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By JUDAH TAYLOR The News-Enterprise Radcliff’s Colvin Community Center already has received a makeover this year and now it’s getting a whole new room aimed at youths. Armed with an air hockey table, an Xbox One, a Nintendo Wii and three flat-screen TVs, the city hopes to open a youth recreation room on the second floor sometime next month — but help is needed. There wasn’t enough money in the city’s budget to finance the room, which has been a desire of Mayor Mike Weaver’s since he took office in January. But through donations from community members, clubs and councilmem- bers, it’s beginning to take off, though more game tables and supplies are needed, according to Parks and Recreation Director Lori Jury. “We’re excited,” Jury said. “And the kids are excited, too. They ask about it every day.” Jury said the biggest needs are monetary. The staff needs funding so the room and related youth programs can continue to operate and expand as needs arise. Weaver said he will open an account soon where money can be donated. Alisha Tucker, who now works as a youth programs coordinator at Colvin, said the room needs gaming chairs to sit in when playing fam- ily friendly games and DVDs for movie nights and soon will have other needs. “We’re just trying to plan this right now,” she said. Weaver has talked about finding a place for kids when the weather is poor or cold since taking office, especially children who can’t afford other activities. But it wasn’t until recently when the community wrote checks the city could not that his idea began to take shape. Children “need a place ... where they can go and not get into trou- ble,” Weaver said. For more informa- tion, call 270-351-4079 or email radparksrec@ radcliff.org. Judah Taylor can be reached at 270-505-1762 or jtaylor@ thenewsenterprise.com. THE NEWS-ENTERPRISE NEWS FRIDA Y, JUNE 26, 2015 A5 #21608 Experience this Revolutionary New W ay to Shop forYour NextVehicle! 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The assessment is a requirement for entry into most Kentucky colleges and universities. Exam scores from this spring in Hardin County Schools, Elizabethtown Independent Schools and LaRue County Schools in- dicate local students scored higher than their peers across the state in all four areas and the composite. These 1,066 HCS students, 186 EIS stu- dents and 155 LCS students will start the school year as seniors in August. State averages show ju- niors mostly are scoring 19.0 in English, 19.8 in reading, 18.8 in mathematics and 19.3 in science. The state average composite is 19.4. At EIS, juniors averaged 21.4 in English, 21.8 in read- ing, 20.7 in mathematics and 21.0 in science. The district’s composite score was 21.4. Elizabethtown High School principal Steve Smallwood said the composite score has been 21.4 for three out of the past four years. “We’re extremely excited about our scores,” Smallwood said. “We want to continue to move our kids forward and we’re looking to improve that score and eventually break that 22 mark.” The HCS district average for English is 19.4, 20.2 in reading, 19.1 in mathematics and 19.4 in science. The dis- trict average composite is 19.7. “We are extremely proud of our students and staff,” said HCS Superintendent Nannette Johnston in a news release. “The data indicates that we are above the state average in all areas. Our instructional strategies are working. Our teachers give their very best each day to ensure our students are grasping the content. Our entire HCS team has contrib- uted to student growth.” The district’s overall scores in English and reading hit their highest marks in the last five years, according the release. LCS juniors averaged 20.7 in English, 21.3 in reading, 20.5 in mathematics and 20.8 in science. The district’s aver- age composite score is 20.9. “I’m very proud of our students and faculty,” said LaRue County High School Principal Kyle Goodlett. “Our faculty has invested hours and hours and hours in doing what it takes to put our students in the best position to achieve that high level.” Kentucky juniors take the exam on the first Tuesday in March each year. Anna Taylor can be reached at 270-505-1747 or ataylor@ thenewsenterprise.com. Radcliff needs donations to open youth room State panel seeks public input on Davis statue BRUCE SCHREINER Associated Press FRANKFORT Debate on the fate of the Jefferson Davis statue could heat up this summer, when a state panel takes comments on whether the tribute to the Confederate leader should be exiled from the state Capitol ro- tunda. The state Historic Properties Advisory Commission agreed Thursday to seek written input from the public as well as art and history ex- perts until July 29, leading up to another meeting scheduled for Aug. 5. Commission chairman Steve Collins said the panel wouldn’t be pulled into making a “knee-jerk reaction.” “Public sentiment does weigh heavily in making those decisions, but there are lots of other criteria that we would examine as well,” Collins told reporters after the commission met. Collins didn’t commit to a decision on the statue’s fate at the next meeting, but sounded open to a vote if the group reaches agree- ment. Gov. Steve Beshear asked the commission, which by law determines what is displayed in the ro- tunda, to review the statues in the place that routinely hosts statehouse rallies. Several state leaders have endorsed moving the Davis statue, a decades-old fixture in the rotunda, in response to a shooting rampage that killed nine black people in a South Carolina church last week. The FBI is investigating a possible link between the suspect in the killings, 21-year-old Dylann Storm Roof, and a rambling, online manifesto that pro- fesses allegiance to white supremacy and displays the Confederate battle flag. The Davis statue looms in a corner of the rotunda, a plaque at the base pro- claiming: “Patriot, hero, statesman.” A statue of Abraham Lincoln towers at the center of the rotun- da. Kentucky never official- ly joined the Confederacy but did host a shadow Confederate government and supplied many soldiers for the South during the Civil War. ED REINKE/Associated Press Tourists pose for pictures Aug. 5, 2008, in front of the Jefferson Davis statue in the Capitol Rotunda as a statue of Abraham Lincoln towers in the foreground in Frankfort.

