes painted, along with one where students at Cumberland Elementary School will place their handprints.

# posted by Homer Owens @ 10:27 PM

EKB Capsule News...West Virginia...6-6-'11

William H. Tackett spent his first career in the U.S. military, including tours in Korea and one in Vietnam, earning two Bronze Stars and a Purple Heart. His second career as superintendent of the Williamson water and wastewater treatment plant afforded him an office overlooking the bridge than connects US 119 in Pike County to Second Street in Williamson. Wednesday, June 8th, Kentucky State Representative W. Keith Hall and Williamson Mayor Darrin McCormick will join Tackett's widow, Rose Venturino Tackett, and other family members to name that bridge in memory of the Mingo County native who died in November 2007 of complications from exposure to Agent Orange. The ceremony will be held at 12 noon in council chambers at Williamson City Hall, located in the old train station on Fourth Avenue. Afterwards, family members will adjourn to the bridge site to unveil the signs and take photographs.

More than 600 people are expected to begin a 50-mile march from Marmet to Blair Mountain Monday to protest mountaintop removal mining. The rally will begin at the baseball field in Marmet at 9:00 A.M. The five-day event comes close to the 90th anniversary of the historic Battle of Blair Mountain, where more than 10,000 union miners marched from Marmet to help organize non-union coal mines in Logan and Mingo counties. In 1921, the march from August 24th through September 4th, was the largest armed confrontation in United States labor history. The march is scheduled to end Saturday with a rally at the mountain on the Boone-Logan county line. By late Friday afternoon, 595 people had registered to participate. Massey Energy, which was just bought by Alpha Natural Resources, and Arch Coal have both expressed an interest in operating strip mines on Blair Mountain. In March 2009, the National Park Service added Blair Mountain Battlefield to its National Register of Historic Places. Nine months later, after pressure from coal companies on state agencies, Carol D. Shull, keeper of the National Register, removed Blair Mountain from the register.

Friday, former Massey Energy Chairman Bobby R. Inman released the conclusions of the company's findings into the Upper Big Branch Mine explosion, reaffirming its earlier theory that a surge of natural gas, not coal dust, fueled the explosion last April that killed 29 miners. The findings of the Massey report, contradicting those of an investigation by J. Davitt MacAteer, was critical of the Mine Safety and Health Administration for its conduct in its own investigation into the accident. Inman said, "It is unacceptable to expect MSHA to act as the investigator, judge and jury when their direct actions or lack thereof may have contributed to accidents.” Inman wrote in his cover letter dated June 2nd, “It is not in the public’s best interest to have a federal agency, in effect, investigating itself. I strongly encourage members of the U.S. House of Representatives Committee on Education and the Workforce and the U.S. Senate Committee on Health, Education, Labor and Pensions to consider legislation that establishes an independent review committee or agency to investigate mine accidents.” MSHA has yet to release the findings of its investigation, but J. Davitt MacAteer, who was appointed by then-Governor Joe Manchin to conduct an independent investigation, released a report last month, saying Massey operated the mine in a reckless manner and was responsible for the buildup of coal dust that exploded.

West Virginia State Police say Friday evening they were called to Thompson Branch Road in Lincoln County after an argument in which Rozella Moore allegedly pulled out a gun and shot her ex-boyfriend, Mark Thompson. Police say Thompson got in his car and drove off, but crashed on Big Harts Creek Road in Logan County. Troopers discovered Moore had shot Thompson in the abdomen with a 12 gauge shotgun. Thompson was taken to Logan General Hospital, while Moore was arrested on charges of wanton endangerment, malicious wounding, brandishing a firearm and domestic assault.

Kenneth Casey Murdock, 22, of Poca has been charged with first degree robbery after he allegedly attempted to rob the Hometown Food Mart in Putnam County Saturday evening. Police say Murdock entered the store, put change on the counter and asked for cash. When the clerk started to give him cash, Murdock jumped on the counter, displaying a knife. Deputies say the clerk then pulled open the register but also pulled out a bat, and the struggle ended with the clerk knocking the knife out of Murdock's hands. After receiving a tip that Murdock was going to leave town and head to Ohio but was going to stop at the Speedway in Cross Lanes before he left, police staked out the Speedway and waited for him to arrive. Putnam County Sheriff detective Shawn Johnson says Murdock confessed to the crime.

The WVU Board of Governors has voted 8-5 in favor to allow the athletic department to sell beer at home games beginning this fall. WVU Athletic Oliver Luck believes selling beer along with banning the pass-out policy at games will improve fan behavior at Milan Puskar Stadium. Luck says the beer will be sold in plastic containers, it will not be sold near the student section, only two beers will be sold per visit to the beer stand, and vendors will not be selling beer in the stands. WVU Police Chief Bobby Roberts and former Morgantown Police Chief Phil Scott support the change in policy. They say binge drinking and the pass-out issue at Mountaineer Field is the real problem. They believe allowing beer to be sold will help control the atmosphere. Luck says, although it will probably bring in at least a half-million dollars a year, the control issue and improving the atmosphere for fans are the bigger issues. The Board of Governors has instructed the athletic dept. to study the situation this fall and make a full report to the board at this time next year.

West Virginia Attorney General Darrell McGraw has ordered Myers Funeral Home in Elkview and its owner Frederick Arthur Myers Jr. to stop providing pre-need services because of its refusal to properly administer pre-need funds or submit required documentation, which violates the state’s Pre-need Act. Myers must relinquish all of its pre-need funeral contracts. The Pre-need Division of the Consumer Protection Division conducted an audit which disclosed the funeral home’s pre-need funds had not been deposited into a trust account or life insurance policy within 30 days of the receipt. Myers Funeral Home had lawsuits filed against it in 2004 and 2010 and Kanawha County Circuit Judge James C. Stucky ordered the business to comply with the Pre-need Act.

Officials say states can expect to lose $11.4 billion in 2012 from Internet sales that go untaxed. West Virginia, which will miss $50.6 million in such potential revenues, is among 44 states that have crafted an agreement aiming to allow them to collect taxes on Internet sales, but they need the approval of Congress. Such groups as the National Governors Association argue that the situation amounts to an unfair subsidy of the Internet that penalizes traditional storefront retailers, but supporters say the revenues would allow West Virginia to abolish the food tax or provide similar relief to consumers and businesses.

# posted by Homer Owens @ 10:26 PM

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