YEAR IN REVIEW Part 2: In local politics, 2016 was the year of the sign...

Continued from PART 1

With the upcoming city election, a number of candidates began to qualify for the race and the city continued to take applications for the position of city manager. Councilman Pete Souza announced he would not seek reelection to the council. One popular place for political signs turned out to be the property across the street from city hall that belongs to Wendell Kerley, a former councilman and father to Jerry Kerley and grandfather to councilman Jesse Kerley. Following the August county general election, a sign popped up concerning Mr. Souza's run for tax assessor.

Tax Assessor sign story 

Many of the 2016 city election political signs were the kind you would expect at the link here.

As the campaign continued, signs in favor of J. H. Graham appeared in the yard across from city hall belonging to Wendell Kerley. They were substantially different from the signs at the same location only 2 years before when Graham was defeated in election for mayor of Crossville.

Kerley property signs in July 2014

"Some things are meant for extinction"

Kerley property signs supporting Graham

Kerley property signs  

Then, at the end of September, an incident occurred that included the theft of political signs at the Mockingbird Drive property. As the theft took place, a neighbor caught part of the incident on video and was able to get a tag number of the pickup truck involved.

Sign theft incident under investigation

Video capture of Mockingbird Dr. sign theft

The district attorney took over the investigation and suspects were established that included Jerry Kerley, the director of water resources for the city of Crossville and father of councilman Jesse Kerley. The second man involved was identified as William Harwell who works at the Crossville airport. Investigation by this reporter discovered security video from the airport showed just before and just after the sign theft incident that the truck in question left from the airport and then returned to the airport. District attorney Bryant Dunaway confirmed that the stolen signs were recovered at the city owned airport.

Airport security videos shed light on alleged sign theft incident

In mid October, possibly the strangest sign story of the year came about when city council candidate J. J. Brownstead discovered several of his large political signs were missing and when he reported them stolen he was very surprised to be told someone else had reported them stolen. That person turned out to be councilman Jesse Kerley who tried to claim that the signs had come from his father's property off of Vanderver Road.

It turned out that the Cumberland Co. Sheriff's department had picked up the signs until the matter could be straightened out. This was surprising to Brownstead who knew that the signs had been repainted after they came from councilman Pete Souza's garage. Councilman Kerley had also submitted a list of “suspects” who he suspected of stealing the signs that included Mr. Brownstead, councilman Souza and this reporter among others.

It took 3 days, but the signs were then returned to Mr. Brownstead who put them back up.

Political signs reported stolen by two different people?

Just over a week before the November election as early voting was coming to a close, an incident occurred in Crossville on the courthouse lawn when a man who said he was tired of the politics walked through the signs that had been posted kicking them and knocking them down. The man was taken into custody and charged with damage to the signs.

State Rep Cameron Sexton inspects sign damage

Man angry at politics takes it out on signs.

Then, just few days after the election, the political signs got very ugly. Two signs were set up, one on Lantana Rd, and the other in front of Kroger.

And after the election again, the case against Jerry Kerley and William Harwell made it to court and both men took pre-trial diversion on the charges and agreed to serve 6 months probation, pay fees and court costs.

Men accused in political sign theft accept pre-trial diversion. 

In early December it was revealed that the city had agreed to drop all charges against J. R. Blankenship for his “unsigned fliers” and the removal of the section of the city ordinances he was charged under was unanimously approved by the new city council. The charges can not be brought back up and the $1500 fine assessed against Blankenship was set aside.

All charges dropped agaisnt J.R. Blankenship.

We may yet here more news about signs in the new year. Stay tuned.

If you missed part 1 of this story you can find it here. 

YEAR IN REVIEW Part 1: In local politics, 2016 was the year of the sign...

(Editor's note: 2016 was one of the strangest years politically in this reporters over 30 years of covering Crossville. A popular city manager was removed, a popular police chief resigned, two council members were caught on video in an altercation leading to charges that were eventually dismissed. In addition, a city department head was charged with theft of property while reportedly on city time and the stolen items recovered from the city airport. This city employee reportedly received no reprimand for his action. While new members of city council may make the council meetings less volatile, there are leftovers from 2016 that the city will have to deal with into 2017.)

In Crossville, 2016 will go down as the year of the sign. This was especially true in the matters of city politics. Political signs made news numerous times during the year and lead to anger and even criminal charges and threatened criminal charges.

Signs promoting the recall efforts against Crossville city council members Danny Wyatt and Pamala Harris began to pop up along city streets in late April and early May. Some of those signs contained caricatures of both Wyatt and Harris being given the hook as they danced on a stage. In April, Harris described the signs as disturbing to see at first, but after looking at them she had to laugh as the signs really seemed pretty silly.

