Trash services theft charges dismissed

Wednesday, February 10, 2010

FAYETTEVILLE - Lincoln County General Sessions Court Judge Andy Myrick ruled Thursday for dismissal of trash service theft charges as alleged by Petersburg's town recorder against an alderman and a restaurant owner.

All charges against Alderman Brad Dillenback were dismissed, according to a court clerk. Dillenback, 66, was accused of accepting trash from the Talk of the Town restaurant, operated by Danny Williams in Petersburg. Williams, 53, faced the same charge.

Bates Disposal of Fayetteville has a contract with Petersburg for household trash collection and disposal. The town collects fees from residents and pays Bates.

Williams' restaurant trash was allegedly placed in Dillenback's trash can, resulting in one collection instead of two, according to warrants issued by the Lincoln County General Sessions Court Clerk's office on a request by Dawn Forlines, who did so as town recorder.

Forlines' husband, Eugene, their son, Tre, Petersburg Police Officer Alan Moorehead and Alderman Kenneth Richardson are listed on the arrest warrants as witnesses to the alleged service theft. The warrants issued on Nov. 19 alleged the offenses were on: July 14, 21, 28; Aug. 4, 11, 18, 25 and; Sept. 29.

As for the charges against Williams, dismissal is contingent upon payment of $200 restitution and $391 in court costs. He has until March 4 to pay $591 at the sessions court clerk's office. As of Tuesday morning, he'd not paid.

Shelbyville-based attorney Jason Reeves represented Williams and Dillenback. Assistant District Attorney Bud Bottoms prosecuted.

John Hill, a Petersburg resident and friend of the defendants, reported last week that Bottoms met with Reeves and the two discussed the case. Dillenback refused to settle for anything other than dismissal. Williams accepted the resolution to the case, but wanted an end to the matter without conviction.

The judge sanctioned the arrangement as presented in open court by Bottoms. Reeves concurred.

"We were very happy for what they got," Hill said.