By James Cook, Times Editor

Being caught by surprise is an understatement for the inmates at the Powell County Detention Center. Last Tuesday evening a surprise shakedown of the facility helped jail staff, local law enforcement and the state’s Department of Corrections to find items they did not expect. Drug testing also provided some disturbing results. The nearly five hour search has led Powell County Jailer Melvin Rogers to follow the state’s recommendation and lockdown the inmates for up to 60 days.
According to a jail supervisor, Tina Haddix, the state went even further. On Monday, the state reportedly moved 15 inmates out of the Powell County facility. Some reportedly went to the Three Forks Correctional Facility in Beattyville. All of them tested positive during the drug test last week. The move could cause a shortfall of near $185,000 in the jail budget.
Rogers, who was appointed as the jailer on April 1 after the retirement of long time jailer Ted Lacy, said he received a tip and initiated the search. He called on local law enforcement and the state to assist with the search and drug testing. In days leading up to the search, at least two inmates were caught with contraband items in the facility. Contraband items are considered to be anything that is either illegal or is not allowed in the jail. In some facilities, if it was not issued by the jail then it is considered contraband.
During the search items like cell phones, cell phone chargers, tobacco, syringes and two finger nail files that could have been used as weapons, known as shanks, were found. Canine units were used to search the outer grounds and jail vehicles for items. However, they did not find any contraband items. The syringes reportedly belonged to an inmate who takes insulin shots, but is not supposed to have the needles in his cell where they were found.
“I figured it was about time for a search and we got some information. So that sort of set it off,” Rogers said. “I called in help from the local law enforcement and the DOC. We didn’t find any drugs, but we found other items.” Rogers did not want to “pin-point” where the information came from for the time being. “I don’t want to do that until we are sure and we don’t want to hinder the investigation,” he said.
As for the drug testing issue, rumors have surfaced over the past few years that like many other jails across the state, drugs were available in the jail. Despite no illegal drugs being found during the search, still several inmates tested positive. The Powell County facility reportedly holds 147 inmates, with near 40 being on the work-release/community service program. The positive results were surprising.
“I’m not sure if the tests were random and I know some refused and I think they may have included those in the positive ranks,” Powell County Judge Executive Darren Farmer told the Times in an interview late last week. “They (DOC) have told me that 54 percent of the state inmates tested positive and 36 percent of those on the secured side also tested positive.”
Farmer was asked how the high number of positive results of state inmates will affect the county.
At a special meeting of the Powell Fiscal Court on Monday, as inmates were being removed by the DOC, Farmer was asked how losing state inmates would affect the county’s budget. “We are on a 60 day lockdown,” Farmer answered. “Fifteen inmates will be moved today . This will adversly affect the jail fund of our budget by reducing revenues between $12,000-$15,000 per month.” That would mean a ,oss of state revenue for holding those inamtes of up to $185,000.
“We are following the recommendations of the DOC and trying to take corrective actions as they suggested to help solve some of these problems,” Farmer reported as he answered questions last week. “I know they (inmates) have been put on a 60 day lockdown. And I believe the DOC will be back periodically to readminister drug testing in those 60 days.”
During the ingterview the day after the shakedown, Farmer was asked if there was a drug testing policy for jail staff as well. “Well, we have a random policy in place, but there really has not been any money to implement it,” Farmer said. “As you know with the budget situations we’ve had, we’ve struggled just to keep the lights on. We will do it when the budget allows for it though.”
Rogers confirmed that the inmates, including work-release inmates, had been “pulled” until further investigation. “We are following the DOC suggestions and they will be locked down, no one leaving the building, until the investigation is completed,” Rogers said.
Last Saturday Rogers called the Times to report that the lockdown was still continuing and that someone had been charged on Thursday for trying to place cigarettes near a back door during visitation. However, a check of the citations Monday afternoon at the Powell Circuit Court Clerk’s Office did not reveal any new arrests. “They may still have the citations at the jail,” clerk staffers told the Times. Rogers called the Times on Monday evening and said that gail Pearson had been charged with trying to bring contraband into the facility. “She left it by the door where the kitchen was, it’s a hallway now to the men’s cells,” Rogers said. Tobacco items are considered contraband at most jail and detention facilities across the state.
“As you know, people just keep trying and it is difficult to keep everything out,” Rogers added. “But we try.”
The state Department of Corrections, as well as county officials, are continuing the investigation.

