Local contractor accused of burying trash at illegal dumpsites

Nearly everyone has heard the old expression sweeping something under the rug, but a Whitley County Grand Jury has alleged that a local contractor literally tried to do something similar when he was hired by the county to clean up some illegal dumps.

Monday morning, the grand jury indicted Keith Sears of Gray for nine counts of disposal at other than permitted site or facility and for nine counts of criminal mischief.

Commonwealth’s Attorney Allen Trimble said that Sears was the low bidder to clean up nine of Whitley County’s illegal open dumps. The bid specifications called for Sears to haul away the garbage and dispose of it at a certified landfill.

Trimble said that Sears hauled one or two loads of trash away, but buried the rest of the trash at the illegal dump sites.
He said that Sears apparently cut a gas line one time when he was burying the trash, which is one of thing to prompted officials to closely examine the sites.

"They went out with their shovels and found out that he had buried the garbage," Trimble said. "The specs for the job are very, very clear. You can’t bury it."

If Sears is convicted, Trimble said prosecutors will seek restitution to cover the clean-up costs.

"He actually caused damage to the area. It is going to cost the county way more than the contract price to dig it out and take it off now," Trimble said. "It is now a much more expensive undertaking because it is all buried."

The county hadn’t paid Sears for the work prior to the problems being discovered, Trimble said.

On April 29, I.K. Sears Excavating, Sears’ company, filed suit against the fiscal court in an effort to get paid for cleaning up the illegal dumps.

The lawsuit maintains that on March 8, 2010, the company was contracted to perform certain work, but that the fiscal court failed or refused to pay under the terms of the contract. The lawsuit seeks $21,555 plus interest and attorney fees.

"The plaintiff has made several attempts to make contact with and/or resolve this issue with the defendant but those attempts have been to no avail," London attorney Stephen M. Jones wrote in the lawsuit.

Sears wasn’t in court Monday, and nothing has been filed in the civil case since the initial lawsuit was filed.

The grand jury handed down several other indictments Monday, including one indictment against three people, who had recently visited a Florida pain clinic, prosecutors said.

The grand jury charged Presley Martinez, 24, Denny Adkins, 30, of Ocala, Florida, and Denny Adkins Sr., 53, of Branchland, West Virginia, with first-degree and third-degree trafficking in a controlled substance.

On May 4, police seized 90 Oxycontin pills, 80 methadone pills, 90 Xanax pills, and 60 Alprazolam pills, according to their indictment.

Trimble said that he has instructed both Kentucky State Police and local law enforcement agencies to pursue drug trafficking charges against people stopped along I-75, who have visited Florida pain clinics and appear intoxicated.

"I have instructed them to charge everyone in the vehicle with first-degree trafficking," Trimble said.

Trimble said he believes that anyone claiming to have back pain that drives 14 hours one-way to Florida to visit a pain clinic, doesn’t really have back trouble and is making a poor effort to disguise drug trafficking.

"I’ve had back trouble and I know what riding in a car is like," Trimble added.

A few weeks ago police raided one Florida pain clinic and seized $5.5 million in cash, Trimble said.

"All of it is fueling criminal activity and addictive activity in this part of Kentucky," he said.

According to its monthly report, the grand jury handed down 19 other indictments, including:

¥ Jack McCullah Jr., 47, of Williamsburg – third-offense operating a motor vehicle while under the influence of alcohol.

¥ James Paul Carroll, 41, of Williamsburg – third-degree burglary and theft by unlawful taking under $500.

¥ Robert Anderson, 26, and Chris Anderson, 23, both of Williamsburg – third-degree burglary and theft by unlawful taking over $500 but less than $10,000. Chris Anderson was also charged with being a second-degree persistent felony offender and for fourth-degree assault.

¥ Apren Poore, 24 – first-degree promoting contraband.

¥ Amber Johnson, 24, of Williamsburg – first-degree promoting contraband.

¥ Robbie Morris, 31, of Winchester – first-degree promoting contraband.

¥ Roy Risner, 37, of Salyersville – first-degree promoting contraband.

¥ Melissa Maiden, 27, of Keavy – first-degree promoting contraband.

¥ Wayne Lawson of Siler – five counts of theft by deception.

¥ Daniel Myers, 36, of Duff, Tenn. – first-degree burglary, theft by unlawful taking-firearms, theft by unlawful taking over $500 but less than $10,000.

¥ John Richard Dilley, 45, of Morriston, Florida – trafficking in marijuana over eight ounces and possession of drug paraphernalia.

¥ Paul Jody Jr., 42, of Williamsburg – cultivating marijuana over five plants.

¥ Corey Arnold Burk, 34 – failure to comply with sex offender registration.

¥ Wade Finley Rains, 38, of Williamsburg – three counts of first-degree wanton endangerment.

¥ Joseph Z. Marcum, 31, of Mt. Vernon – 10 counts of theft by unlawful taking, and second-degree persistent felony offender.

¥ Ancil Lambdin, 66, of Corbin and Dewayne "Doc" Mitchell, 36, of Williamsburg – second-degree burglary, theft by unlawful taking over $500 but less than $10,000, theft of an automobile, two counts of third-degree burglary, and receiving stolen property.

¥ Michelle R. French, 37, of Gray – program assistance fraud.

¥ J.C. Myers, 75, of Corbin – possession of a handgun by a convicted felon.

¥ Amy M. Epley, 32, of Barbourville – program assistance fraud.