Wednesday, March 30, 2022

Felony child abduction charges against Tiffany Alaniz dismissed


Felony child abduction charges against former KODE anchor Tiffany Alaniz, 46, Tulsa, Oklahoma, were dismissed during a hearing this afternoon in Jasper County Circuit Court.

The Jasper County Prosecuting Attorney's office filed the charge against Alaniz in January. 

Alaniz, a Tulsa native, anchored KODE's 5, 6 and 10 p.m. newscasts during the early part of this decade, after spending the 2000s at KSN, forming a highly successful team with weatherman Gary Bandy, first on the morning show and later with a 5 p.m. newscast/talk show format.

 

Tuesday, March 29, 2022

Neosho man pleads guilty to meth possession

 


A Neosho man pleaded guilty today to possession of methamphetamine.

During a hearing in U. S. District Court in Springfield, Judge David P. Rush ordered a pre-sentence investigation for Justin S. Farley, 32, who was indicted in January 2021 after being arrested by Newton County authorities.

According to a detention motion, Farley dumped three pounds of methamphetamine out of a speeding car while being pursued by law enforcement, a plan that might have worked except his vehicle crashed.







A June 6 trial has been scheduled for Farley's co-defendant Mallori L. Phillips, 33, Seneca.

No date has been scheduled for Farley's sentencing.

Federal jury finds Diamond man guilty of sexual exploitation of children


A jury found a Diamond man guilty of sexual exploitation of children and coercion or enticement of a minor today at the conclusion of a two-day trial in U. S. District Court in Springfield.

The public defenders representing Terry Lee Miksell, 65, made motions for acquittal both at the conclusion of evidence and following the announcement of the verdict, a common occurrence following a guilty verdict. Judge Rosann Ketchmark gave both sides an April 12 deadline to submit arguments.

The charges against Miksell were detailed in the probable cause affidavit filed after his initial arrest in January 2020.







On September 17, 2019, Facebook initiated CyberTip 55638136 and on September 19, 2019 Facebook initiated CyberTip 55765307 with the National Center for Missing and Exploited Children.

Facebook initiated the CyberTips after locating sexually explicit messages and images between a user they believed to be a minor and another user believed to be a 63-year-old male. The messages and images were sent between August 13, 2019 and September 6, 2019.
In CyberTips 5638136 and 55765307 Facebook identified two user profiles. The first profile identified the user's screen name as "Terry Miksell". Miksell identified himself as a 63-year-old male in his profile. The second profile identified by Facebook was for a 16-year-old minor female.

This affiant reviewed the image he submitted and confirmed it depicted child pornography, that is Jane Doe, a minor less than 18 years of age, engaged in sexually explicit activity. The image had been sent from the minor's account to Miksell's accont during a Facebook Messenger chat.








Facebook provided an except of Facebook Messenger chats between Miksell and Jane Doe. This affiant reviewed the messages and confirmed that they are sexually explicit in nature. During the chats, Miksell asked Jane Doe to send him sexually explicit images.

Through the course of the investigation, this affiant located a 63-year-old individual named Terry Lee Miksell residing in Diamond, Missouri.

On January 3, 2020, this affiant applied for and received a search warrant for Miksell's residence located in Diamond, Newton County, Missouri.

On January 16, 2020, this affiant and other members of Homeland Security and Southwest Missouri Cyber Crimes Task Force executed the search warrant for Miksell's residence.

During a post-Miranda interview with TFO Martin and TFO Charles Root, Miksell admitted to communicating with Jane Doe through Facebook and further stated he got carried away during some of his messages with Jane Doe. Miksell reported that Facebook had closed both of his accounts for violation of community standards.

Law enforcement seized numerous devices from Miksell's residence, including Miksell's Alcatel 5041C cell phone.

During law enforcement's preview of the cell phone, several pictures of Jane Doe were located in Miksell's Facebook Messenger chats. A short video depicting Jane Doe engaged in sexually explicit activity was also located.

Following the execution of the search warrant, this affiant located 16-year-old Jane Doe.

Jane Doe was interviewed by child forensic interview Kim Stewart. Jane Doe confirmed that Miksell had requested sexually explicit images and videos of her and Jane Doe stated she had sent those images and videos at his request.