By James Cook, Times Editor

A day of fishing turned tragic for one Stanton family. Last Sunday evening a man fell into Skyview Lake after a witness stated he was reaching in to pull out a fish he had caught. He never resurfaced, as his wife, two small children, brother and friends looked on.
Kentucky Fish and Wildlife Conservation Officer Chad Rice stated that the man, Marcos Antonio Perez, fell in and may have panicked. “His brother told me that he could swim, but that he had a breathing problem. I took that to possibly be asthma,” Rice said. “If you fall in and panic, get about a pint of water down in those lungs and stay under it does not take long.”
Powell County 911 Emergency Dispatch received the call at approximately 5:16 p.m. and reported that Perez, 22 of Stanton, may have been under water for four minutes as they dispatched units to the area. Emergency personnel from the Stanton and Clay City fire departments, as well as Powell EMS units were sent to the pay lake just off Paint Creek Road. The units arrived within five minutes of receiving the call.
Once it had been determined that he could not be found by those personnel on scene, the mission went from rescue to recovery. Water rescue and search units from Menifee, Estill and Clark County were called in and arrived just after 6:15 p.m. Kentucky State Police, Powell County Sheriff Danny Rogers, CSEPP Director Danny McCormick and Powell Emergency Management Director Arthur Ashley were also on scene to render assistance.
The lake is, according to officials, 22 to 25 feet deep and covers about two acres. The shore line slopes downward at a sharp angle and then falls straight off. At least one witness reportedly tried to jump in to help Perez, but was not able to find him.
Perez body was found at 7:19 p.m. and taken out of the water some six minutes later. He was pronounced dead at the scene by Powell County Coroner Carl Wells.
“I fell little bad about all this, as we all should anytime something like this happens,” Rice said. “I had written him up before for fishing without a license and told him he needed to find a pay lake where a license was not required. I even suggested this lake. You never know, you really never know what can happen. That’s why it is so important to be careful around water.”
The body was sent to Frankfort for an autopsy. Police consider the drowning an accident.

By David J. Griffin, Times Reporter
For one generation, he is the only doctor they can remember in Clay City. For others, he is the one doctor they will never forget.
After practicing in Clay City for the past 25 years, Dr. David Gagnon will last see patients on Sept. 30. When asked why he made the decision to close his office, he replied, “I am quitting because I have been diagnosed with bone marrow cancer. I am on a trial derived from mold out of the Mayo Clinic. So you can say I am old and moldy!”
Dr. Gagnon is originally from Saratoga, New York. He attended the University of Maine where he received his BA degree in Zoology in 1974 and his MD degree from Tufts University School of Medicine in 1981. He recalled, “My parents said being a doctor was all I ever wanted to do.”
Twenty five years ago, the National Health Service assigned Dr. Gagnon the position in Clay City to assist him in paying off his medical debts. He simply never left.
“I am going to miss my patients tremendously. I delivered many of my younger patients. They have come to me and exposed themselves both mentally and physically, and I hope I have allowed them to retain their dignity. I truly appreciate them for letting me into their lives,” he said with a smile.
Six years ago, Dr. Gagnon was first diagnosed with his cancer and was given a prognosis of approximately five years. “The next time I was evaluated they gave me seven years, and the last time ten years.” He is into his sixth year of cancer treatment.
He further explained, “I am in love with my wife, Marcy, and I have a lot to live for.” He paraphrased the Robert Frost poem, “Stopping by Woods on a Snowy Evening,” when he said, “I have many miles to go before I lay my head down.”
Dr. Gagnon married Marcy five years ago. With a huge smile on his face, he explained her immediate impact on his life. “I had never ridden a horse until I met my wife. Now we have five horses. We even explored Ireland for a week on horseback.”
Marcy Gagnon is a physical therapist and works out of Estill County. Before that she was in private practice in Richmond. Because Dr. Gagnon is associated with the Clark Regional Medical Center, they reside in the Boonesboro section of Clark County. He has two daughters: Erin, 23, from Louisville, and Brett, 26, who lives in Washington, D.C. He added, “I also have one step-daughter and two step-grandsons.”
Dr. Gagnon leads a very active lifestyle. He has participated in many marathon races and has even walked the entire Appalachian Trail, which stretches 2,160 miles from Katahdin, Maine, to Springer Mountain in Georgia.

