tmcvoice Archives January 25, 2007

Election trial set for Feb. 5th

By Andrew Powell

The trial to determine the validity of certain write-in votes in the election for McCreary County Sheriff will be held on February 5.

Last Thursday, election challenger Gus Skinner appeared in court, along with other parties involved in the matter, for a preliminary hearing with specially appointed Circuit Court Judge David Tapp. The hearing lasted less than half an hour with the judge declaring the early February trial date as well as a hearing on February 2 to hear any motions that may be relevant in the case.

To date, Marcus Vanover, a local attorney representing the McCreary County Board of Elections, has filed a motion to dismiss the case. Vanover argues primarily that to challenge the results of an election, one must prove fraud. Skinner has not done this and is essentially requesting a recount in the matter, not contesting the election, and did not file paperwork for a recount in a timely manner.

Candidate Milford B. Creekmore II and Sheriff Randy Waters had also filed paperwork seeking to be dismissed as parties to the case.

Skinner, along with his attorney Darrell Saunders, have until today to file additional motions needed in the case and until January 22 to file a response to the dismissal motions. Other parties in the matter in the matter had the same timeline set to file any other motions and/or responses they felt necessary.

During last Thursday’s hearing, Judge Tapp stated the basis of the hearing was to deal with several administrative matters, gather information on the status of discovery on behalf of the parties and to set the trial date. Tapp noted that by law the matter was to be expedited, leading to his setting the early February hearing.

“It is in the interest of the community and those involved here to expedite this matter,” Tapp said from the bench.

Tapp, after questioning the attorneys on their availability for the February date, said he expected the trial to last two days, February 5 and 6, and could possibly necessitate a third day.

After the hearing, several individuals, including Creekmore and members of the election board were held by attorneys to offer depositions in the case. County Court Clerk Jo Kidd, who serves as primary election officer, gave a deposition in the matter two weeks ago and Skinner was expected to provide his deposition on Tuesday.

Skinner, a write-in candidate who was named Sheriff on election night, lost 30 votes during a recanvass and the office of Sheriff to Democrat Randy Waters. Waters was sworn in and has served the county as Sheriff since January 1.

Skinner’s petition, filed in December, primarily seeks the counting of more than 50 votes where voters wrote-in only his first name, “GUS.” Election law does not directly address first name votes and local election officers were told by state election officials not to count those votes. Skinner argues those votes clearly show voter intent, also stating he has approximately 40 people willing to step forward to say they voted by writing in his first-name only, and intended to cast their vote for Skinner.

If the court rules in Skinner’s favor, he will garner enough votes to be declared sheriff, a resolution he requests according to his petition.

The trial will begin at 9 a.m. in the local circuit courtroom. The hearing on February 2 will be held at 1:30 p.m.

Obituaries

Orville "Speedy" Gregory

Mr. Orville “Speedy” Gregory, age 92, of Stearns, Kentucky, went home to be with the Lord on Wednesday, January 10, 2007. He was at the Lake Cumberland Regional Hospital in Somerset at the time.
Funeral services will be held Saturday, January 13, 2007, at 12:00 p.m. in the chapel of Pine Knot Funeral Home with Rev. Larry Whitehead, Rev. Lance Lay, and Rev. Glen Whitehead officiating. Special music will be provided by Bill Stephens. Mr. Gregory will be laid to rest in the Piney Grove Cemetery in Williamsburg, Kentucky. The family will receive friends Friday evening from 6:00 – 9:00 at the funeral home.
Orville was a retired coal miner having worked for the Stearns Coal and Lumber Company for 42 years. He served God as a faithful member of the Freewill Baptist Church in Pine Knot.
Born July 7, 1914, in Wayne County, Kentucky, he was the son of the late Solomon C. and Mary Ellen Morris Gregory. Also preceding him in death was his wife and mother of his children Flora Ellen Winchester Gregory and second wife Laura Keith Gregory. Also deceased are all of his brothers and sisters: Marvin, Hershel, Chester, Lilburn, Forest and Newt Gregory and Stella Pratt and Effie Coster.
Orville leaves behind four sons, Harold (and Judy) Gregory of Lawrenceburg, Indiana, Alvey Gregory of Williamsburg, Forest Lee Gregory of Williamsburg, David (and Becky) Gregory of Whitley City, and three daughters, Shonda (and Willis) Dukes of Paducah, Kentucky, Wilma (and Dick) Nichols of West Union, Ohio, and Shirley (and Greg) King of Milford, Ohio. He had 15 grandchildren, 26 great grandchildren, 4 great great grandchildren, numerous nieces and nephews and a special friend Hazel Laya.