Signs posted by those seeking recall of city council members Wyatt and Harris

A new set of signs began to show up at the May regular city council meeting when a local resident named J. R. Blankenship set up a sign in the back of his pickup truck concerning actions by councilman Jesse Kerley. Blankenship was unhappy at what he felt was an effort by councilman Kerley against him personally that led to charges for distributing “unsigned fliers” in Crossville and Kerley efforts to have him arrested for other charges.  After Blankenship appealed the fine on the fliers the charges and fines were dropped.  More details on that in The Year in Review Part 2.

Mockingbird signs story 

A different sign showed up at council meetings for a number of months. In addition, a series of signs were put up in front of the house on Mockingbird Drive where Blankenship and his mother lived. The political signs ultimately led to more problems including eventual theft charges against Jesse Kerley's father Jerry Kerley and William Harwell who spoke up at one council meeting against the political signs including the ones on Mocking bird land. Both Jerry Kerley and Harwell took pre-trial diversion on the charges and were to serve 6 months probation.

Are recall signs political? (includes Harwell comments) 

One of the biggest stories of 2016 apparently had its roots in political signs. The alleged altercation between two council members following a work session meeting that was caught on tape included references to councilman Souza's alleged work on Blankenship's signs. Both Souza and Blankenship said they did not collaborate on the signs and that the signs were entirely done by Mr. Blankenship.

Story on Souza and Kerley altercation including the security video of the incident. 

Eventually the assault charges filed against Mr. Kerley by Mr. Souza from the incident went to trial and the charges were dismissed in general session court.

In mid June the recall efforts against council members Wyatt and Harris were withdrawn.

Recall effort ended story link 

There were a few positive signs during the year including the one posted in late July by a local church indicating they were praying for the Mayor and the city of Crossville.

Church posts sign offering prayer for the city. 

See part 2 of the 2016 Year in Review here.

Souza email comments on numerous issues including phone harassment and ugly political sign incident.

(Editor's note: This email was sent to the city this morning from councilman Pete Souza.  It is a public record.)

Before I begin I would like to remind the council that there is a EEOC complaint among other things listing a violation of the whistle blower act. That being persons reporting violations are protected from acts of retaliation, I am sure Mr Ridley can clarify that.

For some time now a person or persons has been harassing citizens of the city and county with phone calls who list other people's numbers as the source. This similar to the 2012 Robo Calls erroneously listing the city phone number as the source. Last Thursday this harassment level increased significantly. Phone numbers erroneously listed were mine, Rodney Shoap, and others. In the past this action was reported To the CPD and the DA. That's fine this child like behavior can be expected,
but the people being harassed can of course seek civil action which well may be the case. Where I am concerned Sally in your capacity as city clerk I am informing you that my phone number will be discontinued this date and will be unlisted as result of this abuse.

You are all aware of last weeks signs commonly referred to as the Methberry signs. On the signs it states the mayor as corrupt, incompetent, can not Pass a drug test is Pete Souzas Bitch, ect... That's fine but here is some thing to think about. Shortly the person responsible will be identified and let it be known that person caused harm to innocent people.

Normal procedure for sign complaints is Vulgar or unlawful signs are picked up by the street department to be recovered by the owner. Signage Is governed by a city ordinance.

Here is what happened in this case, reports of the sign was called into the city (Sally Oglesby) who in turn called Chief Rosser. Chief Rosser called the city manager Steve Hill. Steve alleges he called the city attorney Will Ridley who told him to tape over the sign portion with the word bitch and leave it up. I spoke with Chief Rosser who confirmed this story yesterday. Once again I remind all parties of the whistle blower Act..

I'll let Mr Ridley make what ever comments he may on this since it is Steve Hills assertion that he was following instructions from the city attorney.  Although it is a given the city attorney only has the power to advise so I would be skeptical to the authentication of the facts. I am not skeptical
of the honesty of Chief Rosser who works directly for Steve Hill.

It was also reported that early that morning in Billy Loggins' office the city manager and Mr Loggins' and the city manager were having a good laugh about the signs.

I wonder what recourse is going to come to the originator of the sign, Mr Hill who's primary responsibility is to enforce city ordinances and safeguard the city from wrongful litigation. The parties injured were children and I assure you the parents are taking this serious.

By the way Mr Hill all city employees have to take a drug test. The last time I checked you were the only city employee not in compliance.

Ms Oglesby please insure that the council elects and Chief Rosser gets a copy of this E Mail.

Pete Souza

Souza issues response to lack of any council action on ethics complaints at November regular city council meeting.

(Councilman Pete Souza sent out the following email early Sunday morning in response to the November regular city council meeting.)

Given the events of the last council meeting on subject agenda items it is noted that none of the agenda items I placed on the agenda were presented.  The meeting was adjourned before those agenda items were discussed, additionally it is noted at this time that the opportunity to produce all
evidence and witnesses were denied. 

