Jerry W. Jilton

KOSCIUSKO — A Syracuse man was sentenced to five years in the Indiana Department of Corrections in Kosciusko Circuit Court Wednesday, Dec. 26, for dealing methamphetamine while children were present at a residence.

Jerry Wayne Jilton, 29, 509 Prairie Drive, Syracuse, was charged with dealing in methamphetamine, a level 4 felony.

A previous investigation led to an arrest warrant for Jilton after he dealt methamphetamine while children were present in a Kosciusko County residence.

Defense attorney Christopher Kehler said that Jilton is willing to participate in the Recovery While Incarcerated program and has been accepted to community corrections.

“I have a great support system and I want to keep my head where it’s at,” said Jilton.

Judge Michael Reed sentenced Jilton to five years in the Indiana Department of Corrections, with two years of the sentence to be served on formal probation. Reed said Jilton must complete the Recovery While Incarcerated program in order for him to consider modifying the sentence. Jilton is also required to pay $400 in restitution to the Warsaw Police Department.

“This is a very serious offense,” said Reed. “Dealing is a very, very serious offense.”

Monica Lynn Mullins

KOSCIUSKO — A Pierceton woman was sentenced in Kosciusko Circuit Court today, Jan. 28, in four different cases involving auto theft and methamphetamine.

In the first case, Monica Lynn Mullins, 23, 708 W. Catholic St., Pierceton, was charged with possession of methamphetamine, a level 6 felony. In a second case, Mullins was charged with auto theft, a level 6 felony. Mullins was also sentenced in two other cases for possession of methamphetamine and possession of paraphernalia charges.

On Oct. 23, 2017, an officer with the Warsaw Police Department responded to a report of a stolen vehicle. A female subject said she loaned her vehicle to a male subject on Oct. 6. Without the female’s consent, the male loaned her vehicle to Mullins. The arrangement was for Mullins to borrow the vehicle for one day, but Mullins kept the vehicle for one month and made no attempt to return it. The officer made several unsuccessful attempts to contact Mullins.

On Nov. 11, 2017, Kosciusko County dispatch advised officers of the stolen vehicle. An officer with the North Webster Police Department observed the stolen vehicle and conducted a traffic stop. The officer identified the driver of the vehicle as Mullins.

According to the affidavit of probable cause, the officer found there was an active warrant for Mullins regarding an auto theft. The warrant was for the vehicle she was operating. After searching the vehicle, officers found a plastic bag containing methamphetamine that weighed approximately 3 grams.

On Feb. 15, 2018, an officer with the Warsaw Police Department observed a vehicle with a false and fictitious registration plate. The officer conducted a traffic stop and identified the driver as Mullins. Upon discovering Mullins had two separate possession of methamphetamine arrests, the officer asked if Mullins had anything on her person. Mullins then handed the officer a small metal container from her purse and said there was less than half a gram of methamphetamine in the container.

The officer then searched the vehicle and found a plastic bag containing methamphetamine, a glass smoking pipe with residue, a digital scale with residue and a glass jar containing a white residue.

On Feb. 22, 2018, an officer with the Warsaw Police Department observed a vehicle with a false and fictitious license plate. After conducting a traffic stop, officers were given consent by Mullins to search her vehicle. Officers discovered two bags containing methamphetamine, a white cut straw with residue, two small plastic bags with residue and one set of digital scales with white powder residue.

While jail personnel were processing Mullins, they discovered a small plastic bag containing methamphetamine hidden on her person.

“Ms. Mullins really wants to make a positive change in her life and is willing to do so,” said Defense Attorney Scott Lennox. “She wants to become a contributing member to society.”

“I take full responsibility for my actions,” said Mullins. “And I want to better my future.”

In the auto theft case, Judge Michael Reed sentenced Mullins to one year in the Kosciusko County Jail. The jail sentence was suspended on formal probation.

