News from Feb. 12, 2003 issue


Chickens are gone for good
Chickens will no longer be grown near Greenwood Heights, according to a deal struck Wednesday morning between County Attorney Alan Stout and Tyson Foods.

An agreement was reached in District Court to set aside two guilty verdicts rendered last year by a Crittenden County jury. In return, Tyson agrees to pay a $1,000 fine and to leave and never come back to the former B&G Broiler property on the northeast edge of Marion.

Tyson had been found guilty of violating a City of Marion nuisance ordinance because smells emitting from the chicken-growing facility were causing such a stench in and near Greenwood Heights, the town's largest residential subdivision. Tyson had appealed last June's verdict to Crittenden Circuit Court and was scheduled to appear here this morning (Thursday) to make its case.

All appeals will be dropped due to the agreement. Stout said dialogue about a possible deal began a few weeks ago and came to a conclusion Wednesday morning when District Judge Rene Williams approved of it.

In return for withdrawal of the guilty verdicts, Tyson entered an Alford plea and agreed to never again operate a chicken facility at the location in question. An Alford plea means the defendant admits that there is substantial evidence and accepts the agreement, but does not admit guilt.

Kurt Denton, attorney for Tyson, declined to comment about resolution of the case.

"The disposition of this case, coupled with action being contemplated by the Crittenden County Fiscal Court (to regulate poultry operations in the county) should go a long way to make sure this does not happen again," Stout said.

Justice is served, he said; the chicken company is gone.
"This case was about quality of life issues as much as anything. That large of concentration of poultry houses located so close to so many residences had a significant negative impact on how a large number of people lived," the prosecutor added.

Continuing the case through the appellate courts was unnecessary based on Tyson's agreement to never return, said Bart Frazer, attorney for the city of Marion. Frazer said the case might have languished in court for several more years and there was even potential for another trial.

"I am pleased. I think it's a good resolution," Frazer said. "The main thing here is that our citizens and their rights were protected."
The poultry facility has been the center of controversy since 1997 well before it raised the first chicken. Civil action by several Greenwood Heights residents tried to stop the 16 broiler houses from being built. That failed.
In 2000, a group of residents filed criminal nuisance charges against Tyson and its contract farmer B&G Poultry. It was from those charges that a jury found Tyson guilty of being a nuisance.
Last fall, B&G Poultry pulled out of the business, leaving behind $2.8 million worth of land, buildings and other improvements to sit idle. Tyson never said whether it planned to re-open the site.
Stout said Tyson is in the process of selling the property to a local buyer.

Marion City Council met in executive session Tuesday, apparently to discuss the deal being offered to Tyson. The city took no action and made no official comment in regard to it.

Stout said he met with all of the complaining witnesses who live near the poultry operation Tuesday afternoon and explained to them what he planned to do in regard to disposing of the case. He said most appeared to be pleased with resolution of the issue.

"I appreciate the support of the brave landowners who filed the complaints as well as citizens generally," Stout said. "I also appreciate the support from the City of Marion and the assistance of City Attorney Bart Frazer in prosecuting the case."

It's unclear what will happen to the property, approximately 104 acres, which is valued at $2.8 million with improvements.
According to the order entered in District Court Wednesday, Tyson has 90 days to remove any equipment it has there. It also has 30 days to pay its fine.

While there is some speculation that the property is being sold, no details about the future of the site were available at press time.


Drug busts 'snowballing'
It comes in many forms and packs a powerful punch, which local law enforcement says is taking Crittenden County by storm.
The drug of choice nowadays is methamphetamine, a.k.a. crank, glass or meth. Police say it's unfathomable the amount that's being used on the streets, in homes and by students.

"The past couple of weeks we busted several people. Among them was a 56-year-old man and 16-year-old boy," said Kentucky State Trooper Brent White. "This drug knows no boundaries. It is a very serious, broad-based problem that doesn't affect just one group. It's affecting the entire community. Chances are that you know someone who is dealing with the negative impacts of this drug.

"Meth is non-discriminatory in regard to age, gender or social condition," he continued.

Trooper Darron Holliman, Det. Robbie Kirk, Marion Police officer Ray O'Neal and other local deputies and officers have been especially busy the past couple of weeks, tracking down developing leads in a growing investigation regarding the local drug scene.