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Page 1: NEWS A5 Area juniors test above state average on ACT2015yv Ceh CAPTIVA LT #21648 2012 Degdo CHALLENGER sen o Jb rHe * PRICE:$21,500 ... CREW CAB 4WD 4WD 4DR LTZ 3.6L 6L V6 FWD

By JUDAH TAYLORThe News-Enterprise

Radcliff’s Colvin Community Center already has received a makeover this year and now it’s getting a whole new room aimed at youths.

Armed with an air hockey table, an Xbox One, a Nintendo Wii and three flat-screen TVs, the city hopes to open a youth recreation room on the second floor sometime next

month — but help is needed.

There wasn’t enough money in the city’s budget to finance the room, which has been a desire of Mayor Mike Weaver’s since he took office in January. But through donations from community members, clubs and councilmem-bers, it’s beginning to take off, though more game tables and supplies are needed, according to Parks and Recreation

Director Lori Jury.“We’re excited,” Jury

said. “And the kids are excited, too. They ask about it every day.”

Jury said the biggest needs are monetary. The staff needs funding so the room and related youth programs can continue to operate and expand as needs arise. Weaver said he will open an account soon where money can be donated.

Alisha Tucker, who

now works as a youth programs coordinator at Colvin, said the room needs gaming chairs to sit in when playing fam-ily friendly games and DVDs for movie nights and soon will have other needs.

“We’re just trying to plan this right now,” she said.

Weaver has talked about finding a place for kids when the weather is poor or cold since taking office, especially children

who can’t afford other activities. But it wasn’t until recently when the community wrote checks the city could not that his idea began to take shape.

Children “need a place ... where they can go and not get into trou-ble,” Weaver said.

For more informa-tion, call 270-351-4079 or email [email protected] Taylor can be reached at 270-505-1762 or [email protected].

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Area juniors test above state average on ACTBy ANNA TAYLOR

The News-Enterprise

College-entry exam scores for high school juniors indi-cate local students are scoring above average.

Each year, Kentucky’s public school high school juniors are assessed with the American College Test. The ACT includes four content areas: English, reading, sci-ence and math. Each content area is scored on a scale of 1 to 36, with 36 being the most distinguished.

A single average compos-ite score of the four content areas is given each time the ACT is taken for every

person who takes it. The assessment is a requirement for entry into most Kentucky colleges and universities.

Exam scores from this spring in Hardin County Schools, Elizabethtown Independent Schools and LaRue County Schools in-dicate local students scored higher than their peers across the state in all four areas and the composite. These 1,066 HCS students, 186 EIS stu-dents and 155 LCS students will start the school year as seniors in August.

State averages show ju-niors mostly are scoring 19.0 in English, 19.8 in reading, 18.8 in mathematics and 19.3

in science. The state average composite is 19.4.

At EIS, juniors averaged 21.4 in English, 21.8 in read-ing, 20.7 in mathematics and 21.0 in science. The district’s composite score was 21.4.