Monday, March 28, 2022

Vicky Hartzler: Americans can't afford Biden's budget


(From Fourth District Congresswoman Vicky Hartzler)

Congresswoman Vicky Hartzler (R-Mo.) issued the following statement regarding President Biden’s budget release for Fiscal Year 2023:

“Across our nation, families continue to struggle with the Biden administration’s disastrous policies and anti-energy agenda. Prices have skyrocketed at the grocery store and the gas pump, making it difficult for everyday Americans to feed their families and get to work.









President Biden’s answer? Focus on the wrong priorities by growing our national debt to $45 trillion by 2032 and further diminishing energy independence with Green New Deal payouts – all while failing to adequately fund our military to keep up with inflation.

The simple truth is that Democrats continue to be detached from reality and refuse to address the real issues facing America. This budget agenda would saddle our small businesses with tax hikes and throw more money at a pandemic that is intrinsically over.

Washington Democrats would rather push their socialist proposals than focus on our security and the kitchen table issues impacting the American family. We must push for President Trump’s agenda of putting America first instead of Biden’s policies which put America last.”

Joplin man sentenced to five years for DWI involving serious injury


(From the Newton County Prosecuting Attorney's Office)

A Joplin man entered a plea of guilty in Newton County Circuit Court to the Class D felony of driving while intoxicated involving a serious physical injury and was sentenced to five years in the Missouri Department of Corrections.

Joshua Nathan Goodhue, 46, was sentenced by Judge Kevin Selby of the 40th Judicial Circuit on Tuesday, March 22, 2022, on the single felony count of driving while intoxicated, a second count of assault was dismissed.







On December 20, 2020, Joplin Police responded to a single-vehicle crash on South Range Line near the intersection of 43rd Street.

On scene, police located the suspect, Goodhue, who was emitting the strong odor of intoxicants and appeared to be unable to walk.

Goodhue refused all field sobriety tests and a breath analysis.

During the investigation, Goodhue slapped the hands of the arresting officer as the officer attempted to help Goodman stand after falling. The passenger in the vehicle suffered internal bleeding and appeared to have bone fractures. An independent witness told police that she had seen the vehicle traveling on Range Line in excess of 80 miles per hour.

"Every year, thousands of lives are cut short by alcohol-impaired drivers. The victim in this case was lucky to survive this crash, as was Mr. Goodhue," said Newton County Prosecuting Attorney William Lynch. "We will continue to make efforts to hold impaired drivers accountable with the goal of someday eradicating drunk driving."

This case was investigated by the Joplin Police Department and prosecuted by William Lynch and Sarah Crites of the Newton County Prosecutor's Office.

Joplin SWAT officer placed on administrative leave following Saturday shooting in Baxter Springs


(From the Joplin Police Department)

A Joplin Police Department SWAT officer is under an administrative suspension due to his role in an officer-involved shooting during a mutual aid request at a standoff at 340 Wyandotte Avenue in Baxter Springs, Kansas Saturday night.

Eli Crawford, 37, shot and killed 27-year-old Taylor Dawn Shutte, a former Joplin resident, then went back inside the home with their two-year-old daughter Cessie Crawford.







The standoff was described in a Crawford County Sheriff's Office news release:

At that point law enforcement personnel with the Baxter Springs Police Department and the Cherokee County Sheriff's Office began taking fire from the suspect.

As the suspect continued to shoot at law enforcement, additional assistance from the Kansas Highway Patrol, Kansas Bureau of Investigation and Joplin SWAT Team was requested.

During the nearly three-and-a-half-hour assault on law enforcement, an officer was able to return fire towards the suspect.

When officers approached the residence, Crawford and the child were deceased inside.

The case is being investigated by the Kansas Bureau of Investigation.

Sunday, March 27, 2022

Casey's denies allegations it shortchanges pizza delivery drivers on wages


By Clark Kauffman

Casey’s General Store is denying allegations that the company’s pizza-delivery drivers are being shortchanged on their wages.

The company, which operates roughly 2,300 stores in 16 states including Missouri, allegedly pays its drivers a flat rate of $2 per delivery but doesn’t track drivers’ actual vehicle expenses or make any attempt to reimburse drivers for gas and other specific expenses tied to the use of their cars.