Effectively all ethics charges remain pending resolution by the city council. It is further noted that the fiduciary responsibility rest with the council to resolve this issue and the serious nature of many of these charges can not be resolved by walking out. The failure of the council to perform its responsibility in light of ethical, criminal, and city policies is arguably both a conflict of the charter and gross negligence.  

Mr Ridley you may want to take care in the response to this, I feel that your response will have a far reaching impact on the city. Such request as you may reasonably request for additional legal opinions should include all data provided to you and the council.

It is further noted that a campaign of harassment on witnesses was conducted following the meeting.

Respectively, 

Pete Souza

Ms Oglesby please place a hard copy of this in my box and I suggest that you place a copy in the the ethics file. Also please forward a copy of this to the DA s office.

Crossville city council meeting adjourns early after heated discussion of Souza's ethics complaints.

In what was likely the final attempt by outgoing Crossville city councilman Pete Souza to try and expose the corruption he sees in the city of Crossville's operation, it ended with two council members walking out of the meeting during the discussion followed by Mayor James Mayberry adjourning the meeting before the agenda was completed.

The council chambers were mostly full of observers including councilman elect Scot Shanks who also got up and left as the discussion on Souza's ethics complaints started to go badly. At one point, Mayor Mayberry said about the audience, “Half the people here are probably looking for a fight and the other half are hoping this would all go away.”

Final regular council meeting for council members Pete Souza, left, 

and Jesse Kerley, right. 

This is the first time in the history of Crossville that an ethics complainant has been filed under the city's charter and in addition to the charter its self, city attorney Will Ridley had requested an opinion from the Municipal Technical Advisory Service to help guide the process.

Mayberry began by explaining the process saying that the council could decide if the complaint did or did not have merit or if it had merit and warranted additional investigation. Since the city attorney could not investigate one member of the council as he represents the council as a whole, an outside person would have to be called in according to Mayberry and that could be very expensive.

Mayberry then put forth a motion that stated that the complaints were determined to have merit but added, “I do not want to spend taxpayer's money on a long extended investigation on these items.”

Councilman Souza asked city attorney Will Ridely about what would happen next and he said that the remedy for finding the complaint has merit is public censure by the council. Souza continued saying that he saw a problem with lumping all the 13 complaints together since there were different scales of action. Ridley responded that it was the council's prerogative on how to handle the ethics complaints.

Outgoing Councilman Pete Souza

After several comments including councilman Danny Wyatt asking how the items got on the agenda and Mr. Souza saying he put them on the agenda and Souza questioning the putting forth of a germane motion before he was able to make his first motion, Mayor Mayberry then withdrew his motion that had not received a second.

Souza said he had a motion but first requested clarification from Mr. Ridley about the Charter requirement that the council hear the ethics charges but the standing rules that limited discussion to three minutes that was not adequate time to present. Souza said he felt it was not lawful for the standing rules to block the charter.

Ridley stated that the council could suspend the rules temporarily but otherwise the rules were put on the council by itself and was lawful. Souza then moved to suspend the standing rules for the discussion of the items but no second was received. Souza then attempted to speak on the topic without a motion and councilman Wyatt called point of order. Mayberry ruled in favor of Wyatt and he moved to table the matter to a special called meeting and a second was given by councilwoman Pamala Harris.

Harris then read from an email by Mayor Mayberry dated October 18 concerning the cancelling of the called meeting in October saying a meeting in the current political climate could do more harm then good. Mayberry proposed to hold the meeting after the election. Harris then added it didn't make sense to her that the accuser and the accusee were both members of the ethics board and that it would make more sense to her to wait until the new council members are seated. Souza then said, “Oh shit.”  

Council members Harris, Wyatt and Jesse Kerley objected to the language.

Souza took the floor and said the proposal to delay the matter was “hogwash.” He continued saying that an EEOC complaint had been filed against the city. Souza said, You can laugh Jerry Kerley, but you will be subpoenaed before it is over.” Souza was interrupted again by Mr. Wyatt and Jesse Kerley.

Jesse Kelrey said to Mayor Mayberry, “You've got a councilman attacking a city employee in a public meeting Mayor, and you're allowing it to happen.” Souza responded, “and it's your dad, right?”

Outgoing Councilman Jesse Kerley

“Please! Let's bring this meeting to order,” said Ms. Harris, “and please conduct yourself like good citizens.

Souza continued saying that the council would see at least three lawsuits and began to talk about a letter sent to the council on June 1 about the serious problems. As Souza was talking, councilwoman Harris gathered her papers and got up to leave. Councilman Wyatt followed her out.

Council member Pam Harris leaves the meeting early,

and followed shortly by council member Wyatt. 

One member of the audience shouted out that the next meeting would be the new council members and a cheer went up from part of the audience.