Elizabethtown High School principal Steve Smallwood said the composite score has been 21.4 for three out of the past four years.

“We’re extremely excited about our scores,” Smallwood said. “We want to continue to move our kids forward and we’re looking to improve that score and eventually break that 22 mark.”

The HCS district average for English is 19.4, 20.2 in

reading, 19.1 in mathematics and 19.4 in science. The dis-trict average composite is 19.7.

“We are extremely proud of our students and staff,” said HCS Superintendent Nannette Johnston in a news release. “The data indicates that we are above the state average in all areas. Our instructional strategies are working. Our teachers give their very best each day to ensure our students are grasping the content. Our entire HCS team has contrib-uted to student growth.”

The district’s overall scores in English and reading hit their highest marks in the last five years, according the

release.LCS juniors averaged 20.7

in English, 21.3 in reading, 20.5 in mathematics and 20.8 in science. The district’s aver-age composite score is 20.9.

“I’m very proud of our students and faculty,” said LaRue County High School Principal Kyle Goodlett. “Our faculty has invested hours and hours and hours in doing what it takes to put our students in the best position to achieve that high level.”

Kentucky juniors take the exam on the first Tuesday in March each year.

Anna Taylor can be reached at 270-505-1747 or ataylor@

thenewsenterprise.com.

Radcliff needs donations to open youth room

State panel seeks public input

on Davis statueBRUCE SCHREINER

Associated Press

FRANKFORT — Debate on the fate of the Jefferson Davis statue could heat up this summer, when a state panel takes comments on whether the tribute to the Confederate leader should be exiled from the state Capitol ro-tunda.

The state Historic Pro perties Advisory Commission agreed Thursday to seek written input from the public as well as art and history ex-perts until July 29, leading up to another meeting scheduled for Aug. 5.

Commission chairman Steve Collins said the panel wouldn’t be pulled into making a “knee-jerk reaction.”

“Public sentiment does weigh heavily in making those decisions, but there are lots of other criteria that we would examine as well,” Collins told reporters after the commission met.

Collins didn’t commit to a decision on the statue’s fate at the next meeting, but sounded open to a vote if the group reaches agree-ment. Gov. Steve Beshear asked the commission, which by law determines what is displayed in the ro-tunda, to review the statues in the place that routinely hosts statehouse rallies.

Several state leaders have endorsed moving the Davis statue, a decades-old fixture in the rotunda, in response to a shooting rampage that killed nine black people in a South Carolina church last week.

The FBI is investigating a possible link between the suspect in the killings, 21-year-old Dylann Storm Roof, and a rambling, online manifesto that pro-fesses allegiance to white supremacy and displays the Confederate battle flag.

The Davis statue looms in a corner of the rotunda, a plaque at the base pro-claiming: “Patriot, hero, statesman.” A statue of Abraham Lincoln towers at the center of the rotun-da. Kentucky never official-ly joined the Confederacy but did host a shadow Confederate government and supplied many soldiers for the South during the Civil War.

ED REINKE/Associated Press

Tourists pose for pictures Aug. 5, 2008, in front of the Jefferson Davis statue in the Capitol Rotunda as a statue of Abraham Lincoln towers in the foreground in Frankfort.

Page 2: NEWS A5 Area juniors test above state average on ACT2015yv Ceh CAPTIVA LT #21648 2012 Degdo CHALLENGER sen o Jb rHe * PRICE:$21,500 ... CREW CAB 4WD 4WD 4DR LTZ 3.6L 6L V6 FWD

By CLAIRE GALOFARO and ADAM BEAM

Associated Press

MOREHEAD — A same-sex couple marched into the county clerk’s office Thursday, carrying a federal judge’s order that said the clerk can’t deny them a marriage license based on her deeply held Christian beliefs.

Still, Rowan County Clerk Kim Davis’ of-fice turned them away.

Davis was among a handful of clerks across the country to cite deeply held religious beliefs in denying marriage licenses to same-sex couples after the Supreme Court le-galized same-sex mar-riage in June. She was the first to be sued and her attorneys vowed to keep fighting in a case legal experts have likened the resistance some local officials put up five decades ago when the Supreme Court legalized interra-cial marriage.

“We’re going to keep coming back,” said Karen Roberts, shaking after she was denied a license to marry April Miller, her partner of 11 years. “We’re going to fight this to the very end.”

