Chief Magistrate Russell Says Ables Should Have Waited To Sign Warrant For Teen Beer Bust

Tuesday, May 21, 2013

Officials in the Sheriff's Department said a warrant was not obtained early Saturday morning to go inside a house where over 20 allegedly beer-drinking teens were partying because a magistrate said he was about to get off duty and wouldn't wait over.

Sgt. Robert Starnes said he was standing by a deputy who called Magistrate Larry Ables at 4:30 a.m. seeking the warrant after Charles and Jo Deeann Crumley would not allow access to their Apison Pike home.

He said Magistrate Ables said he was getting off at 5 and would be leaving then.

When there was a dispute about the time of the calls, Sgt. Starnes pulled the records and said the first call to the magistrate was at 4:20. He said they called back at 4:30 "asking him to stay, but he said he was going home."

The officers never went inside the house, though a deputy said he saw through an open door to the basement numerous teens and ample beer. Three youths outside were cited to court for underage drinking. The Crumleys were charged with contributing to the delinquency of a minor.

Chief Magistrate Randy Russell said Magistrate Ables was not obligated by his county contract to stay past 5 a.m., but he said it was "highly unprofessional for him not to have waited to sign the warrant."

He said it was the first time he could remember that an officer requested a warrant and was not able to get one.

He stated, "Our responsibility as magistrates is to be available to fulfill our duties when required. Mr. Ables should have stayed over."

Magistrate Ables said the call from the deputy came at 4:35 or 4:40 a.m. He said he advised that he got off at 5. He said he did not leave until 5:05 and no one had shown up by then seeking the warrant.

Noting that the next magistrate was not due to come in until 8 a.m., he said when he was chief magistrate there was continuous coverage on the weekends. "But I'm not in charge anymore," he said.

He said he understood the officers had not started filling out the warrant, and he said the whole process would have taken an hour.

The County Commission earlier elevated Mr. Russell and moved Mr. Ables back to a regular magistrate with a drop in pay.

Chief Magistrate Russell said there are not enough magistrates to provide coverage around the clock seven days a week.

He said it is very rare to get a warrant request between 5-8 a.m. 

 

    

 

  


Latest Hamilton County Jail Booking Report

Here is the latest jail booking report from Hamilton County: AARON, DARREL DEON 211 APPLING STREET CHATTANOOGA, 37406 35 Chattanooga LICENSE, EXPIRED DRIVER LICENSE DRIVING LEFT OF CENTER LINE FINANCIAL RESPONSIBILITY POSSESSION OF CONTROLLED SUBSTANCE ATKINSON, JAMAAL NATHANIEL 737 TALLEY RD CHATTANOOGA, 37411 23 Chattanooga DOMESTIC ASSAULT ... (click for more)

Red Bank Citizens Urged To Attend Meeting On Flood Risk Maps

A public meeting will be held on Monday, April 13, from 4-7 p.m. with the Federal Emergency Management Agency (FEMA) at the DRC building, 1250 Market St. “I can’t convey how important it is for the residents of Red Bank to go,” said City Manager Randall Smith. This will be an opportunity for residents and property owners to review the new preliminary flood risk maps, as well as ... (click for more)

Tennessee Deserves Better Health Reform - And Response

Tennessee needs health care reform. Expanding Medicaid under the Affordable Care Act, or "Obamacare," was not the best solution for Tennesseans. That is why the vast majority of Tennessee legislators never publicly supported the plan defeated in a special legislative session in February.   It is important to distinguish health care from health insurance. As one physician ... (click for more)

Roy Exum: Happy Birthday, Mr. Berg

This past Monday we should have closed the Post Office, let kids out of school, and lowered our flags to half-mast. March 2 is the anniversary of Moe Berg’s birthday and the legendary Casey Stengel once said Moe was “the strangest man ever to play baseball.” Moe played major league baseball for 16 years, finishing with the Boston Red Sox in 1939 and a lifetime batting average of ... (click for more)

Double Overtime Thriller: Central Boys Going To State

For all the folks who came to Chattanooga State Tuesday night for the Class AA sectional battle between Livingston Academy and Region 3-AA champ Central, they got their money's worth and more. And they even got some free basketball to boot. Needing a couple of overtimes, the Purple Pounders will be heading to Murfreesboro and MTSU's Murphy Center next week for the TSSAA State ... (click for more)

Blackman Blazes A Trail To State By Bashing Bradley, 55-35

(Story will be updated) MUFREESBORO, Tenn. – The Class AAA state champions are still alive and well. Blackman raced past outmanned Bradley Central, 55-35, Tuesday night in a Class AAA sectional victory that blazed a path right to the boys state tournament at nearby Middle Tennessee State University starting on March 11. The Blaze (24-5) will be making their fourth ... (click for more)