Morgan Katlyn Hughes

Times Photo by James Cook

Morgan Katlyn Hughes, daughter of David and Kathy Hughes was crowned 2009 Miss Powell County Saturday night. She also won awards for Most Phtogenic and was part of a four-way tie in the Talent Competition.

By David J. Griffin, Times Reporter

Roads and water lines comprised most of the agenda last Thursday at the meeting of Stanton City Council. Mayor Dale Allen described the improvements to the council.
Providing an update on the 11,000 foot of water lines along Cow Creek Road, he said: “The water lines are almost complete except for pressure reducing valves which have been ordered and should be received in a few days. After the valves are installed and we conduct two bacterial tests, then the project will be complete.” He added that samples of the water must be sent to laboratories and that the results must show that no bacteria are present in the new water lines.
In other business, Allen opened bids for blacktop to be used to repair damaged areas of the city’s streets. The two bids were awarded to Goodwin and Sons Paving of Clay City at costs of $13,990 and $3,975. Areas to be refurbished include: Breckinridge Street, Railroad Street, Blackburn Street, Church Street, East Riverview, and West Riverview. Work on these projects should begin in approximately one week.
Mayor Allen also announced several appointments that he has made recently. They included: Faye King has agreed to serve another term on the Tourism Board, Tony Morton was re-appointed to the Tourism Board, Tommy Mays will serve on the Park Board, and Patty Howell was appointed to the Planning and Zoning Board.
The topic of the Kentucky State Police Drug Task Force agreement between the city and the KSP was again brought to the attention of the council. A discussion concerning the salary of the city police officer, overtime, travel, and other relevant matters was held. The council decided to table the matter until the next regular meeting, which will be held on Oct. 8 at 6:30 pm. Chief of Police Kevin Neal said he will contact the appropriate officers of the KSP to be present at that meeting to answer questions from the council.
Mrs. Janis Trent appeared again to complain about the dust on Industrial Drive. She said, “Well, what are we going to do with the problem that has been going on for years?” Evidently, the dust is a problem again.
City Attorney Scott Graham replied, “We need to have the Zoning Officer (Ed Hash) issue her (Mrs. Montgomery) another citation for the dust on Industrial Drive.”