Dick Malcolm Epperly

Mr. Dick Malcolm Epperly, age 53, of Greenville, South Carolina, passed away Sunday, January 7, 2007.
Funeral services were held Tuesday, January 9, 2007, at 11:00 a.m. at the Mackey Mortuary in Greenville with the Rev. Jack Epperly officiating. Interment was in the Hayes Creek Cemetery in Strunk, Kentucky at 5:00 p.m. on Tuesday.
A native of Ft. Walton Beach, Florida, he was born on July 2, 1953, to Faye Julia O’Dell Epperly and the late Martin Preston Epperly.
Mr Epperly was employed as a dock worker for Roadway Express and a supervisor for Greenville Awning Company. He served his country in the United States Marine Corps.
Surviving, in addition to his mother, are his wife Charlotte Loudermilk Epperly; three sons, Travis Ian Epperly and Jeffery Martin Epperly of Biloxi, Mississippi, Jared Ryan Epperly of Greenville, South Carolina, two daughters, Aubrey Chanel Epperly and Ciera Alyse Epperly; four brother, Jack Epperly of Hartsville, South Carlina, Dirk Epperly of Peachtree, North Carolina, Mark Epperly of Gray Court, South Carolina and Wayne Epperly of Mauldin, South Carolina and two sisters, Sherry Fewell and Angela Finch both of Gray Court, South Carolina.
Pine Knot Funeral Home assisted the family with local funeral arrangements.

Franklin Bridges

Mr. Franklin Bridges, age 77, of Pine Knot, Kentucky, passed away Friday, January 12, 2007, at the Lake Cumberland Regional Hospital in Somerset, Kentucky.
Funeral services were held Monday, January 15, 2007, at 2:00 p.m. in the chapel of Pine Knot Funeral Home with Bro. Chester Morgan officiating. Burial was in the Pine Knot Cemetery.
Born on February 20, 1929, he was the son of Edward and Rosa Lee Simmons Bridges. Preceding him in death is his father and a son-in-law Johnny Coffey.
Surviving is his mother Rosa Lee Bridges of Gaffney, South Carolina, his wife Frances “Pat” Bridges of Pine Knot, a daughter Rebecca Coffey of Pine Knot and a son Anthony K. Bridges and his wife Teresa of Chicago, Illinois. He has two sisters Rachel Blanton and Peggy Dorman both of Gaffney, South Carolina and two grandchildren Brian and Tracie Coffey.
Frank was retired from General Motors where he worked as a foreman in the paint department and other management positions. He was working for Winn Dixie when he met Pat. They were united in marriage on March 12, 1950. Besides his family, he enjoyed working in his yard and playing golf. He was a member of the Oneida Golf and Country Club and served in the United States Navy.
Pine Knot Funeral Home assisted the family with funeral arrangements.

Phillip Dolen

By Greg Bird

Phillip Dolen, age 81 years, Stearns, Kentucky died January 13, 2007. Funeral services were held Tuesday, January 16, 2007 at McCreary County Funeral Home with Rev. Rufus Hughes officiating. Burial was in Angel Cemetery.
He was born at Shoopman, Kentucky on September 7, 1925 the son of the late Joe Lewis and Cora King Dolen. He was a coal miner and member of Beech Grove United Baptist Church. During World War II he served in the U. S. Army.
His wife, Orangie Boyatt Dolen and his parents precede him in death. Phillip Wayne Dolen is the deceased son. The deceased brothers and sisters are, Delbert Dolen; Elbert Dolen; Newton Dolen; Clyde Dolen; Fred Dolen ; Edna Ledbetter and Georgia Taylor.
Survivors include his children, Ronald Dolen and wife, Leigh Ann, Lawrenceburg, Kentucky; Bobby Dolen and wife, Delores; Timothy Dolen and wife, Gretchen, Monticello, Kentucky; Jerry Dolen and wife, Karen, Stearns, Kentucky and Angie Faust and husband, Bill, Milan, Michigan. Roger Dolen, Okolona, Arkansas and Flora Bahr, Myrtle Creek, Oregon are the surviving brother and sister. Seventeen grandchildren and eleven great grandchildren survive. A special friend, Mary Smith, Oneida, Tennessee, survives him.
Military honors provided by American Legion Post 115.
McCreary County Funeral Home entrusted with arrangements.