Three other cou-ples streamed into the clerk’s office in this eastern Kentucky col-lege town throughout the morning, and all were denied.

Staff in Davis’ office said she was on vaca-tion. Though she has six employees autho-rized to issue licenses, deputy clerk Nathan Davis said the office was advised by its attor-neys with the Christian law firm Liberty Counsel to continue re-fusing same-sex couples until the judge’s deci-sion is appealed.

The staff handed one couple a Post-it note with Liberty Counsel’s toll-free phone number.

“Kim Davis is just an example of what’s going to be happening not only to other clerks but to other people who are going to be confronted with this issue and we think that this is a serious matter that needs to be decid-ed by a higher court, even the Supreme Court,” said Liberty Counsel founder Mathew Staver.

Clerks and judges in pockets across the South halted issuing licenses in the days after the Supreme Court’s decision. Some resigned rather than acknowledge a same-sex marriage. Others relented under the threat of legal action and began handing them out. It’s not clear exactly how many clerks nationwide still are refusing to issue li-censes, but at least one other county clerk in Kentucky has pledged he would not.

Democratic Gov. Steve Beshear has told defiant clerks, who are elected, to issue licens-es or resign.

U.S. District Judge David L. Bunning said in his ruling Wednesday that Davis has likely violated the U.S. Constitution’s protection against the establishment of a religion by “openly adopting a policy that promotes her own reli-gious convictions at the expenses of others.”

“Davis remains free to practice her Apostolic Christian be-liefs. She may continue to attend church twice a week, participate in Bible study and minis-ter to female inmates at the Rowan County Jail. She is even free to believe that marriage

is a union between one man and one woman, as many Americans do,” Bunning wrote. “However, her reli-gious convictions can-not excuse her from performing the duties that she took an oath to perform as Rowan County Clerk.”

Davis’ attorneys have asked the judge for a stay, and Bunning has not yet ruled.

In the meantime, Laura Landenwich, an attorney for the couples, said they are considering asking the judge to hold Davis in contempt, which could carry a hefty fine or the threat of jail time.

Davis, elected last November as a Democrat, took over the office from her mother, Jean Bailey, who served as county clerk for 37 years, ac-cording to the Morehead News. Davis worked under her mother as a deputy clerk for 26 years. Nathan Davis declined to say if he is related to Kim Davis.

The battle has ex-posed the deep rift that remains in this county of 23,000 people, con-sidered to be among the most progressive in Appalachian Kentucky.

James Yates and William Smith Jr., a couple for nearly a decade, said there was

a difference between the clerk’s actions and their experience in More head. They held hands as they walked into the clerk’s office, and same-sex rights activists, who have lined the street with rainbow signs and flags every day for more than a month, shouted “Good luck!”

Still, some of the couples struggled to reconcile their support in the community and the rejection at the county clerk’s office.

David Ermold broke down in the county’s judge-executive’s of-fice, after he was de-nied a license to marry David Moore, his part-ner of 17 years. He felt angry and humiliated.

“I will say that peo-ple are cruel, they are cruel, these people are cruel,” Ermold said, tears welling in his eyes. “This is how gay people are treated in this country. This is what it’s like. This is how it feels.”

The county judge executive’s secretary, Lois L. Hawkins, start-ed to cry with him. She declined to comment, except to say it broke her heart and there was nothing she could do to help them.

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Clerk refuses to issue marriage license despite orderKaren Roberts, center, and her partner April Miller speak with Rowan County Deputy Clerk Kim Russell Thursday in an attempt to obtain a marriage license at the Rowan County courthouse in Morehead. The clerk's office rejected the couples' bid for licenses just hours after U.S. District Judge David L. Bunning ordered County Clerk Kim Davis to comply with the Supreme Court's ruling.

TIMOTHY D. EASLEY/AP Photo

Page 3: NEWS A5 Area juniors test above state average on ACT2015yv Ceh CAPTIVA LT #21648 2012 Degdo CHALLENGER sen o Jb rHe * PRICE:$21,500 ... CREW CAB 4WD 4WD 4DR LTZ 3.6L 6L V6 FWD

The News-Enterprise

A North Hardin High School graduate has been named Hardin County Schools’ new associate superintendent of finance and support services.