By James Cook, Times Editor

Usually a police escort after coming home from an athletic event is fun, but when police are waiting for the bus at the school then there may be a problem. What should have been a slow, uneventful bus ride for the Powell County Cross Country Team last Saturday, turned into a fast, scary, white knuckle experience. That experience was brought on by what police say was a bus driver who was under the influence, possibly from medications.
Police arrested Jesse L. Patrick, Jr., 40 of Stanton, and charged him with driving while under the influence and 15 counts of wanton endangerment. The arrest citation has the word drugs circled in the section that asks if alcohol or drugs were involved. The wanton endangerment counts cover the 14 student-athletes and the coach who were on the bus during the ordeal. According to the police report, Patrick failed the field sobriety tests and admitted to taking a loritab before leaving the school Saturday morning and a xanax the night before.
According to Coach Michael Coleman the situation began on the way to the cross country meet known as the Beast of the East, which was being held in Owsley County. “On the way down, it looked like he dozed off and we hit a guardrail,” Coleman said. “But the guardrail had already been hit and was kind of protruding out toward the road some, so when I asked him if he was OK and he said he was a little tired I thought that was possible because we left early. The ride there was otherwise not so bad. But the ride back was frightening.”
After the meet the trip back to Powell County was a nightmare, as it was described by those on the bus and parents who were following them. “He was all over the road, closing his eyes. I believed he dozed off at least three times,” Coleman said. “I kept trying to talk to him to tell him you don’t do this with kids on the bus and to try to keep him awake. He kept saying he was alright, but he was going too fast and was all over the road. I finally had Donovan call the police, I knew he had some of their numbers in his cell phone.”
Two of the team members, who spoke with the Times with parental approval, also told of the fear everyone on the bus had as the driver just kept going faster. “I know we hit a guardrail on the way down and I know we grazed a sign on the way back,” team member Donovan Nolan said as police were speaking to Patrick at the school.
“As we were coming back on Highway 11 he crossed the line several times and was just picking up speed as he was going downhill,” another team member Austin Monnett added. “We almost hit the guardrail on the other side of the road in a curve.”
A parent who traveled with the team and asked not to be identified said it was scary for everyone. “He was driving so fast and all over the road. We got a parent to pull in front of him to see if that would slow him down, but he just passed them,” the concerned parent said. “You could see the fear on the kids faces. We were all afraid and glad now that no one got hurt.”
Powell Superintendent Evelyn Neely wasted very little time to take action. “He will be suspended pending further investigation, without pay,” Neely said in an interview on Monday after having the weekend to sort through the situation. “Our number one goal is to keep kids safe and if any one, especially those in the system think there is something we need to look at to keep kids safe, then run it up the flag pole and say ‘Ms. Neely, Ms. Neely’ and let’s take care of it.”
This is not the first incident for Patrick on a Powell County School bus this year, who was hired just this past summer and went through the training, drug testing and criminal background checks required before being hired. On the second day of school Patrick’s bus struck a vehicle that was sitting on the side of the road on Virden Ridge. Apparently the car had been left there after possibly breaking down. Patrick reportedly tried to avoid an oncoming car and hit the vehicle, breaking a tail light. A police report was filed, but no drug testing was conducted. Patrick was placed on a different route the next day.
“At the time it was a very minor accident and I call it that because there really is no other word to call it,” Neely said. “Police came out, did a report, Earnie (Smallwood) went out and looked at it and it just did not seem to be the kind of accident where testing was needed.” As for the change of routes, Neely added, “That was something that had been discussed days before and it had nothing to do with this incident. I told Earnie afterward, we had already made the decision, this happens and it looks like we did it for this reason. But it had already been decided.”
As for the drug testing issue, Neely said the system has random testing conducted by a firm from Lexington each month. “There is a KRS (Kentucky Revised Statute) that deals with drug tests and when you do and don’t do them,” Neely said. “But we will be meeting with the drivers this week and our policy will be changing. I don’t want to be in a position like this again.”
According to Smallwood, the accident on Aug. 6 was minor. “I went out there to take a look, the truck was sitting on the side of the road, no one was in it, it was not moving and the rear tire of the bus hit the tail light,” he said, reflecting back on Patrick’s earlier incident. “In hind sight you think maybe if we had done one (drug test) maybe this may not have happened. But given the same circumstances, I don’t think I would have done anything different.”
The school systems policy on post accident drug testing is based on a federal guideline established “a few years ago,” Smallwood told the Times. Based on that guideline, drug testing would be mandatory after an accident if there were a fatality, doily injury to anyone or if there were “disabling damage” to a vehicle involved and it had to be towed away. “We’ve been known to have testing done even if there were no injuries or disabling damage, but if both vehicles were moving, just to be on the safe side,” Smallwood said. “Our biggest concern is the safety of the kids. It is like that in everything we do.”
Smallwood also said that Patrick had attended a training session in June in which all drivers were advised that if they took any types of medication they were to notify him. “If they take any prescription, over the counter medicines, even Benadryl, anything that makes them drowsy or can make them drowsy, they are to tell me. If it is going to affect you driving, don’t drive,” Smallwood said. “He (Patrick) never informed me he was taking any medications.”
As for those on the bus, do not tell them about separation of church and state. “I prayed all the way back,” Colman said. “It was God that got us home.”
Patrick was lodged in the Powell County Detention Center under a $50,000 cash bond.