The motion on the floor was restated and the clerk said there was still a quorum present. Mr. Souza said it was a non-functional quorum because one of the members was deeply involved and it involves his father and his best friend, referring to Jesse Kerley and Steve Hill.

Councilman Kerley took the floor and thanked the citizens of Crossville for giving him the opportunity to serve and then began to attck Mr. Souza.

With that Mayor Mayberry said, I think we've heard from both sides, “This meeting is adjourned.”

A number of items were left on the agenda including the city attorney's and city manager's report as well as time for public comments.

Souza's closing comment was, “I'll see you all in court.”  

Court date on sign theft charges against Jerry Kerley and William Harwell moved to November 17

Though it appeared the case would be settled through pre-trial diversion, that offer turned into a request for a hearing by the defendants and to give time for preparation, the case was moved out an additional week.

Kerely and Harwell were in court for a while this morning and returned later in the afternoon where the continuance was agreed to by the DA's office and thier attorney Jimmy Smith.

Signs at the Mockingbird Drive property before the theft

Still from neighbor's video shot of the suspects preparing to 

leave the driveway of the property.

Charges filed in sign theft.

Airport videos appear related to sign theft.

City of Crossville has no comment on employee charged with sign theft.

Political signs only get uglier after the election is over.

This sign was photographed Thursday morning in front of Kroger. Reports of at least one additional sign on Lantana Rd. has been reported.

Even though the election is over, the politics apparently are not.

Man who said he was tired of election facing charges for damaging Courthouse lawn political signs.

While many people are tired of the election and the political signs put up everywhere, not many people go to the lengths a young man did in Crossville Tuesday morning.

Everyday for early voting, supporters and candidates put signs up on the courthouse lawn hoping to catch the eyes of early voters heading to the election commission office across the street to vote.  This morning a young man who told police he was tied of the election allegedly came through the courthouse lawn and kicked all the signs down that had been set up just before 8 AM.

The man taken into custody was identified as David Mackie and he was placed under $2500 bond.

Crossville police hold a suspect while investigating vandalism of political signs 

on the courthouse lawn

One candidate who was putting up signs after the incident told this reporter that he had been eating breakfast at McDonalds that morning and had seen the young man kicking down signs along 127-N as well.  The young man was taken into custody by Crossville police and is expected to face vandalism related charges.

25th District State Representative and candidate for reelection Cameron Sexton, front, 

checks the damage to his political signs

Some of the dozens of Political signs damaged in the incident.

In a long line of political sign stories, this could be the strangest. "Stolen" signs returned to candidate.

After the Cumberland County sheriff's department confiscated some political signs that had the name of city council candidate J. J. Brownstead, on them, those signs have now been returned to the candidate.

City council candidate J. J. Brownstead proudly leaves the justice center 

with signs that councilman Jesse Kerley had called and reported stolen

 from him.  Brownstead said he feels vindicated after Kerley wrongly 

accused him of theft. 

Last week, Mr. Brownstead attempted to report the theft of some of his political signs from the where they had been placed in the city and when he reported them to law enforcement he was told the signs had already been reported missing.  Mr. Brownstead said that really confused him since he had no idea who would have reported them stolen but him.

According to the sheriff's department report, the signs were reported stolen by Crossville city councilman Jesse Kerley.  The report said that SO corporal Sean Mullikin was contacted by CPD Sergeant Jonathan O.Neal after he received a call from councilman Kerley claiming the signs were stolen from a shed on Vandever Road, property of Kerley Father Jerry Kerley.  Kerley reported that 3 political signs and 50 posts were missing from the shed and Kerley had emailed a list of suspects to Sgt. O'Neal.  

Mullikin's report continues, "Kerley then stated that he had seen the three signs in town and that they were defaced.  The signs had been painted black and the words "Vote J. J. Brownstead."

The signs were recovered and taken up to the Sheriffs office along with six of the posts holding up the signs."

Political sign showing disclaimer and proof of ownership.

The signs have the disclaimer at the bottom saying "Paid for by Citizens for Sustainable Freedom," a registered political action committee with the local election commission.  The signs were originally used 2 years ago in the council/Mayor's race at the time and opposed to the reelection of council members Danny Wyatt, George Marlow and Mayor J. H. Graham.  According to the group's treasurer Steve Frank, councilmen Kerley and Souza had donated the signs to the organization, but the signs belonged to the PAC and not individual donors.

Frank also said that the signs that his group had given to Mr. Brownstead were never at the Vanderver Road location but instead stored in the garage of councilman Pete Souza who also was a previous donor to the PAC.

Mr. Brownstead said he and Mr. Frank had spoken with DA Bryant Dunaway and after hearing the story advised them no charges would be filed against them and he would let the sheriff's office know they could return the signs to Mr. Brownstead. 