In the November 2017 case, Mullins was sentenced to one year at the Indiana Department of Corrections. In the Feb. 15, 2018, case, Mullins was sentenced to one year in the Department of Corrections. In the Feb. 22, 2018, case, she was sentenced to one year in the Department of Corrections and 60 days in the Kosciusko County Jail. All of the Department of Corrections time given in all three cases was suspended as long as Mullins is accepted into work release.

“Show me that you can actually stay sober,” said Reed. “Now is the time to step up and act.”

Madison Stafford

KOSCIUSKO — A Walkerton woman was sentenced to three years at the Kosciusko County Jail for allegedly driving the getaway car for a male who burglarized a home in Kosciusko County. 

Madison Marie Stafford, 21, 880 Walkerton Trail, Walkerton, pleaded guilty to burglary, a level 5 felony, Monday, April 1, in Kosciusko Circuit Court.  

According to court documents, on March 27, 2018, officers with the Kosciusko County Sheriff’s Office were called to a county residence where a basement window had been forced open. The police report stated that unknown subjects stole a safe containing jewelry and $8,000 in cash as well as a laptop computer. 

After reportedly receiving information about a male who was involved in the heist, police contacted the male, who told them that Stafford drove him to the residence and then drove the vehicle into the garage of the residence in order to load the stolen items into the vehicle. 

Stafford corroborated the story when police talked to her. She also drove the male to another man’s residence where the safe was opened and the contents distributed. Police said Stafford and the two males then drove to a bridge where the safe was dumped into the water.

Judge Michael Reed sentenced Stafford to three years at the Kosciusko County Jail, with the last year of the sentence to be suspended and served on formal probation. Reed said he had no objection to the executed portion of the sentence being served through work release, provided Stafford is accepted into that program and remains qualified.

Pursuant to the plea agreement, another charge was dismissed. Stafford was given one day of jail time credit and ordered to pay a total of $12,963.47 in restitution.

WARSAW — A Warsaw man received multiple sentences on drug charges with only a year to serve.

Caleb Michael Devine

Caleb Michael Devine, 27, 326 Eisenhower Parkway, Warsaw, pleaded guilty on May 20 to possession of methamphetamine, a level 6 felony, possession of both marijuana and paraphernalia, class A and C misdemeanors respectively. He appeared in Kosciusko County Circuit Court for sentencing by Judge Michael Reed on Monday, June 27.

Devine’s attorney, Jay Rigdon, mentioned to Reed during the hearing that the case involved at least one crime that Devine “didn’t do.”

On Feb. 7, police responded to a call of a man yelling at a school bus and waving a firearm. When officers arrived, they found Devine, who told officers he had been having a loud argument on the phone and that he did not own a firearm. Police did not find a gun at the scene, but Devine was in possession of a pipe, according to police, which tested positive for methamphetamine, as well as a bag containing a substance that tested positive as marijuana.

Rigdon told Reed that Devine would be better served if allowed to work. “The employment history for Mr. Devine does show he’s able to hold a difficult job for a lengthy amount of time,” said Rigdon. “He was in the wrong place at the wrong time.”

Devine told Reed that substance abuse has played a role in his troubles. “I’ve got trouble with getting high,” he said. “It’s time for me to figure something out.”

Reed sentenced Devine to one year in the Kosciusko County Jail for both the methamphetamine and marijuana charges, as well as 60 days in county lockup for the paraphernalia charge. The sentences were ordered by Reed to be served concurrently, which means at the same time. Reed told Devine he would approve him for work release or Community Corrections if he’s accepted. Devine was given a total of 52 days credit for time served.

WARSAW — A Winona Lake woman received a suspended sentence for an incident where a bag of heroin reportedly fell from her purse while she was in line at the bank.

Danyelle Rebecca Palmer

Danyelle Rebecca Palmer, 26, 1216 Biblers Ave., Winona Lake, pleaded guilty on May 6, to possession of a narcotic drug, a level 6 felony. She appeared in Kosciusko County Circuit Court on Monday, June 17, for sentencing from Judge Michael Reed.

Palmer’s attorney, David Kolbe, told Reed his client is part of an ever-growing and sad statistic.