(Photo- Casey’s General Store is the latest pizza delivery business to face a lawsuit over mileage paid to drivers- Photo by Jim Obradovich for Iowa Capital Dispatch)








According to a lawsuit filed last fall in federal court on behalf of drivers, the flat-rate payment plan shortchanges the Casey’s drivers at a rate of 23 cents per mile — a calculation that is based on a $2 payment for delivery runs that tend to average six miles. The payment equates to 33 cents per mile, which is 23 cents less than the IRS standard mileage rate of 56 cents per mile, the lawsuit claims.

Assuming the Casey’s drivers average three six-mile deliveries each hour, they are, in effect, “kicking back” to their employer $4.14 per hour from their own earnings ($1.38 per delivery, multiplied by three deliveries per hour), the lawsuit claims.

The drivers’ hourly pay is roughly equal to the federal minimum wage of $7.25 an hour, the lawsuit alleges, and so the effect of the “kickback” is that the drivers’ net pay is significantly less than the minimum wage.

The lawsuit was filed on behalf of Jolene Greever of Davis County, a Casey’s delivery driver who has worked for the company since 2019, and all other similarly situated employees of the company.

In recent court filings, Casey’s has denied any wrongdoing and stated that the plaintiff’s claims are, at least in part, barred by the statute of limitations.








Under the Fair Labor Standards Act, the statute of limitations for claiming unpaid wages is two years, unless there is evidence of a willful violation of the law, in which case the statute of limitations is three years. In this case, Casey’s argues any violations were good-faith errors and so the applicable statute of limitations is two years.

The company is also challenging the plaintiff’s efforts to make the lawsuit a class-action claim that could be pursued on behalf of multiple drivers, arguing that the company’s drivers are “not similarly situated to one another” in the sense that each of their potential claims are expected to be different.

A judge has yet to rule on those issues.

Papa John’s, Domino’s and others face similar claims

A similar lawsuit was filed last fall, alleging Iowa delivery drivers working for Domino’s Pizza were effectively earning 35 cents an hour because the company wasn’t fairly compensating the workers for the use of their own vehicles.

That case was voluntarily dismissed by the plaintiff even before Domino’s filed an answer to the claim. The case was dismissed without prejudice, which allows the lawsuit to re-filed at some point.

Similar lawsuits have recently been filed in other jurisdictions around the United States, including New Jersey, New York and the state of Washington.

In 2015, a class-action lawsuit was filed against a Papa John’s franchise in Iowa that alleged the company’s drivers collected unreasonably small reimbursement for vehicle expenses, while being forced to pay for their work uniforms.

The lawsuit, filed on behalf of Brandon Tegtmeier, a delivery driver at a Papa John’s restaurant in Davenport, alleged the franchise paid drivers $5.50 an hour as “tipped employees,” even though they were regularly performing tasks that didn’t generate tips such as cleaning, answering calls and preparing pizza orders.

After two years of litigation, that case was settled out of court, with the terms of the deal kept confidential at the insistence of all parties.

In successfully arguing for the terms of the deal to be kept secret by the court, attorneys for the drivers and Papa John’s told the judge in the case that confidentiality “serves the compelling public interest of promoting the amicable resolution of disputes, and the approval of the agreement is necessary in order to allow the final resolution of this matter. This is not a case which involves information of significant interest to the public.”

In court filings, they acknowledged that confidentiality would “prevent injury” to Papa John’s reputation “by ensuring that employees and other individuals who are not fully informed about the settlement do not mistakenly perceive this settlement as an admission of liability.”

Last fall, a law firm that seeks to represent as many as 5,000 delivery drivers won conditional approval for class-action status in a lawsuit against a Domino’s Pizza franchise. The defendant in that case, known as STA management, was at one time one of the largest Domino’s franchises in the United States, with more than 50 locations throughout Michigan and Indiana.

In 2020, a federal judge approved a $650,000 settlement package as part of a class-action settlement in Michigan that involved 10 different Hungry Howie’s franchise locations. The delivery drivers in that case were allegedly reimbursed as little as 10 cents per mile. The settlement in that case covered more than 400 drivers who shared a portion of the $650,000 settlement based on the number of miles they drove.

Saturday, March 26, 2022

Governor orders St. Francois County flags flown at half-staff for slain officer, Carthage native


(From Gov. Mike Parson)

Today, Governor Mike Parson ordered U.S. and Missouri flags be flown at half-staff at all government buildings in St. Francois County on Sunday, March 27, 2022, from sunrise to sunset in honor of Bonne Terre Police Patrolman Lane A. Burns.