Mr. Brownstead stated that following last night's city council meeting when interim city manager Steve Hill saw him showing one of the returned signs to another person Hill came over and called Brownstead a "sign thief."  Brownstead said he responded to Hill and thanked him for letting Brownstead know that Hill knew about the sign report and Brownstead told Hill that seemed to him that Hill was involved in the political dirty trick involving the signs. 

Brownstead also related a story about trying to talk to Kerley following the September council meeting when the council voted to delay hiring the new city manager until after the election.  Brownstead attempted to thank Kerley for his vote on the matter.  During that conversation, Kerley allegedly threatened Brownstead's signs.

Brownstead described the interaction, "I went to shake his hand as I did all the council members for voting to hold off on the hiring of a new city manager. He looked at me and said he would not shake my hand because I was a friend of J.R. Blankenship and was putting him up to making those signs that he did in his truck. Which I have nothing to do with any of that which I told to Kerley. He called me a liar and said he saw me standing outside talking to Blankenship when he came in. I had not talked to Blankenship at all. I came in with Candidate Terri Manning and we sat in the council chamber discussing our views on the future of our city. When I told Mr. Kerley this he called me a liar again,and I told him whatever, but that myself and Mrs. Manning watched he and his father Jerry Kerley walk into the building from our seats in the chamber. Then Mr. Kerley stated he hoped I got elected because he would make signs about me like Blankenship has done to him. Then proceeded to say that if he saw my signs they would be destroyed. I just left the room."

 

Video of the interaction between councilman Jesse Kerley and candidate 

J. J. Brownstead after the September council meeting he described above.  

Crossville Flashback: Political Ads created council controversy 6 years ago. (Video included)

A discussion of political ads from the current mayor's election in Crossville led to raised voices, angry words and one council member walking out of the meeting.

There was a standing room only crowd for the Crossville city council's regular October meeting and the meeting was streamed live to the internet for those who wanted to watch from their homes. Item 8 on the agenda was billed as “Matters relative to political ads” and was the anticipated item that brought out a larger than usual crowd at the meeting.

When the item came up Councilman and Mayor Pro-Tem Earl Dean made a motion to remove the item from the agenda saying, “I don't believe politics should be on the agenda. When people sign up to run for a political seat they are on their own. When you bring politics to this council, it tears this council apart.”

Councilman Boyd Wyatt commented that he had placed the item on the agenda adding, “It is not meant to be a political debate on the mayor's race or councilman's race.” Wyatt went on to say that he had very strong feelings about what the ads placed by Councilman Jesse Kerley said about city employees and the council.

Dean's motion to remove the item from the agenda received a second by councilman Kerley after he said that none of his ads had statements directed at any city employees or other council members, “except for my challenger in the mayor's race.”

The motion failed with councilmen Dean and Kerley in favor, and Mayor J. H. Graham and councilmen Wyatt and Carl Duer opposed. Following the vote an unhappy councilman Dean excused himself and left the meeting.

Councilman Wyatt apologized to Dean adding, “He feels one way and I feel another.” Wyatt continued on with his agenda item.



Wyatt said that he felt the ad run by Mayoral candidate Jesse Kerley on October 1, 2010 and another date in the Crossville Chronicle “questions the professionalism, honesty, integrity and accuracy of the city employees and council in regard to recording documentation of council minutes. This ad would leave you to believe that there are employees that have not done their job properly and the city manager and council have stood by and let this happen. I want to assure you that this isn't the case and the ads are far from the truth.”

Wyatt said that he asked the city manager to investigate the claims in the ad and report back to the council his findings on this matter. Wyatt then went on to recap the accusations made in the ads and outline the information from the city records gathered by city staff.

Councilman Kerley started to make a response and was ruled out of order by the mayor.

Wyatt either read or requested to have read much of the summary of the data into the minutes of the meeting concerning rental of office space for the city's engineering department, PR work preformed by Don Napier, a proposed gun ordinance to prohibit guns from city buildings and the contract with the firm operating the wastewater treatment plant.

Following Wyatt's presentation, Kerley addressed the meeting, “My opinion is that this is the most unethical and unprofessional action I've witnessed yet on the part of Mayor Graham and Councilman Wyatt. By bringing this political item up you are only working for the benefit of yourselves and retain your status on this council. This meeting is intended to do the people's business in and this is far from the people's business. You have used city resources to respond back to issues in a political race.”

Kerley then went over information he brought with him claiming his data was more accurate than that presented by Wyatt and voices between the two men were occasionally raised. At one point Kerley claimed he had not been contacted about called meetings held when the gun ordinance was on the agenda.

One document Kerley had was described as a letter from former city manager Jack Miller with derogatory statements of about both Graham and Wyatt eliciting a comment from Wyatt how Miller was fired from his job as manager for misappropriation of funds.