“My client is one in a long line of people who have become addicted,” Kolbe said. “She has an addiction problem.”

According to a report from the Warsaw Police Department, a Lake City Bank employee called police on March 12, when a bag containing what was suspected to be illegal drugs was found on the floor of the local branch. Bank personnel told police that Palmer had been the only customer during the time the bag, later confirmed as heroin, was discovered. Surveillance video also showed Palmer in line and showed the bag falling out of her purse.

Palmer told Reed during sentencing that she realizes addiction has been guiding her decision making.

“Knowing that you have a problem is only part of the solution,” said Reed. “There is some internal fortitude that has to take place.”

Reed sentenced Palmer to one year in the Kosciusko County Jail and suspended the sentence in lieu of probation. She received two days of credit for time served.

Ashtyn Nicole Demelo

WARSAW — An Ohio woman was sentenced in Kosciusko Circuit Court Thursday, Sept. 12, to six years at the Indiana Department of Corrections after dealing methamphetamine in Silver Lake.

Ashtyn Nicole Demelo, 26, 3598 Grosvenor Road, Cleveland Heights, Ohio, was charged with dealing in methamphetamine, a level 3 felony. Charges of possession of methamphetamine, possession of marijuana and possession of paraphernalia were dismissed as part of a plea agreement.

On May 11, 2018, an officer with the Silver Lake Police Department received information about multiple people manufacturing methamphetamine at a residence. According to court documents, the officer went to the residence and smelled marijuana. Upon entering the residence, the officer found four people, including Demelo, hiding from the officer.

Demelo told the officer she came to the residence with a man in order to deliver methamphetamine. She also told officers the vehicle they arrived in contained methamphetamine. While searching the vehicle, officers found 5.2 grams of marijuana. They also found scales and a smoking device in Demelo’s purse. While searching the residence, officers found a plastic bag containing 0.2 pounds of methamphetamine.

At the scene, Demelo admitted to officers that she went to Silver Lake to meet with a man in order to make a drug deal. She brought one and one half ounces of methamphetamine to Silver Lake to sell. Demelo also admitted to dealing 2 to 3 pounds of methamphetamine per week for the past six months and that she deals methamphetamine in South Bend, Plymouth, Warsaw, Wabash and Michigan.

“Ms. Demelo is remorseful,” said Deputy Prosecuting Attorney Matthew Buehler. “She turned herself in when there was a warrant out for her arrest. But she was also selling large amounts of methamphetamine. This isn’t a Level 5 or 6 felony. I hope an order will be crafted that will address the seriousness of this crime, but will also help Ms. Demelo.”

Defense Attorney Adam Turner said Demelo has a large support network and discussed letters of support she has from family members.

“There are two aspects of this case that I find unique,” said Turner. “One is obviously the large amount of drugs that were dealt. The other is Ashtyn herself. This is her first criminal offense and she has no prior criminal history. She has a desire to get this behind her.”

Demelo then read a letter of apology to the court.

“I apologize to the Silver Lake community for my actions,” said Demelo. “I knew turning myself in was the right thing to do. I am asking to receive help because I’m not that type of person anymore. I want to participate in RWI [Recovery While Incarcerated] and get help.”

“You have a lot of potential and I get all of that,” said Judge Michael Reed. “But those were large amounts of methamphetamine being brought into the community. And that’s a serious offense.”

Demelo was sentenced to nine years at the Indiana Department of Corrections. Three years of the sentence was suspended on formal probation. She has 388 days of jail time credit, with good time credit as calculated. Reed also recommended Demelo be immediately placed in the RWI program.

“I hope you focus on making amends with your family and I wish you luck,” said Reed.

Pictured, from left, Commissioner Bob Conley, Commissioner President Cary Groninger, Commissioner Vice-President Brad Jackson and Area Plan Director Dan Richard. InkFreeNews photo by Lasca Randels.

WARSAW — After hearing information from both sides of the Blue Barn Berry Farm matter at the Kosciusko County Commissioners meeting held Tuesday Sept. 17, commissioners eventually made a unanimous decision to table the issue and consider it again next month. 