On March 17, Patrolman Burns was mortally wounded when he and Corporal Garrett Worley were ambushed after being dispatched to a local motel for a disturbance call. Corporal Worley was critically wounded. Burns and Worley returned fire, killing the gunman.






 

“This month, over the course of just 10 days, three Missouri police officers were senselessly gunned down as they did their jobs,” Governor Parson said. “First in Joplin, and then in Bonne Terre, we lost three fine men who selflessly chose to risk their own lives to protect others. The murder of Lane Burns reminds us of the tremendous debt we owe to the heroes of law enforcement, who take on violent criminals that threaten the safety of our communities. We will forever remember Lane Burns for the valor he displayed as he confronted crime and protected others.”

Patrolman Burns, 30, graduated from Mineral Area College Law Enforcement Academy in 2012 and had served with the Bonne Terre Police Department for five years.

Patrolman Burns’ funeral will be held on March 26, and he will be laid to rest on March 27. The flags will be held at half-staff on the day Patrolman Burns is laid to rest. To view the proclamation, click here.

Slain police officer to be escorted to final resting place in hometown Carthage


(From the Carthage Police Department)

The Carthage Police Department will be assisting in the escort of Officer Burns to his final resting place on Sunday, March 27th around 1:45 PM. The escort will be led across the state by the Missouri State Highway Patrol. 

The procession, consisting of Officer Burns’ family members, will enter Carthage on 96 Highway from the Halltown exit. The escort will then continue on Central to Garrison Avenue. 








The Carthage Police will have Central and Garrison blocked as the procession will go south on Garrison. Some intersections along Garrison will be blocked to Fairview Avenue where the procession will then turn east on Fairview toward Reeds, Mo. 

If you would like to pay your respects or show support for Officer Burns, we’re currently encouraging citizens to park near Central Park (700 block of S. Garrison across from the Fire Department) or along the side streets off of Garrison and walk to Garrison as the procession passes.

(Note: Officer Burns, 30, a member of the Bonne Terre Police Department, was killed in the line of duty March 17.)

Friday, March 25, 2022

Billy Long: Ukraine's damaged bread basket


(From Seventh District Congressman Billy Long)

Everyone agrees on one thing and that is that Russia’s invasion of Ukraine will impact the rest of the world. Ukraine is a bread basket and the war's impact on agriculture will be monumental. 

 Russia and Ukraine are major exporters of such things as wheat and corn. High fuel prices are also skyrocketing the costs of operating farms here in the United States. Because of this, the invasion of Ukraine could worsen already record high inflation when it comes to putting food on the table.







According to the US Department of Agriculture, Russia and Ukraine combined provide around 30% of the world’s wheat, 15% of the world’s corn, 30% of the world’s barley, and more than 70% of the world’s sunflower seed oil. Ukraine has become a battlefield, greatly impacting their agriculture industry, and Russia has rightly been sanctioned and cut off from global markets as a result of their repulsive actions in Ukraine. 

Most of Ukraine’s agricultural exports are through Black Sea ports that have been blockaded by Russia. This means that the trade of foods and products made in these countries has been limited since the invasion began.

While the United States buys very little of our food from Russia and Ukraine, the same is not true for our European allies. This puts added pressure on an already strained global supply chain, creating a ripple effect on food prices in the United States. Inflation is already at a 40 year high, and the invasion of Ukraine could worsen that crisis and raise the cost of food even more. And it’s not just the raw materials but also their finished products.

We’ve all seen another result of Russia’s invasion of Ukraine. Gas prices, which were already increasing under President Biden, rose to record highs in the weeks following the invasion. This clearly hurts working families, but also increases the cost of growing and delivering our food. 

Fuel prices make it more expensive to transport food across the country, and that cost is passed along to the consumer. The cost of feed and fertilizer will go up exponentially and that too will have a huge impact on the cost of food.

All of this shows yet another reason why strong American foreign policy is important. When we project weakness on the world stage, there are consequences both at home and abroad. It’s important to care about what is going on in Ukraine, not just for the humanitarian crisis created by this invasion, but also for the impacts it has on the rest of the world. A stronger American foreign policy keeps our enemies in check, and that prevents these price increases from occurring.