Claude Unthank

Claude Unthank, age 93 years and 19 days, of Parkers Lake, Kentucky passed away Sunday, January 7, 2007 in Batesville, Indiana.
Funeral services were held on Saturday, January 13, 2007 at 12:00 p.m. at the Hickman-Strunk Funeral Home with Bro. Tom Strunk officiating. Burial followed in the Greenwood Cemetery.
He was born December 20, 1913 in Harlan County, Kentucky to John Hiram Unthank and Malla Osborne Unthank. He was a Church of God minister for over 50 years and had worked as a chemical operator for W.R. Grace Company in Cincinnati, Ohio before his retirement. He also served in the U.S. Army as a Staff Sergeant from 1930 to 1937 and he was interested in ancient history, archaeology, gardening, and singing.
Preceding him in death were his parents, his wife, Nora Unthank, three brothers, Curtis, Marvin, and Presley Unthank, and one sister, Fannie Unthank.
Survivors include four sons, Jim Unthank and his wife, Carol, of Memphis, Tennessee, Joe Unthank and his wife, Saluda, of Cincinnati, Ohio, Jerry Unthank and his wife, Betty, of Milan, Indiana, and Jack Unthank and his wife, Sheila, of Denver, Colorado, a sister, Rose Wilson, of Owingsville, Ohio, sixteen grandchildren, and thirty great grandchildren.
Condolences may be emailed to the family at strunkfh@yahoo.com.
Hickman-Strunk Funeral Home served the family of Claude Unthank.