A petition was filed by Blue Barn Berry Farm, located at 9139 North CR 300E, Syracuse, requesting approval to rezone 8.16 acres from a Residential District to an Agricultural District. In 2014, a fruit and vegetable stand was allowed on the property as an exception in a residential district. Over the years, buildings have been added and the property is now being used to hold weddings and other events.

The Area Plan Commission unanimously approved the request at their meeting earlier this month to rezone the land. Chris Scheeren, of Blue Barn Berry Farm, told APC members at that meeting that 60 percent of the property is currently used for agricultural purposes and 100 percent of the property focuses on agricultural and agri-tourism.

If approved by county commissioners, the expectation would be that the Blue Barn Berry Farm petition would then be presented to the Kosciusko County Board of Zoning Appeals with a request for an exception for recreational commercial activity.

Attorney Jack Birch is representing Blue Barn Berry Farm and attended the meeting on their behalf. Attorney Scott Federoff of Snyder, Morgan, Federoff & Kuchmay LLP, Syracuse, attended the meeting to represent three sets of property owners opposed to the rezoning.

Federoff said the property currently qualifies as a commercial operation and does not fit in with the area.

“This is a banquet hall,” said Federoff. “It’s a commercial, for-profit operation.”

Everyone enjoys weddings, Federoff acknowledged; however, weddings and receptions generally involve alcohol and music. Homeowners who reside across the lake may find the noise from these events disruptive, said Federoff. 

He warned the commissioners they should be wary of the precedent they may be setting if they approve the rezoning request and said their decision will have a bearing on how long the process goes on.

Birch countered that the majority of the people who live nearby think the Blue Barn Berry Farm operation is “wonderful.” 

“We have people who live right next to the remonstrators who have no problem at all,” said Birch, adding that the complaints are coming from a few disgruntled individuals. 

He provided officials with seven signed letters of support from nearby homeowners. 

One letter read, in part, “No one lives physically closer to Blue Barn than we do, aside from Don and Peggy Bucher. Blue Barn has never once had an event go past 10 p.m. and only host events on weekends.”

A letter from another resident described Blue Barn Berry Farm as “a great asset for the community.”

Commissioners agreed to table the issue until next month to give those involved an opportunity to work together to reach an agreement. 

Commissioner Vice-President Brad Jackson strongly encouraged everyone involved to get together and work out an agreement amongst themselves.

In another matter, commissioners approved Kosciusko County Circuit Court Judge Michael Reed’s request to appoint Alan Alderfer as a member of the public defender board. 

Reed also requested permission to apply for a $60,000 grant through the Justice Partners Addictions Response. 

“We’re asking to use it for additional JCAP sessions at the jail,” Reed told commissioners. Reed said two new sessions are tentatively being planned for next year. Commissioners approved this request.

County Highway Supervisor Scott Tilden requested approval of an ordinance to establish a stop sign and yield sign at an intersection in Syracuse. Commissioners approved the request. The stop sign will be installed at the southwest corner of Elwood Street and Grandview Drive and a yield sign will be installed at the southeast corner of Grandview Drive and Trusdell Avenue.

In other news:

• Commissioners approved a contract invoice submitted by Kosciusko Area Bus Service General Manager Amanda Landis.
• John and Dora Miller were approved to rezone 8 acres from an Agricultural District to an Agricultural II District. The property is on the north side of CR 1350N, west of CR 950W in Nappanee.
• Commissioners approved a right-of-way vacation located off of Yellow Lake in Claypool.
• Commissioners approved plans to replace a chiller compressor in the justice building.
• The next regular meeting will be held at 9 a.m. on Tuesday, Oct. 1.

From left, County Auditor Michelle Puckett and Commissioner Bob Conley. InkFreeNews photo by Lasca Randels.

Eric McFarland

WARSAW — A man convicted of multiple drug charges received a 25-year sentence in Kosciusko County Circuit Court Tuesday, Sept. 24.

The sentence was the result of a plea agreement involving charges in four separate cases.