John Stith is the direc-tor of finance at Barren County Schools. He will transition into the job in mid-October, accord-ing to an HCS news release, replacing Gary Milby, who announced his pending retirement in July. The two will be working together as the transition occurs.

“I’m excited about this opportunity,” Stith said in the release. “I’m a proud graduate of the Hardin County Schools and I cannot wait to get back home. The district has so many wonderful opportunities for stu-dents, staff, parents and the community.”

Stith is a 1992 North Hardin graduate. His career began as a chem-istry teacher at Nelson County High School. He since has served as assis-tant principal at Barren County High School, principal at LaRue County High School and principal at Hiseville Elementary School in Barren County. He has been Barren County Schools’ director of fi-nance since 2009.

“We are happy that John will be a part of

our team,” superinten-dent Nannette Johnston said in the release. “He brings a lot of experience with him. He has man-aged bud-gets at the classroom, high school, elementary school and district levels. He is familiar with the school construction and renovation process and has managed various staffs. He will be a tre-mendous addition to our HCS family.”

Stith credits HCS for playing a big role in shaping his life.

“I look forward to helping our district find ways to grow stu-dent success,” he said. “Everything we do must have a student focus. Our department is a large part of that. We already have a wonderful team in place in finance, build-ings and grounds, student transportation, child nutrition and in our print shop. I’m eager to get to know everyone and be-gin this journey.”

Bookings at the Hardin County Detention Center from 5

p.m. Wednesday through 5 p.m. Thursday.

■ James Best, 30, Cecilia, violation of conditions of release.

■ Mark Blevins, 35, Louisville, non-payment of fines.■ Mark Clemente, 29, Fair dale, failure to appear.■ Jeremy Goins, 38, Elizabethtown, failur e to appear.■ William Lee, 51, Radclif f, tampering with physical

evidence; theft by unlawful taking for less than $500; third-degree terroristic threatening.

■ Todd Merickle, 39, Louisville, failur e to appear.

■ Jeremy Myers, 36, Russell, theft by deception in-cluding cold checks less than $500.

■ Amy Shaf fer, 36, Louisville, pr obation violation (for felony offense).

■ Charles Watts, 50, Louisville, alcohol intoxication in a public place.

Note: The information above is a compiled list of daily booking logs from the Hardin County Detention Center. These are only a record of arrests. All individuals arrested are presumed innocent unless proven otherwise in a court of law. The bookings state the people arrested, age, area of residence and the charges against them.

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Guthrie named Hero of Main StreetBy JUDAH TAYLOR

The News-Enterprise

The National Retail Federation on Thursday hailed U.S. Rep. Brett Guthrie as a hero — for the second time.

The congressman received the federation’s Heroes of Main Street Award in Elizabethtown at Kerr Office Group.

While accepting the award, he pledged to fight on-going funding cuts to the U.S. Army and to support business-es online and off.

He said the biggest problem most business-es face, big and small, is a lack of a qualified candidates.

“What’s interesting is high schools have always prepared kids for college but no oth-er direction,” he said. “That’s changed ... be-cause businesses have demanded it.

“And no community has embraced that to the level Hardin County has,” he said, adding the Hardin County Schools are “second to none.”

Guthrie and other members of Congress achieved the recogni-

tion based on votes, policy position and advocacy, according to Kentucky Retail Federation President Tod Griffin, who be-stowed the honor on Guthrie.

“Not every member

of Congress makes it, not everyone from Kentucky did,” Griffin said before praising Guthrie.

Of the 435 mem bers of Congress, 289 were named “heroes” this year by the federation.

Guthrie made the list in 2014, the award’s sec-ond year.

“The Hero of Main Street award was cre-ated by the federation in 2013 to recognize members of Congress for support of the retail industry’s public policy priorities,” according to the federation’s website.

From Kentucky, Reps. Ed Whitfield, Hal Rogers and Andy Barr also were named heroes. U.S. Sen. Mitch McConell made the Senate list.Judah Taylor can be reached at 270-505-1762 or [email protected].

STITH

JUDAH TAYLOR/The News-Enterprise

U.S. Rep. Brett Guthrie accepts the National Retail Federation's Heroes of Main Street Award on Thursday afternoon at Kerr Office Group in Elizabethtown from Ed McCoy, Kerr Office Group's vice president of sales and marketing.