Thursday, January 25, 2007 • 57 Oaks Lane, Suite 15 • Whitley City, KY

	Election trial set for Feb. 5th By Andrew Powell The trial to determine the validity of certain write-in votes in the election for McCreary County Sheriff will be held on February 5. Last Thursday, election challenger Gus Skinner appeared in court, along with other parties involved in the matter, for a preliminary hearing with specially appointed Circuit Court Judge David Tapp. The hearing lasted less than half an hour with the judge declaring the early February trial date as well as a hearing on February 2 to hear any motions that may be relevant in the case. To date, Marcus Vanover, a local attorney representing the McCreary County Board of Elections, has filed a motion to dismiss the case. Vanover argues primarily that to challenge the results of an election, one must prove fraud. Skinner has not done this and is essentially requesting a recount in the matter, not contesting the election, and did not file paperwork for a recount in a timely manner. Candidate Milford B. Creekmore II and Sheriff Randy Waters had also filed paperwork seeking to be dismissed as parties to the case. Skinner, along with his attorney Darrell Saunders, have until today to file additional motions needed in the case and until January 22 to file a response to the dismissal motions. Other parties in the matter in the matter had the same timeline set to file any other motions and/or responses they felt necessary. During last Thursday’s hearing, Judge Tapp stated the basis of the hearing was to deal with several administrative matters, gather information on the status of discovery on behalf of the parties and to set the trial date. Tapp noted that by law the matter was to be expedited, leading to his setting the early February hearing. “It is in the interest of the community and those involved here to expedite this matter,” Tapp said from the bench. Tapp, after questioning the attorneys on their availability for the February date, said he expected the trial to last two days, February 5 and 6, and could possibly necessitate a third day. After the hearing, several individuals, including Creekmore and members of the election board were held by attorneys to offer depositions in the case. County Court Clerk Jo Kidd, who serves as primary election officer, gave a deposition in the matter two weeks ago and Skinner was expected to provide his deposition on Tuesday. Skinner, a write-in candidate who was named Sheriff on election night, lost 30 votes during a recanvass and the office of Sheriff to Democrat Randy Waters. Waters was sworn in and has served the county as Sheriff since January 1. Skinner’s petition, filed in December, primarily seeks the counting of more than 50 votes where voters wrote-in only his first name, “GUS.” Election law does not directly address first name votes and local election officers were told by state election officials not to count those votes. Skinner argues those votes clearly show voter intent, also stating he has approximately 40 people willing to step forward to say they voted by writing in his first-name only, and intended to cast their vote for Skinner. If the court rules in Skinner’s favor, he will garner enough votes to be declared sheriff, a resolution he requests according to his petition. The trial will begin at 9 a.m. in the local circuit courtroom. The hearing on February 2 will be held at 1:30 p.m. Obituaries Orville "Speedy" Gregory Mr. Orville “Speedy” Gregory, age 92, of Stearns, Kentucky, went home to be with the Lord on Wednesday, January 10, 2007. He was at the Lake Cumberland Regional Hospital in Somerset at the time. Funeral services will be held Saturday, January 13, 2007, at 12:00 p.m. in the chapel of Pine Knot Funeral Home with Rev. Larry Whitehead, Rev. Lance Lay, and Rev. Glen Whitehead officiating. Special music will be provided by Bill Stephens. Mr. Gregory will be laid to rest in the Piney Grove Cemetery in Williamsburg, Kentucky. The family will receive friends Friday evening from 6:00 – 9:00 at the funeral home. Orville was a retired coal miner having worked for the Stearns Coal and Lumber Company for 42 years. He served God as a faithful member of the Freewill Baptist Church in Pine Knot. Born July 7, 1914, in Wayne County, Kentucky, he was the son of the late Solomon C. and Mary Ellen Morris Gregory. Also preceding him in death was his wife and mother of his children Flora Ellen Winchester Gregory and second wife Laura Keith Gregory. Also deceased are all of his brothers and sisters: Marvin, Hershel, Chester, Lilburn, Forest and Newt Gregory and Stella Pratt and Effie Coster. Orville leaves behind four sons, Harold (and Judy) Gregory of Lawrenceburg, Indiana, Alvey Gregory of Williamsburg, Forest Lee Gregory of Williamsburg, David (and Becky) Gregory of Whitley City, and three daughters, Shonda (and Willis) Dukes of Paducah, Kentucky, Wilma (and Dick) Nichols of West Union, Ohio, and Shirley (and Greg) King of Milford, Ohio. He had 15 grandchildren, 26 great grandchildren, 4 great great grandchildren, numerous nieces and nephews and a special friend Hazel Laya. Dick Malcolm Epperly Mr. Dick Malcolm Epperly, age 53, of Greenville, South