Per the plea agreement, Eric Scott McFarland, 38, with an address on file of 41 EMS W16 Lane, North Webster, pleaded guilty to dealing in a narcotic drug, a level 4 felony; dealing in methamphetamine (attempt), a level 3 felony; possession of a firearm by a serious violent felon, a level 4 felony; and dealing in methamphetamine, a level 3 felony. 

In May 2018, McFarland was found to be in possession of heroin, methamphetamine, marijuana and a handgun. At that time, McFarland was on probation after being convicted of dealing heroin.

In June 2018, McFarland was arrested for attempting to deal methamphetamine after receiving a package addressed to Bruce Banner of Hulk Industry. This was discovered after law enforcement officers became aware that a package containing drugs was to be delivered to a Silver Lake residence by UPS.

In May 2019, as a result of numerous drug complaints, Kosciusko County’s unified narcotics unit, NET 43, initiated a covert criminal investigation at a residence in Milford. After a lengthy operation, consisting of surveillance and undercover components, a search warrant was obtained for the residence. Kosciusko County SWAT executed a search warrant. Two children and two adults were located inside of the home, with McFarland being one of the adults.

McFarland’s attorney, Anthony Garza, told Judge Michael Reed that McFarland has a long history of substance abuse and requested that Reed fashion a sentence that would allow McFarland to get the help he needs.

McFarland told Reed he would like to start in some type of substance abuse program as soon as possible.

“The JCAP ladies are interested in bringing me into their program,” McFarland said.

“You’ve tied the court’s hands,” Reed responded. “I gave you a chance in 2017, got you into Community Corrections.”

Reed pointed out that the crimes McFarland was being sentenced for Tuesday were all committed after 2017.

“I hear what you say, but I see what you do,” Reed said. “Your actions speak so much louder than your words.”

Reed sentenced McFarland to a total of 25 years at the Indiana Department of Corrections. McFarland was sentenced to four years for dealing in a narcotic drug; five years for possession of a firearm by a serious violent felon; nine years for dealing in methamphetamine (attempt); and seven years for dealing in methamphetamine, a level 3 felony. All sentences were ordered to be served consecutively.

Reed recommended that McFarland participate in Recovery While Incarcerated and said he would consider a sentence modification in the future if McFarland is successful in the program.

McFarland was given a combined total of 415 days of jail time credit in the four cases. He was ordered to pay court costs and fines as well as $500 in restitution to the Kosciusko County Sheriff’s Office.

Pursuant to the plea agreement, other charges were dismissed. McFarland was also ordered to complete the period of probation he previously violated, following his release from IDOC.

“I want you to seek help,” Reed said. “I want you to change. It’s never too late.”

Derrick L. Wandrick

WARSAW — An Illinois man was sentenced to 55 years in prison on Monday, Dec. 23, after killing his cousin in 2017.

Derrick Lavelle Wandrick, 26, Harvey, Ill., was charged with felony murder. Wandrick had been facing a four-day jury trial in January 2020, but that was canceled after a guilty plea was entered in November.

On Oct. 23, 2017, officers with the Kosciusko County Sheriff’s Office found David L. Strowder Jr., 21, Elkhart, lying facedown near CR 300N. Strowder was bleeding from multiple stab wounds and unconscious.

Strowder was taken to Kosciusko Community Hospital, where he was pronounced dead. Autopsy results showed Strowder had 63 stab wounds, and the death was ruled a homicide.

While investigating the crime scene, officers found a shoe print that did not match Strowder’s. With the assistance of Elkhart City detectives, officers received tips regarding Wandrick.

During an interview, Wandrick said he was in Warsaw on Oct. 23 in Strowder’s vehicle. Wandrick told officers he had driven Strowder’s vehicle back to Elkhart. While interviewing Wandrick, officers compared his shoes to the shoe print found at the scene of the crime. Wandrick’s shoes and the shoe print were of similar design. Officers also discovered Wandrick was in possession of Strowder’s cellphone.

