Tuesday, January 14, 2003


Toddler kidnapped at gunpoint

Child returned unharmed; suspect surrenders

By TAMARA JOHNSON

Managing Editor

A toddler was kidnapped at gunpoint during a disturbance at his home Monday evening.

The 15-month-old child was returned unharmed a short time later.

The Forrest City Police Department reported Michael Jones, 32, of Forrest City, went to the home of Rashandra Ray, 22, at 130 Cisco, several times Monday looking for Dorothy Black, his girlfriend and also Ray's aunt. According to police, Jones was told each time that Black was not at the house. About 5:30 p.m., according to police, Jones broke the glass out of a door and forced his way into the residence where he pointed a 9mm pistol at Ray, her two children and her mother, Doreatha Black. The suspect reportedly demanded that they tell him where his girlfriend was as he began searching the residence for her. Jones allegedly held the gun at Doreatha Black's head and told her he would "blow her brains out" if he did not find his girlfriend.

Officers reported that when Ray attempted to call police, Jones allegedly took the phone from her and pointed his gun at the toddler and threatened to kill him before picking the child up and leaving the residence with him.

Police reported that Jones, who is not related to the child, returned the toddler unharmed to his home about 30 minutes later while police were there taking a report. Jones reportedly surrendered to police without incident and gave them the weapon he allegedly used in the assault.

Jones, who is on parole for burglary and theft, is now charged with kidnapping, residential burglary, two counts of aggravated assault, two counts of first-degree terroristic threatening and possession of firearms by certain persons. He is scheduled to be arraigned in St. Francis County District Court Wednesday.


Madison council votes to reduce pay, sick leave

State authorities say cuts cannot be enforced for elected officials

By KENDALL OWENS

T-H Staff Writer

A move by Madison Mayor James Brooks Monday night to cut the salaries for elected officials in that city fell through this morning after state officials said the reduction cannot be carried through without the consent of all elected officials.

During a meeting of the Madison City Council Monday night, Brooks proposed that the salaries for city employees and elected officials be cut for budget reasons.

Three councilmen and Brooks, who cast the deciding vote, voted by a four-to-three margin in favor of the proposed cuts. Council members Crystal Taylor, Annie Winfrey and Sandra Smith voted against the measure.

According to Brooks, the pay cuts to elected officials had to be approved by every member of the council before the measure could pass.

This morning, officials with both the Arkansas Municipal League and the Arkansas Attorney General's Office said that the salaries of elected officials could not be cut without the consent of the elected official affected. According to Mark Hayes with the Municipal League, the three dissenting votes should have canceled the measure last night.

"The law allows elected officials to cut their salaries, if it is agreed upon that the elected official will take the pay cut. If any official doesn't agree, then the cuts cannot happen. The three dissenting votes would seem to say that those officials did not agree to the pay cut," Hayes said.

Robert Fisher with the Attorney General's Office echoed Hayes' statement. "They can legally cut the salaries of the city employees if they wish, but their salaries as elected officials cannot be decreased without their approval."

According to Brooks, the salary cuts were necessary to balance the city's budget for 2003.

"No one ever wants to cut someone's salary, especially since we just gave a raise last year. But with funding being cut at the state and federal levels, we're not left with much choice," Brooks said last night.

This morning, Brooks said that city officials would attempt to hold a meeting next week, to again tackle the budget.

In other business, Brooks voted to approve a major cut in sick days available to city employees when he broke a three to three time amongst council members. New council members Taylor and Smith were joined by another newcomer, Janice Whitaker in voting against the measure that would reduce the number of paid sick days for city employees from close to 20 days per year without a doctor's excuse to three days of paid leave with an excuse.

According to the city's old policy, which was presented by street department employee Eugene Nalls, employees were granted 1 and two-thirds sick days per month, which total to just over 19 days per year. A portion of the old policy handbook called for employee sick days to also be carried over to the next year if not used. Nalls petitioned the council, requesting employees be allowed to keep the accumulated sick days and any vacation days obtained under the old policy.

"I've worked at a number of jobs and managed at a number of jobs, and at all of those jobs, employees are held accountable to the policy handbook they're given when hired until a new one is written. Under the policy you just approved, any sick days that I have accumulated will be lost as well as two-and-a-half vacation days that were due. I'm not just talking for myself when I say this, I'm talking for all of the employees of this city. I don't see where it's fair that we now have to give up our days accumulated because there is a new policy. Any days that were built up prior to this new policy should be carried over," Nalls said.

City court clerk Earnestine Broadway also objected to the change in policy regarding the necessity for doctor's excuses for paid leave.

"There are many of us that if we are too sick to come to work, can't afford to go to the doctor. Last week, I had the flu and I came to work sick one day and just couldn't do it the next day. If I had gone to the doctor, it would have cost me more than my salary for the day, once the shots and prescriptions were added in and some of us just can't do that," Broadway said.

Council members agreed to table the discussion on the carryover days until they can receive information totaling the number of days due to each employee, plus the costs to pay out those days.

Brooks also updated council members on the status of the city's community center. According to Brooks, bids will be opened today and could be discussed during the called meeting next week.


Drug suspect arrested

A man suspected of transporting illegal drugs was arrested on Interstate 40 in St. Francis County Sunday morning.