By James Cook, Times Editor

The smell of the famous hamburgers, the sounds of screaming and laughing children on carnival rides and the smoke from the annual demolition derby fills the air. . . or at least it will. And do not be surprised if you see a few Dr. Seuss characters too, which is this year’s theme is a “Salute to Dr, Seuss.”
It’s that time again, the Powell County Lions Club Agricultural and School Fair kicks off on Saturday, Sept. 12 and runs through Sept. 19. The usual kickoff to the fair will be the Miss Powell County Pageant, which is sponsored by the Stanton Woman’s Club. Eighteen local beauties will vie for the title and see who will wear the crown currently being held by Miss Powell County 2008, Meghan Mays. The pageant will be held on Saturday at the Powell County High School. Admission will be $5 for adults and $3 for students, while children under five are free.
The actual carnival begins on Monday, Sept. 14, when the fairgrounds open at 6 p.m. The judging for fair exhibits will also be held that night beginning at 7 p.m. Meanwhile the Coca-Cola Talent Contest, as well as the Pet Show will start at 7 p.m. Admission is free on opening night. On Tuesday Kiddie Car Races begin at 7 p.m., while the Declamations will be held at the high school this year, also at 7 p.m. The Beef Cattle Show will be held at 6:30 p.m.
The annual Baby Show, a huge crowd pleaser, as well as the Mother-Daughter and Father-Son Look-alike Contest are the big event for Wednesday. On Thursday, the Youth/Open Poultry Show will start at 6:30 p.m. But the big crowd of the evening will show up for the Greasy Pig Contest which begins at 8 p.m.
On Friday the parade takes center stage in the morning, however due to street construction, it will have a shorter route. The parade begins at 10 a.m. from the high school, eastward on College Avenue and then will turn left onto Washington Street across from Kroger, where it will finish at the Powell County Courthouse. Former Powell County Sheriff (1966-1970) Ernest Crabtree and his wife, a retired teacher from Bowen Elementary, Betty Crabtree, will be the Grand Marshals. Later that evening the Youth/Open Goat Show will be held at 4 p.m. The Truck Tug Contest is scheduled to begin at 7 p.m.
The fair winds down on Saturday, Sept. 19 with two big events. The first will be just that for the Powell County crowd. A Lawnmower Derby will precede the main event of the night and possibly the fair itself, the Demolition Derby. All the fun begins at 6 p.m. with the lawnmowers and the cars start the carnage at 7 p.m.
As for the Miss Powell County Pageant, the contestants are:
• Sarah Caudill, Daughter of Terry & Rhonda Caudill, Sponsored by Kinco Welding
• Corri Collins, daughter of Steve & Missy Collins, sponsored by Beechfork Golf Club
• Sarah Crabtree, daughter of Sonya and the late Timothy Crabtree, sponsored by Dennis and Daughters Monument Company and Farm Bureau.
• Tabitha Curtis, daughter of Chad Curtis and Shannon Curtis, sponsored by Wells Funeral Home and Chad & Shannon Curtis
• Kelly Gibson
• Ashley Halsey, daughter, of Jeanette Howard, sponsored by A & W Mechanical
• Morgan Hughes, daughter of David & Kathy Hughes, sponsored by Rogers Hardware and Tanner Dodge.
• Ashley Lane, daughter of Jeffrey & Angela Lane, sponsored by Bruen’s Restaurant
• Kristen Lee, daughter of Waltes & Melinda Lee, sponsored by Parkway Florist.
• Roseanna McCoy, daughter of Mary and the late David McCoy, sponsored by Meadows Golf Course and Neal’s Pay Lake.
• Heather Noble, daughter of Sheila Pergram and Greg Noble, sponsored by Stanton Dairy Queen.
• Allison Otis, daughter of Bentley Otis, sponsored by Crowe’s Custom Creations.
• Adrian Pennington, daughter of Darren & Beth Pennington, sponsored by Hearne Funeral Home
• Kayla Rose, daughter of Michael & Donna Rose, sponsored by Joey’s Muffler Shop and Michael & Donna Rose.
• Kathy Shoemaker, daughter of Thomas & Darlene Shoemaker, sponsored by Li’L Abners Motel and CRS Auto Sales.
• Kayla Sparks, daughter of James Sparks & Deborah Sparks, sponsored by Daniel Boone Trading Post
• Sabrena Stamper, daughter of Michael Stamper & Cathy Stamper, sponsored by Tanner Dodge and Mama Crowe’s Pizza
• Danielle Trent, daughter of Lisa and the late Larry Trent, sponsored by WSKV.