Hardin County jail log

UK to resume pediatric heart care services

By BRUCE SCHREINER Associated Press

Pediatric heart care services are returning to the University of Kentucky after a pro-longed lapse, through a planned partnership announced Thursday between UK HealthCare and Cincinnati Children’s Hospital Medical Center.

The goal is for pedi-atric cardiac surgeries to resume at Kentucky Children’s Hospital in Lexington in late 2016 or early 2017, UK offi-cials said in announcing UK HealthCare and Cincinnati Children’s signed a letter of intent to move forward with the partnership. Officials said details still need finalizing.

Kentucky Children’s Hospital is part of the UK HealthCare system.

“All of this will take some time, and we’re certainly willing to invest that time to ensure that we have world-class care here in Lexington,” said Dr. Bernard Boulanger, UK HealthCare’s chief medical officer.

The collaboration will enable more Kentucky children to receive care closer to home, UK offi-cials said.

UK’s pediatric cardiac surgery program was sus-pended in 2012 after an uptick in child mortality rates. Dr. Michael Karpf, UK executive vice presi-dent for health affairs, said UK was committed to re-opening the program only when it was confident of providing the best care possible.

Once the program is operational, a team of doctors from both hos-pitals will direct patients to Kentucky Children’s or Cincinnati Children’s. Initially, more complex cases will be sent to Cincinnati Children’s, UK said. As the Lexington program matures, more complex procedures may be performed at UK.

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Hardin County jail log

Bookings at the Hardin County Detention Center from 5 p.m. Wednesday through 5 p.m. Thursday.

■ Charles Baker, 31, Radclif f, first of-fense trafficking in marijuana more than 8 ounces, less than 5 pounds; possession of drug paraphernalia.

■ Charles Braxton Jr., 23, Elizabethtown, second-degr ee un-lawful imprisonment; resisting arrest; four th-degree assault – domestic violence, minor injury; third-de-gree terroristic threat-ening.

■ Joseph Breault Jr., 61, Bar dstown, theft by deception cold checks under $500; failure to appear .

■ Brian Burnett, 56, Elizabethtown, first-de-gree, first of fense pos-session of a contr olled substance – metham-phetamine; possession of drug paraphernalia.

■ Buford Eddins Jr ., 57, Louisville, failur e to appear.

■ Steven Ernspiker, 32, Louisville, pr oba-tion violation (for felony of fense).

■ Scott Ferguson Jr., 30, Cassatt, South Carolina, first-degree, second of fense or greater of traf ficking in a controlled substance – opiates.

■ Jason Glickman, 41, Hodgenville, non-payment of fines.

■ Ricky Heady, 50, Elizabethtown, proba-tion violation (for tech-nical violation).

■ Joseph Hutchins, 18, Vine Gr ove, reck-less driving.

■ David Mitchell, 54, Downey, California, resisting arrest; no weight distance tax license; violation Par t 391 of federal safety regulations – qualifica-tion of drivers.

■ Kimberly Sullivan, 35, Elizabethtown, non-payment of fines.

■ Joseph Stogsdill, 31, Louisville, failur e to appear.

■ Desjuante Tucker, 18, Radclif f, four th-de-gree assault – domes-tic violence, minor injury.

Note: The information above is a compiled list of daily booking logs from the Hardin County Detention Center. These are only a record of arrests. All individuals arrested are presumed innocent unless proven otherwise in a court of law. The bookings state the people arrested, age, area of residence and the

Abuse charge leads to new look at man’s malnutrition death

Associated Press

LOUISVILLE — Ken-tucky officials are review-ing the 2009 malnutrition death of a disabled man after his sister was charged in Michigan with locking another sibling in a closet for years, a cor-oner said Thursday.

Authorities in Corunna, Michigan, charged 44-year-old Candy Lawson last week with unlawful imprison-ment, vulnerable adult abuse and embezzlement from a vulnerable adult.

She has pleaded not guilty. Authorities say she kept her disabled adult sister locked in a closet for six or seven years with little food, water or clothing and only a buck-et for urination.

Police visited Lawson’s home July 9 for a welfare check following an anony-mous tip.