Carolina, passed away Sunday, January 7, 2007. Funeral services were held Tuesday, January 9, 2007, at 11:00 a.m. at the Mackey Mortuary in Greenville with the Rev. Jack Epperly officiating. Interment was in the Hayes Creek Cemetery in Strunk, Kentucky at 5:00 p.m. on Tuesday. A native of Ft. Walton Beach, Florida, he was born on July 2, 1953, to Faye Julia O’Dell Epperly and the late Martin Preston Epperly. Mr Epperly was employed as a dock worker for Roadway Express and a supervisor for Greenville Awning Company. He served his country in the United States Marine Corps. Surviving, in addition to his mother, are his wife Charlotte Loudermilk Epperly; three sons, Travis Ian Epperly and Jeffery Martin Epperly of Biloxi, Mississippi, Jared Ryan Epperly of Greenville, South Carolina, two daughters, Aubrey Chanel Epperly and Ciera Alyse Epperly; four brother, Jack Epperly of Hartsville, South Carlina, Dirk Epperly of Peachtree, North Carolina, Mark Epperly of Gray Court, South Carolina and Wayne Epperly of Mauldin, South Carolina and two sisters, Sherry Fewell and Angela Finch both of Gray Court, South Carolina. Pine Knot Funeral Home assisted the family with local funeral arrangements. Franklin Bridges Mr. Franklin Bridges, age 77, of Pine Knot, Kentucky, passed away Friday, January 12, 2007, at the Lake Cumberland Regional Hospital in Somerset, Kentucky. Funeral services were held Monday, January 15, 2007, at 2:00 p.m. in the chapel of Pine Knot Funeral Home with Bro. Chester Morgan officiating. Burial was in the Pine Knot Cemetery. Born on February 20, 1929, he was the son of Edward and Rosa Lee Simmons Bridges. Preceding him in death is his father and a son-in-law Johnny Coffey. Surviving is his mother Rosa Lee Bridges of Gaffney, South Carolina, his wife Frances “Pat” Bridges of Pine Knot, a daughter Rebecca Coffey of Pine Knot and a son Anthony K. Bridges and his wife Teresa of Chicago, Illinois. He has two sisters Rachel Blanton and Peggy Dorman both of Gaffney, South Carolina and two grandchildren Brian and Tracie Coffey. Frank was retired from General Motors where he worked as a foreman in the paint department and other management positions. He was working for Winn Dixie when he met Pat. They were united in marriage on March 12, 1950. Besides his family, he enjoyed working in his yard and playing golf. He was a member of the Oneida Golf and Country Club and served in the United States Navy. Pine Knot Funeral Home assisted the family with funeral arrangements. Phillip Dolen By Greg Bird Phillip Dolen, age 81 years, Stearns, Kentucky died January 13, 2007. Funeral services were held Tuesday, January 16, 2007 at McCreary County Funeral Home with Rev. Rufus Hughes officiating. Burial was in Angel Cemetery. He was born at Shoopman, Kentucky on September 7, 1925 the son of the late Joe Lewis and Cora King Dolen. He was a coal miner and member of Beech Grove United Baptist Church. During World War II he served in the U. S. Army. His wife, Orangie Boyatt Dolen and his parents precede him in death. Phillip Wayne Dolen is the deceased son. The deceased brothers and sisters are, Delbert Dolen; Elbert Dolen; Newton Dolen; Clyde Dolen; Fred Dolen ; Edna Ledbetter and Georgia Taylor. Survivors include his children, Ronald Dolen and wife, Leigh Ann, Lawrenceburg, Kentucky; Bobby Dolen and wife, Delores; Timothy Dolen and wife, Gretchen, Monticello, Kentucky; Jerry Dolen and wife, Karen, Stearns, Kentucky and Angie Faust and husband, Bill, Milan, Michigan. Roger Dolen, Okolona, Arkansas and Flora Bahr, Myrtle Creek, Oregon are the surviving brother and sister. Seventeen grandchildren and eleven great grandchildren survive. A special friend, Mary Smith, Oneida, Tennessee, survives him. Military honors provided by American Legion Post 115. McCreary County Funeral Home entrusted with arrangements. Claude Unthank Claude Unthank, age 93 years and 19 days, of Parkers Lake, Kentucky passed away Sunday, January 7, 2007 in Batesville, Indiana. Funeral services were held on Saturday, January 13, 2007 at 12:00 p.m. at the Hickman-Strunk Funeral Home with Bro. Tom Strunk officiating. Burial followed in the Greenwood Cemetery. He was born December 20, 1913 in Harlan County, Kentucky to John Hiram Unthank and Malla Osborne Unthank. He was a Church of God minister for over 50 years and had worked as a chemical operator for W.R. Grace Company in Cincinnati, Ohio before his retirement. He also served in the U.S. Army as a Staff Sergeant from 1930 to 1937 and he was interested in ancient history, archaeology, gardening, and singing. Preceding him in death were his parents, his wife, Nora Unthank, three brothers, Curtis, Marvin, and Presley Unthank, and one sister, Fannie Unthank. Survivors include four sons, Jim Unthank and his wife, Carol, of Memphis, Tennessee, Joe Unthank and his wife, Saluda, of Cincinnati, Ohio, Jerry Unthank and his wife, Betty, of Milan, Indiana, and Jack Unthank and his wife, Sheila, of Denver, Colorado, a sister, Rose Wilson, of Owingsville, Ohio, sixteen grandchildren, and thirty great grandchildren. Condolences may be emailed to the family at strunkfh@yahoo.com. Hickman-Strunk Funeral Home served the family of Claude Unthank.