There have been about a dozen meth-related arrests in the last month. While police won't say they're all connected, some of them admit that leads are being produced each time an arrest is made.

"It's like the old adage says, 'There's no honor among thieves,'" said Trooper Holliman, acknowledging that most are quick to give up information to get a little leeway in court.

"Every time one gets arrested we gain more information," said Marion Police Chief Kenneth Winn. "People who want to help themselves will give you some information."

Just knocking on doors and asking questions is producing leads about drugs or other crimes.

"I think you can best characterize what's going on as a snowball effect," White said. "It's just been some good, old-fashioned police work."

In fact, the intensity of the law enforcement effort in the last few days has many in the illicit drug trade watching their backs, police say.

There is no specific nor elevated special investigation going on, but White says recent arrests are leading to more and more information about drug trafficking and use in Crittenden and surrounding counties. (For more on the drug problem, read this week's printed edition).

Hawthorne plans antique mall
Thom Hawthorne, Jr., says he and his family never really intended to keep renovating downtown buildings, but opportunities continue to arise.

The Hawthornes and their extended family now own several buildings in Marion. They have storefronts on about half of the east side of Main Street, plus the old feed store on Bellville Street that is now the USDA building.

Hawthorne, who owns and operates Thom's Sweet Shoppe, has just completed the purchase of the former Cochran buildings, which includes three storefronts and about 15,500 square feet.
Plans are to renovate the structures to their former glory and operate an antique mall there. Hawthorne says retail space will be available for lease.

"Once we tear off all the junk from the building and get it back to the original structure, it's going to be pretty cool," he said.
Hawthorne hopes that by increasing the number of retail stores downtown, it will generate more business for his restaurant and soda shop, plus increase trade for every other merchant in Marion.

Hawthorne, his sister Tracey, mother and father Tom and Sandra, girlfriend Paula Collins and Helen Golas, Paula's mother, combine to operate several businesses in town, including Paula's China Shoppe, Signs on Main Street and Antiques and Collectibles.

Hawthorne says the old Cochran buildings will provide plenty more space for antique or craft shops. He thinks plans to dress up downtown by Marion Main Street, Inc., will help to create an atmosphere conducive to increased commerce in Marion.
"The Streetscape project is really going to make a big difference," he said. "When people see the old-fashioned light posts and new sidewalks, I think they're going to figure out that Marion is a neat place to come to. This October when people come to town for Heritage Days things are going to look a lot different. It's going to look awesome.

"Other shops like Wheeler's Antiques and Herbs and Bowtanicals on Carlisle Street are really nice places," Hawthorne continued. "I can imagine people walking up and down the streets with lots of places to shop and things to do like in Hazel or Cadiz."

Along with Marion Main Street officials, the Hawthornes have been supporters of maintaining the historic integrity of downtown buildings.

"We have a lot of assets as far as an historical town," Hawthorne said, "if we can just get it looking historic again."

Hawthorne sold a satellite dish and data company in Arkansas before he moved to Marion in seven years ago. His mother grew up here.

"I originally bought the Sweet Shoppe and everything else just started happening, people started coming to me," he said about the number of downtown buildings they've purchased and renovated. "I originally bought the USDA building to turn it into my personal garage, then it came up that USDA and the Farm Service Agency was going to Salem if they couldn't find a new place. We didn't need to lose that from Marion. We have lots of farmers here who depend on having those offices close by.

"People in Marion have always been very supportive of me," Hawthorne continues. "And I really appreciate that."

The Sweet Shoppe does a good lunchtime business, but during the winter months it closes at 3 p.m.

"The only reason we close is because town folds up and we can't afford to stay open. I think that the more we can offer people, the more we'll attract and then we can all stay open later."

Hawthorne rattles off a series of attractions in Marion, including the Mantle Rock Cherokees, Ben E. Clement Mineral Museum and the Bob Wheeler Museum which will be opening this spring at the former Presbyterian Church on Bellville Street.

Several organizations are working toward improving tourism here and the city's recently imposed restaurant and motel tax is being used to fund the effort.

"If we all work together, I think we can attract more people to Marion and that's what it's going to take," he said.

Marion Main Street will be coordinating lease and rental of space at the old Cochran buildings.