Shiawassee County’s chief assistant prosecutor Daniel Nees said they found the 42-year-old dis-abled woman locked in a closet suffering from mal-nourishment and dehydra-

tion. Police said she was hospitalized for about a week before being placed in protective custody.

Franklin County, Kentucky, Coroner William Harrod says Lawson’s 33-year-old dis-abled brother, Christopher Justin Churchill, died in Frankfort in 2009 of pro-tein calorie malnutrition.

Harrod said he will be reviewing his file and communicating with Kentucky State Police, who handled the original death investigation.

A state police spokes-woman didn’t immedi-ately return a call seek-ing comment.

Harrod said several things could contribute to protein calorie malnu-trition. He said the death certificate currently lists the manner of death as natural, but that could change if any new evi-dence is found.

“At the time of Mr. Churchill’s death in 2009, we didn’t have substantial enough evidence to prove any type of neglect or anything,” he said. “What we’ve got to do is see if we can get any substantial evidence to support any-thing otherwise than what we have now.”

LAWSON

Court: Producers responsible for paying natural gas taxes

By BRUCE SCHREINERAssociated Press

LOUISVILLE — Natural gas producers in Kentucky shoulder all the responsibility for paying severance taxes on the fuel and cannot shift some of the tax burden to landowners, the state’s Supreme Court said in a divided ruling Thursday.

Producers may not deduct a portion of severance taxes owed from the royalties paid to owners of the land where gas is extract-ed, the court said. Exceptions can occur, however, when speci-fied by lease agreements.

In his majority opinion, Justice Bill Cunningham said the natural gas tax is assessed for the “privilege of severing or processing” the gas.

“Absent a clear legislative directive to the contrary, the privilege to deplete this non-re-newable resource and bring it to market is most logically be-stowed upon the producer — not the passive lessor from whose land the resource is being sev-ered,” Cunningham wrote.

The ruling came in a dispute between an eastern Kentucky landowner and EQT Production Co., a natural gas producer.

The landowner, Appa-lachian Land Co., claims it was underpaid on the royalties owed in exchange for EQT

extracting natural gas from its property. The lease stipulated that EQT pay a royalty at the rate of one-eighth of the mar-ket price of the gas at the well, the ruling said.

In determining that market price, EQT used a calculation factoring in post-extraction processing costs, including severance taxes, Cunningham noted. The landowner argued that EQT should not have de-ducted severance taxes when determining the market price for royalty purposes.

Cunningham concluded that producers may not deduct sev-erance taxes prior to calculating royalty value, unless permitted by lease agreements.

EQT gained title to the gas “the moment it brought the gas to the wellhead,” he said.

“Therefore, even viewing the severance tax as analogous to a property tax, the owner of the property being taxed is EQT, not Appalachian,” Cunningham wrote. “As such, whether we interpret the sev-erance tax as a levy on the privilege of producing gas, the business of producing gas, or on the gas itself, the tax bur-den lies squarely with EQT.”

Gas industry supporters argued that applying all the severance tax to producers would hurt small producers.

Cunningham was unmoved by the argument, writing: “This time-worn tactic has been used by mineral producers for over a century to plague this embattled region of our commonwealth.”

Cunningham was joined by justices David Allen Barber, Michelle Keller, Mary Noble and Daniel Venters. Venters wrote a concurring opinion.

The ruling drew a dissent from Justices Lisabeth Hughes Abramson. She was joined by Chief Justice John D. Minton Jr.

Abramson said natural-gas processors should be able to deduct the portion of the tax attributable to post-production costs when calculating royalties. But they may not deduct the portion of the tax attributable to extracting the gas, she said.

Also Thursday, the state’s high court ruled against Harlan County landowners seeking to change the formula for calculat-ing their natural gas royalties.

The landowners claimed they were underpaid by basing their royalties on one-eighth the mar-ket price at the well. They said it should reflect the sale once the gas is made marketable.

The Supreme Court sided with prior opinions that said Kentucky law does not embrace the “marketable product” ap-proach to royalty calculation.

Severance fees can’t be passed on to landowners

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By GINA CLEARThe News-Enterprise

When a child wishes for a pony, it is not often that wish comes true.

But for Sarah Shel-burne, who was born with cerebral palsy, a pony or miniature horse has been a part of her life for as long as she can remember.