After Strowder’s vehicle was found in Elkhart, officers noticed a cut on the passenger side seat, as well as blood on the center console.

It was later discovered that Wandrick was at a Warsaw residence between 7:45 and 8 p.m. on Oct. 23, 2017, driving Strowder’s vehicle. Witnesses saw Wandrick attempting to clean blood from inside the vehicle with bleach water. Officers also discovered a location where soil had been disturbed with a shoe print. Under the shoe print, officers found a knife believed to be the murder weapon.

Defense Attorney Jay Rigdon called Wandrick’s mother, Shirley Davis, to the stand for testimony and asked her to describe what Wandrick was like as a child.

“He was a very well-behaved kid and he played football,” said Davis. “He had no disciplinary issues with his football coach. He was very quiet, but always had a heart of gold.”

Davis said things changed when Wandrick got a job and that he told her “people were out to get him.” When he told her he wanted to go to Elkhart, Davis attempted to convince him not to go due to violence she was aware of in the area.

“This is not my son,” said Davis. “I think he got a hold of some drugs or something. They’re cousins, but they were brought up like brothers.”

After Davis delivered her testimony, Kosciusko County Prosecutor Dan Hampton elaborated on the number of stab wounds Strowder received, including eight stab wounds to his chest and 10 to the right side of his neck.

“He was only 21 years old,” said Hampton. “Derrick had a girlfriend here in Kosciusko County and so they were down here to visit. That’s how the violence came down to Kosciusko County. That night was a level of violence that was horrific. The gravity of the act itself outweighs all of the mitigating circumstances. David Strowder’s family asks that you put this nightmare to rest. When incidents like this come into our area, we have to hold people accountable. And in David’s memory, we will do that.”

Rigdon said there are several mitigating circumstances involved with this case, including that Wandrick has no criminal record and has a child he has responsibility for.

“Why he did it remains a mystery,” said Rigdon. “He has no memory of it. The mystery will always continue. Mr. Wandrick would like to continue to work to get these issues resolved.”

When asked by Kosciusko County Circuit Court Judge Michael Reed if he would like to offer a statement, Wandrick declined to do so.

One of Strowder’s family members immediately asked aloud in court, “Say something? Why?”

Wandrick did not provide an answer to the question.

“The first offense sometimes speaks for itself,” said Reed. “The only person who would know what happened apparently can’t remember. I could speculate on drugs being involved or mental illness, but I can’t. There’s no evidence to show that. But I never heard any remorse from you.”

Reed sentenced Wandrick to 55 years in prison, with 789 days of jail time credit.

The family of Strowder also requested $2,567 in restitution for funeral expenses.

Benjamin Albright

WARSAW — A Warsaw man who is taking steps to address addiction issues may not have to serve time behind bars.  

Benjamin Jacob Albright, 41, 804 N. Old Orchard Drive, Warsaw, pleaded guilty to manufacturing methamphetamine, a level 4 felony, on Monday, Feb. 17.

Albright was arrested in August 2018 after a Warsaw police officer responded to a possible fire at the old Arnolt building. Upon further investigation, the officer found three burning candles and a man sleeping. The officer woke the man up and he was identified as Albright. While speaking with Albright, the officer saw items he recognized as precursors for manufacturing methamphetamine.

The officer searched the area and found lye, sulfuric acid, ammonium nitrate, empty packages of Sudafed and a plastic bottle with a tube coming from the lid. The officer identified the objects as a one-pot methamphetamine lab.

Albright admitted he purchased the items and drove to the building on his moped. He also admitted to manufacturing methamphetamine.

In court today, Albright’s attorney, Doug Lemon, told Judge Michael Reed that he is encouraged that Albright completed a rehabilitation program in Florida through Faith Farm Ministries. 

Lemon told Reed that Albright is currently working full-time hours at a job through a temp service. He requested that Albright be given a two-week delay before his sentence begins in order to attempt to secure permanent employment with the company. 

Lemon said Albright has applied at Kosciusko County Work Release but has not yet received an answer. 