Councilman Carl Duer added his thoughts on the issue. “This is what comes about from negative advertising. My wife (the late Representative Shirley Duer) was in the state legislature for 18 years and she never once ran a negative ad against anybody.” Duer added, If you just run on your own merits and what you can do and they can't do and tell the truth You'll do alright.”

Kerley then asked Wyatt and Duer if they were endorsing Graham's candidacy for Mayor and Duer said he had written a letter that voters should have received that day. He said he liked Jesse and didn't say a word in his letter about Jesse, but the job of mayor was a complicated thing and he was supporting Graham.

Wyatt said, “I want everyone to know that I endorse Mayor Graham for reelection. He is the best choice.

At the end of the meeting former city councilman Wendell Kerley who is also Jesse Kerley's grandfather complained about the political aspect of the meeting saying, “You boys have got as low as you can get tonight.”

The third candidate for mayor, Donna McDermott was at the meeting and tried to speak briefly at the end of the meeting asking that the whole matter be dropped.

Part 1

Part 2 

After testimony of councilman Pete Souza and witness, charges against councilman Jesse Kerley dismissed by Judge Larry Warner

While the principals in the case waited all morning, the hearing finally got underway at 1:30 PM in the afternoon. District attorney Philip Hatch prosecuted the case for the state and Kevin Bryant was the attorney defending Jesse Kerley.

Councilman Pete Souza testified he was assaulted by councilman Kerley

Assault charges against Councilman Kerley dismissed after hearing. 

The entire hearing lasted just under 30 minutes and at the end of the hearing, Cumberland County General Sessions Judge Larry Warner ruled that the case fell somewhere between probable case and beyond a reasonable doubt but according to Judge Warner did not rise above the level of beyond a reasonable doubt and he ruled in favor of Attorney Kevin Bryant's motion to dismiss the charges against his client Kerley.

The two lawyers stipulated to the city hall surveillance video and the first testimony was given by Crossville city councilman Pete Souza who was the alleged victim of the assault by Mr. Kerley.  Souza described the incident under questioning of DA Hatch saying that he had come down the stairs into the lobby of city hall and described councilman Jesse Kerley as being in an "aggressive, animated and angry mode."

Souza said that he came down the stairs from the meeting and Kerley was at the bottom of the stairs "pretty stimulated and excited" and wanted Souza to accompany Kerley out side to talk. Souza said as he started through the door Kerley father came right up behind him blocking Souza. According to Souza Kerley's father said something to him and he turned his head and did not see Jesse coming at him and he was struck in the chest very hard by Jesse Kerley.

Souza said he went into a defensive mode and was asked if he was scared by DA Hatch.  Souza answered, "What I saw sir was the same thing I saw many years ago in the line of duty when someone wanted to kill me.  I was afraid."

Souza said he then went back up to the meeting room to report the incident to interim police chief Rod Shoap.  After reporting the incident to Shoap Souza left city hall.

Bryant on cross examination asked Souza about the fact that the police did not take out a warrant shortly after the incident.  The summons for Mr. Kerley was not issued until early August about 2 months after the incident.  Souza testified that police chief Shoap took the information to the district attorney's office before the summons was issued.

The second witness called was Howard Burnette who had left the meeting just before Mr. Souza and he testified he had concerns for his own safety after seeing the two Kerley's in the lobby of city hall.  Burnette said that he was concerned for his safety and instead of going out the door turned toward the water fountain.  Burnette said that he waited until another man came down the stairs and then he felt it was safe for him to go to his car.

Burnette got to his car, got in and prepared to leave the parking lot when he looked up and saw the incident.  His car was parked facing the door at which Mr. Souza and Mr. Kerley came together.  According to Burnette, he saw Kerley go toward Souza and Souza was struck.  Burnette said he could not see how Kerley struck Souza but he could see Souza's reaction to being struck.   Burnette testified he then got out of the car and moved quickly back toward the two men expecting to break up a fight but Mr. Souza turned to go back in the building and Burnette followed.

On cross, Mr. Bryant questioned Mr. Burnette's fear at first then later his movement toward Mr. Kerley and Mr. Souza rather then calling 911.

The next action was for the judge to review the surveillance video from city hall and following that Mr. Bryant made a motion to dismiss saying that the case was based mostly on the video that he described as "clear as mud."  Bryant said there was not proof beyond a reasonable doubt in the case.

DA Hatch argued that the court had heard testimony from the victim as well as a witness and added that the evidence was strong enough for the case to move forward.

Judge Warner said that the case fell squarely between probable cause and beyond a reasonable doubt.  He said that  the evidence need to be beyond a reasonable doubt and he granted Mr. Bryants motion and dismissed the charges against Mr. Kerley.

Pam Harris: "I did not sign up to be an actor in the Barnum and Bailey Circus!"

Councilwoman Pamala Harris, who serves as mayor pro-tem, said she is tired of the continuing controversy in Crossville city council meetings and added that she is “quitting the circus.”