“Her grandparents showed saddle bred (hors-es) for years and when Sarah was a baby, they got her a pony,” said Julie Shelburne, Sarah’s mom. “She started showing and never stopped.”

A Taylorsville resident, Shelburne, who has shown at the Hardin County show for many years, won three divisions, the only three in which she com-peted, with her miniature mare, Buttermilk Meadow Muffin, this week at the Hardin County Fair & Horse Show.

Showing the horses started as a way to spend time with her grand-parents, but turned into something more for the oldest grandchild, Julie said.

“It’s good for her,” she said. “It’s therapeutic.”

Julie added Muffin, Sarah’s 13-year-old mare, is good with Sarah and Sarah said she likes Muffin’s personality.

As her father, Daren Shelburne, held her hand, Sarah, 26, showed Muffin around the ring in the miniature solid color and miniature mature mare divisions.

Sarah’s grandmother, Georgia Shelburne, also showed Ripplin Creek Spendor’s Lil Hot Shot in separate divisions Monday so the two wouldn’t have to com-plete against each other, Julie said.

Unfortunately, it doesn’t always work out like that.

“That’s not fun,” Julie said, describing when the two are pitted against each other.

Sarah’s favorite divi-sion is pleasure driving, she said.

“I like to go fast,” Sarah said about the competition.

That part worries her mother, Julie said.

“No one else worries

because they know how much Sarah practices and how confident she is,” Julie said.

Sarah, who has been showing horses since 1999, spends just about every day practicing in the summer and sometimes extends sessions into the winter, Julie said.

“When we first started, we just wanted to get pink and green ribbons,” Julie

said.But now Sarah’s rib-

bons, trophies and plates are so numerous, the family ran out of room to display the hardware, Julie said.

“We eat off of some of her trophy plates,” she said. “I figured we should use them for something. She has years and years worth.”

Sarah also has earned

the High Point Award at the Kentucky Association of Fairs and Horse Shows and her mother couldn’t be more proud of her and her accomplishments, Julie said.

“I’m extremely proud,” she said. “Oh my gosh.”

Gina Clear can be reached at 270-505-1746 or [email protected].

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For woman with cerebral palsy, showing mini horses is family affair

GINA CLEAR/The News-Enterprise

Sarah Shelburne, 26, of Taylorsville, competes Monday in the miniature horse pleasure driving division with her horse Buttermilk Meadow Muffin at the Hardin County Fair & Horse Show. Shelburne, who has cerebral palsy, won the division as well as two others in which she competed.

Shelburne, 26, won three

divisions at Hardin

County Fair

Man charged with assault after wreck

The News-Enterprise

A 20-year-old Radcliff man faces two felony charges after police say a female passenger in his vehicle was injured in a wreck late Sunday night.

William Scott of the 4900 block of South Woodland Drive is being held in the Hardin County Detention Center in lieu of a $60,000 cash bond. He was arrested Wednesday afternoon.

According to an arrest warrant, he was driving a 2008 Chevrolet “intoxicated by alcoholic beverages and at a high rate of speed eastbound on West Vine Street.”

Scott lost control of the vehicle which left the roadway, colliding with a utility pole and then went airborne. The vehicle rolled over and hit a tree, coming to rest in a ditch in front of a house in the 400 block of West Vine Street.

The woman was transported to Hardin Memorial Hospital with “severe pain to the pelvic region of her body,” the warrant states. She later was airlifted to University Hospital in Louisville.

Scott is charged with second-degree assault, a Class C felony punishable by up to 10 years in prison, if convicted, and first-degree wanton endangerment, a Class D felony, punishable by up to five years in prison.

Scott is scheduled to appear at 9 a.m. July 17 in Hardin District Court.

SCOTT

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State might take over

management of Menifee Co.

schools Associated Press

FRENCHBURG — The Kentucky Board of Education is considering a state takeover of the Menifee County school district, after officials say prior assistance has not done enough to fix the district’s problems.

The state board says in a statement that it will consider a recom-mendation Kentucky Education Commissioner Terry Holliday made last month for state manage-ment of Menifee County schools during a meeting today.

According to state documents, the Menifee school board voted in June not to contest the move, the Lexington Herald-Leader reported.