When asked if he would like to speak during the sentencing, Albright said, “I want to apologize to my parents and the community of Warsaw for my behavior.”

“They say you have to find your low point before you can get better,” Albright said, describing his arrest in August as his own low point.

He credited Fellowship Missions Director Eric Lane for helping him realize that he needed to change “people, places and things” in his life.

Albright told Reed that he attends three group meetings each week, including  Celebrate Recovery meetings on Tuesday evenings at New Life Christian Church. Albright said he rededicated his life to Christ on Feb. 1, 2019. 

“I am pretty impressed with the steps you’ve taken over the last year or so,” Reed said. He reminded Albright that recovery is an ongoing process. 

Reed granted the two-week delay request. He sentenced Albright to two years at the Kosciusko County Jail, but directed the first six months of the sentence be served through work release and the next six months to be served through the Kosciusko County Community Corrections program, providing Albright qualifies and remains qualified for those programs. One year of the sentence was suspended and ordered to be served through probation.

Albright was given one day of jail time credit and ordered to pay court costs. Other charges were dismissed, pursuant to the plea agreement. 

Outlined in yellow are the boundaries of the proposed Turkey Creek Dam and Dike Conservancy District included in the affidavit from Michelle Puckett, county auditor.

WARSAW — An order stating a petition to create the Turkey Creek Dam and Dike Conservancy District has met all legal requirements and was signed by Kosciusko Circuit Court Judge Michael Reed Thursday afternoon, March 5. The matter will now be sent to the Natural Resources Commission according to state statute. A public hearing is expected to be announced by the NRC. No date has been set, but it is expected the hearing will be held within the next several months.

The Turkey Creek Dam and Dike Conservancy is working on being established before new legislation can put in certain restrictions.

Approximately 32 people attended the hearing, some unsure why they were there or what was actually going on. Reed did provide an opportunity for any person to speak in opposition. While no one spoke in objection to the matter at hand, several residents did raise questions before the judge and Christopher Ripley, Blachly Tabor, Bozik and Hartman, counsel for the freeholders.

Reed explained the hearing was an initial hearing to determine whether the proper legal forms and necessary signatures were obtained to proceed further. It was also explained the matter would then go to the Natural Resources Commission to make a study and file a report with the court. He suggested the public hearing would be the time to have any questions answered.

Two individuals did raise questions to the judge after he asked if anyone was present to talk. Neither person was asked to identify themselves. The questions concerned who was paying into the taxes to maintain this and if all the responsibility of the water control device would leave the town. Another unidentified person questioned why they received the notice of the hearing when they didn’t sign anything or know about the petition. It was even voiced some of those who signed the petition were ineligible.

“It all remains to be seen,” stated Reed regarding the taxes and responsibility. Ripley noted notices were sent out beyond the boundaries of the proposed conservancy district to ensure everyone was notified. The minimum amount of signatures needed for the petition was also noted.

During the actual hearing, Riply presented three affidavits which had been electronically sent to the court prior to the hearing. One affidavit was certification from Michelle Puckett, auditor, verifying the number of signatures.

That affidavit showed 2,718 freeholders owned property within the boundaries of the conservancy and of the 642 signatures 495 signatures were certified as eligible freeholders. It was noted this was 18.2%. The state statute requires a minimum of 15%.

The other affidavits were proof of publication of the hearing and of the mailing list of who was sent notices.

When Reed opened up the hearing to hear any objections several questions were raised as to who was in the conservancy, who could sign the petition, how will they be notified of the public hearing, if a list of names of those who signed the petition and who received letters was available. Reed informed those present the information, all open to the public, was available through the court’s online program or through the clerk’s office.

Reed approved the prepared order, referring the matter to the NRC for further action. Ripley noted while he believed the NRC had 90 days to hold a hearing, he expected it to be sooner than that.

Following Reed adjourning the hearing and leaving the courtroom, a number of residents gathered around Ripley to ask questions. That group soon broke up into two groups with Ripley answering questions to one group and William Pipp, one of the initial organizers of the conservancy, responding to questions from another group.