Harris also said she had no comment to make on the incident Friday involving Crossville water resources director Jerry Kerley being on city time while allegedly participating in the theft of signs from a Mockingbird Drive residence that was caught on tape.

Harris said, “When I ran for city council, my intentions were good. I have and continue to want to be a servant to the community. However I did not sign up to be an actor in the Barnum and Bailey Circus. As long as there are circus related items on our agenda going forward, I will not participate in those meetings. Harris added, “You can take that to the bank.”

Mayor pro-tem Pamala Harris

“I'm resigning from the Barnum and Bailey Circus, said Harris. She stressed she was not resigning her position as council member.

When asked about an item proposed for the upcoming council meeting agenda from councilman Pete Souza concerning the fate of interim city manager Steve Hill, Ms. Harris said, “I'm not in favor of firing someone and being judge jury and executioner when things are alleged but have not been proven in any court of law or council meeting.”

Harris did say, “I do believe it is time to move on with city business and I'd like to see us save a little money. I have entertained the thought that we just take an existing city employee and use them in that (city manager) capacity.” She added that she feels a new regular city manager should be in place by January.

DA now investigating Mockingbird Dr. sign theft. Crossville councilman Jesse Kerley listed as suspect in police report.

The police report on the theft of signs incident from the yard of a house on Mockingbird Drive lists two suspects as Jesse Kerley and his father Jerry Kerley. In addition, the license tag number reported by a witness is to a White 2008 Chevy pickup truck that is registered to Jerry Kerley.

The incident happened Friday morning at around 9:00 am and the report was written by city police officer Joel Stevens. The victim is listed on the report as 54 year old J. R. Blankenship and the value of the signs was listed as $500.00.

Still from the witness video showing truck registered 

to Jerry Kerley, father of councilman Jesse Kerley.

According to Crossville police detective J. C. Hancock who initially began working on the investigation, the case has been turned over by the district attorney's office for further investigation.

Crossville councilman Danny Wyatt was asked for comments about the incident and said “I don't know how you comment on something like that.”

Councilman Pete Souza, who had been accused by the Kerleys of having something to do with the signs put up by Blankenship and may have led to the altercation between Souza and councilman Kerley said, “This action goes beyond responsible behavior and the parties involved are out of control.”

Witness video

Original Story at this link

Mockingbird Drive sign theft caught on video, police investigating. Possible continuation of Kerley-Blankenship feud.

Crossville city police are investigating an incident at the Mockingbird Drive house that has been the location of a number of controversial political signs concerning Crossville city councilman Jesse Kerley. Those signs are part of a continuing feud between J. R. Blankenship and Kerley.

The incident occurred at around 9:00 AM Friday morning, September 30 when two men in a white crew cab pickup truck allegedly removed signs from the property, putting them in the back of the truck and then leaving the scene. Those signs have been posted for some time and are critical of councilman Jesse Kerley. A neighbor caught the incident on video and also was able to get the license tag number of the truck.

Video showing the incident at 279 Mockingbird Dr. 

The person in the video bears a strong resemblance councilman Kerley's father Jerry Kerley getting into the driver's side of the truck. The other individual in the video is not clearly identifiable. Jerry Kerley is employed by the city of Crossville as the director of water resources.

Still from the video

Still from the video

The incident between Jerry Kerley, Jesse Kerley and councilman Pete Souza on June 2 that has lead to assault charges filed against Jesse Kerley reportedly included references by Jerry Kerley to Mr. Souza about Souza supposedly making signs for Mr. Blankenship. The next court date for the assault charges are Thursday October 6.  Both Blankenship and Souza have denied Souza had anything to do with the signs and Blankenship says he makes his own signs.  

Blankenship has appealed the fine placed by city judge Ivy Gardner against him for distributing unsigned flyers seeking evidence on city officials of wrongdoing.  Reports that Jesse Kerley sought to have Blankenship arrested for charges including allegations of driving a vehicle without proper registration or insurance have been made as part of the recently filed ethics complaints made by Mr, Souza.  

This is the second time there has been an attack on the signs posted against councilman Kerley at the Mockingbird property. The first time several months ago Mr. Blankenship had placed a game camera that captured still photos of a perpetrator with a sledge hammer damaging the signs. The photos did not clearly show enough to identify the person in the photo.

Previous attack on signs at the Mockingbird house.

Sources say two police reports have been made on the incident to the Crossville police department, one by the neighbor and second one by J. R. Blankenship who put the signs up on the property owned by a family member. The incident is under investigation.

The stolen signs have already been replaced with cardboard versions.   

After the incident, replacement signs of cardboard were posted.

House on Mockingbird Drive.

Crossville Flashback: Political robo Calls did not come from city hall according to 2012 press release.