By Rhonda Smyth, CV&T News Editor

It has been an eventful holiday weekend for one local family. It began with an alleged hit and run accident at Clay City Elementary and ended with both husband and wife being arrested. The surprising part of the story is that the husband is a Powell County Magistrate.
Magistrate Bobby D. Ginter was arrested Saturday evening at his residence after a warrant had been issued for him. According to police citations recording the arrest, a warrant had been issued for Ginter on the charge of indecent exposure. According to one source, Ginter, 67, is accused of relieving himself in front of five children. He was arrested by Kentucky State Police Trooper Charlie Bolin on the warrant and lodged in the Powell County Detention Center.
Ginter’s wife, Doris Ginter, 58, has made two trips to the detention center since last Thursday. According to Clay City Police Chief Shannon Taylor, dispatch received a call around 5 p.m. last Thursday claiming that a vehicle driven by Doris Ginter had run over some traffic safety cones and backed into a truck owned by Clay City Elementary Principal Susan Miller. The caller told police that she had notified Ginter she was calling police, but Ginter left the scene. Her car was later found at her residence on Hardwick’s Creek. Chief Taylor began working on a warrant for the hit and run accident that evening.
Before it could be completed and served, Ginter was arrested around 9 p.m. by Powell County Deputy Grant Faulkner for possible DUI. She was released on bond and back home by Friday evening.
On Saturday, another warrant was issued for Doris Ginter for third degree terroristic threatening. This arrest was allegedly related to the arrest of her husband. According to records, a property dispute of some sort became heated and Bobby Ginter allegedly urinated in front of his neighbor and her five children. Doris Ginter then allegedly threatened to harm the neighbor by “beating her brains out.”
“He exposed himself to five children and five adults,” neighbor Tammy Hall told the Times. “We bought this property off of them back in December and they have never acted like this. But they were trying to dig up our water line. They told us when we bought the property we could run our water line through their property. She (Doris Ginter) was trying to dig it up with a grubbing hoe and threatened to hit me with it. The he exposed himself. My grandchildren should not have to be exposed to this kind of stuff.”
Hall stated that her family was attempting to put up a fence between the two properties Saturday when the dispute began. But Hall also is upset of the police reaction. “We called and they were sending an officer. But them we had to wait two hours for a state police officer from Wolfe County to come,” Hall reported. “I’ve been told that the officer that was coming was called off because he (Ginter) is a magistrate. He himself has told me that they (police) won’t arrest him because he was a magistrate. That’s not right. There were children here and a weapon (the hoe). We elect people to do their job and it should not matter if he was a magistrate or not. No one is above the law.”
According to Powell County Sheriff Danny Rogers the wait was due to the deputy on duty being called to other incidents. “Grant (Faulkner) was on duty and he was called out to a DVO situation, then to an accident he had to work,” Rogers recalled. “I believe when this call first came in it was called out as having to do with someone trying to cut a water line, if I remember correctly. There was no mention of someone threatening to kill someone. I’ll check the log again, but the wait she may be referring to would have been because the deputy was busy.”
Bobby Ginter was released on Sunday, while his wife Doris, was released on Monday morning. Their court appearance is scheduled for Sept. 22.