Arkansas State Police reported Mario Ojeda, 54, of Homestead, Fla., was stopped near the 246 eastbound mile marker about 8:30 a.m., after a trooper observed his car weaving on the interstate.

The trooper reported Ojeda appeared nervous, but consented to a search of his 1991 Crown Victoria where police found about 60 pounds of marijuana hidden in a false compartment in the car's roof.

Ojeda is charged with possession of a controlled substance with intent to deliver, possession of drug paraphernalia and obstructing governmental operations.

Ojeda reportedly told police he was being paid to make the trip. The case has been referred to the Drug Enforcement Agency in Little Rock for further investigation, according to a report at ASP Troop D Headquarters in Forrest City.


Mother trying to caution daughter involved in wreck

By ALAN SMITH

T-H Staff Writer

A woman trying to caution her teenage daughter to slow down was sideswiped by the girl's car just outside of Wheatley Monday afternoon.

Arkansas State Police Trooper Lowery Astin said Kajanda Brown, 18, of Brinkley, was traveling west on Highway 70 when the accident occurred.

According to Astin, Nyona Barnett, 37, of Brinkley, and Brown's mother, attempted to drive her car on Brown's left, the eastbound lane, to tell her to stop speeding when Brown reportedly weaved in an effort to prevent Barnett from driving next to her. Astin said Brown's 1999 Kia struck Barnett's 1998 Oldsmobile. The impact pushed Barnett's vehicle into a nearby water-filled ditch, and also caused Brown's vehicle to overturn, ejecting two passengers through the windshield.

Astin said Lorenzo Jordan,16, Tommy Roddy, 20, and Shaunta Brown, 21, all of Brinkley, were passengers in Brown's vehicle. Jordan and Roddy were reportedly ejected from the car. Roddy was reportedly pinned beneath the Brown vehicle.

Jordan was airlifted to the Med in Memphis, and Roddy was airlifted to Baptist Hospital in Little Rock. Brown and Smith were taken by ambulance to Baptist Memorial Hospital in Forrest City. Barnett and her two passengers, Crystal Jordan, 20, and Marie Curry, 60, also of Brinkley, were not reported injured.

Astin also stated that all of those involved in the accident are related.

Jordan was listed in fair condition this morning. A condition report for Roddy was not available at press time. Brown and Smith were both treated and released from BMH-FC.

Brown was charged with having no driver's license, no insurance, operating an unregistered vehicle and reckless driving. Barnett's charges include careless and prohibited driving, permitting an unauthorized person to drive, fictitious vehicle license, no insurance and a failure to appear warrant from Hazen.


Marvell man dies in accident at grain facility

A Marvell man was killed in a freak accident Monday afternoon at a Marianna grain facility.

Marianna Police Chief James Tucker said Alfred Lee Walker, 29, died in the accident that occurred about 12:30 p.m. at East Arkansas Grain on Walnut Street.

Tucker said Walker was cleaning out grain that had become clogged in a storage area when the grain on the walls collapsed, trapping Walker. Tucker said the weight of the grain is believed to have caused the victim to suffocate.


Ferguson, Dangeau bills filed

By DAVID NICHOL

T-H Staff Writer

While Governor Mike Huckabee prepared for his State of the State report today, there already was a lot of activity by members of the state legislature.

Danny Ferguson, of Forrest City, was appointed chairman of the House Energy Committee. Ferguson also prefiled a bill (HB1038), called The Civil Reform Act of 2003, which deals with tort reform.

The bill would limit the liability of one defendant for the acts of another defendant in the same lawsuit. It also would set stricter standards for punitive damages and limit punitive damage awards to $250,000.

It would require that civil lawsuits be filed in the county or judicial district where the alleged wrongdoing occurred or where the defendant resides or works.

It also would require expert testimony in medical injury lawsuits, unless the negligence alleged is within a jury's common knowledge. It would require that medical malpractice complaints be accompanied by an affidavit from a qualified expert. Damages awarded for medical costs, rehabilitation and custodial care would be limited to costs actually paid by the injured party under the legislation.

Another area lawmaker, LeRoy Dangeau of Wynne, prefiled a bill (HB1023) which reorganizes the state Board of Education; requires the director of the Department of Education to serve at the pleasure of the board and make quarterly report to the House and Senate education committees.

On Monday, Dangeau also filed a bill (HB1044) which would the minimum and maximum compensation authorized for county and quorum court officials.

Meanwhile, Huckabee was scheduled to outline his vision for overhauling the education system in his State-of-the-State address to a joint session of the House and Senate.

''You're going to see this governor present a package to the Legislature that's going to allow each of the 135 members make history in this session,'' Huckabee spokesman Rex Nelson said.

''The Arkansas Supreme Court has presented us with a challenge but the court decision also presents us with a tremendous opportunity,'' Nelson said, ''and we hope that's how legislators will approach the issue of education reform.''

The governor and his staff were tight-lipped about the details of Huckabee's plan.

The state Supreme Court declared the school funding formula unconstitutional on Nov. 21, ruling that $1.7 billion in school aid is distributed unfairly and that, overall, the amount wasn't enough to provide a quality education system for all children, regardless of where they live.

Ruling in a lawsuit filed by the Lake View School District, the court gave the state until Jan. 1, 2004, to fashion remedies that provide equal educational opportunities for all of the state's 450,000 school children.


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