Crossville flashback: This was the press release put out by the city of Crossville and signed by then city manager Bruce Wyatt following the first batch of robo calls that spoofed the phone number and appeared to have been made from Crossville city hall. The push poll targeted then incumbent city councilman Boyd Wyatt who was running for reelection in the 2012 race.  In the following year after an investigation by the District Attorney's office it was discovered that the calls were ordered and paid for by then candidate Jesse Kerley.  While then DA Randy York said the action violated state law, Mr. Kerley was not prosecuted.

City of Crossville

PRESS RELEASE
August 17, 2012

Recently, a series of politically motivated telephone calls, commonly known as “robo calls” or “push polls”, were made or initiated the evening of August 16th to residents of the City of Crossville. These calls appeared on caller i.d. as being from “City Hall” or 931-484-5113; some calls even stated, “This is City Hall”. Please be assured, these calls were NOT placed from City Hall, nor were they placed by City staff.


The City of Crossville does not and has not endorsed, promoted, or otherwise campaigned for or against any political candidate. We are committed to maintaining a professional approach to the upcoming political season and refuse to inject ourselves into any campaign. We hope there will be no more misuse or misappropriation of the City’s name and telephone numbers.

Bruce Wyatt
City Manager

Another political sign across from city hall

Following the issue of assault charges filed against  Crossville city councilman Jesse Kerley,  this sign has appeared across the street from city hall on property owned by Kerlry's grandfather, former city councilman Wendell Kerley.

The sign lists the vote count of the Property assessor race between incumbent David Simcox and city councilman Pete Souza calling it "the real beat down."

Homemade political signs continue to be an issue in city politics.

(Update as of mid day: The sign has been taken down)

Copy of Jesse Kerley summons released

A copy of the assault summons served on Crossville city councilman Jesse Kerley was released Monday morning.

The complaint is signed by councilman Pete Souza and says following a meeting at city hall he was confronted by Mr. Kerley. "During that time, Mr. Souza got hit in the shoulder and chest. Mr. Kerley did intentionally and knowingly cause Mr. Souza to reasonably fear imminent bodily injury."

The initial court appearance on the charges is set for August 29 at 8:30 AM.

Kerley leaves the Justice Center after accepting the summons on Friday August 5th.

EXCLUSIVE BREAKING NEWS: Councilman Jesse Kerley facing assault charges against Pete Souza

District Attorney Bryant Dunaway looked into an incident that occurred after a Crossville city council meeting on June 2nd between council members Jesse Kerley and Pete Souza and Friday afternoon Kerley came to the sheriff's for booking on a summons accusing him of assault.

After Kerley was served with the summons, he told this reporter he was going to the magistrate to take out a cross warrant on Mr. Souza but he was unable to do so.

The charges are misdemeanor charges and would be initially heard in Cumberland County general sessions court.  A court date of August 29, 2016 at 8:30 AM has been set for an initial appearance.

This reporter spent much of the afternoon attempting to secure a copy of the summons document but was told the sheriff's department couldn't release it and that four fax attempts to the clerk's office failed.  As best we can ascertain, the summons is signed by Mr. Souza, but until we have a copy of the paper work we can not determine the details of the charge.

A copy is supposed to be available next week.

Councilman Jesse Kerley leaves the Cumberland Co. Justice Center 

with a copy of his summons in hand.

Video from Crossville city hall surveillance camera showing the incident 

that took place June 2 after a city council meeting.

Crossville city councilman Jesse Kerley

Crossville city councilman Pete Souza

Following the incident then police chief Rod Shoap received a copy of the video after copies had been given to councilman Kerley and interim city manager Steve Hill.  From the reports given to Shoap following the incident and his review of the video he filed an incident report on the matter.

Excerpt from Chief Shoap's report of the incident reads: “At about 6:50 pm the meeting adjourned and an altercation took place by the exit doors located on the north side of city hall on the 2^nd floor. Councilman Kerley and Councilman Souza are both complainants in the issue and both are requesting reports of the incident.

Jerry Kerley stated to me that as he exited the building, words were spoken between him and Councilman Souza. Councilman Kerley stated that Councilman Souza turned to Jerry Kerley and began raising his voice. At that point Councilman Kerley approached Councilman Souza and the altercation occurred.

Councilman Souza said that he was leaving the building, going through the door as Jerry Kerley said something to him. Councilman Souza turned to hear Jerry Kerley mention the painting of signs at which point he was trying to make a point about the signs when Councilman Kerley interrupted and the altercation took place.

The terms of both councilmen expire this year following the November 8 elections.  So far Mr. Kerley has taken out papers to run but not returned them and Mr. Souza has not picked up papers to run.  Souza lost a race against incumbent property assessor Dave Simcox in the August 4 election.

The deadline to qualify for the council election in November is August 18 at noon.