Pedestrian Struck And Killed On Hwy 29

June 9, 2011

A McDavid man died when he was struck by two semi-trucks hauling logs early this morning on Highway 29 in Bluff Springs.

Dustin Blake McFadden Smith, 21, was pronounced dead at the scene by Escambia County EMS.

The Florida Highway Patrol said Smith was standing in the outside southbound lane of Highway 29 just south of Byrneville Road at 2:35 a.m. when he was hit by a semi driven  by Russell A. Joseph, 49, of Repton, Ala.  Smith came to rest in the roadway, where he was struck again by another semi driven by Ashley Wayne Hawkins, 42, of Dozier, Ala. The FHP said Hawkins was unable to see Smith in the roadway due to poor lighting conditions.

Both trucks stopped a short distance beyond the accident site. One of the log truck drivers called 911 to and stated that they believed they had struck a pedestrian.  First responders found Smith  lying in the southbound lanes of Highway 29.

The Florida Highway Patrol said it appeared Smith may have been involved in a single vehicle crash prior to being struck by the log truck. Smith’s vehicle was located at the edge of a wooded area, well off the roadway. Smith’s car was not hit by either log truck.

Charges are pending the results of a traffic homicide investigation, according to the FHP.

The Escambia County Sheriff’s Office, Century Station of Escambia Fire Rescue and Escambia County EMS also responded to the crash.

Southbound Highway 29 remained closed until about 6 a.m.

Pictured above: A McDavid man was struck and killed by two log trucks on Highway 29 in Bluff Springs about 2:35 Thursday morning. Pictured inset: The victim’s car was at the edge of a wooded area, perhaps involved in an unrelated single vehicle crash prior to his death. Pictured below: The victim was first hit by the white log truck pictured, then by a second yellow log truck pictured at the bottom of the page . NorthEscambia.com exclusive photos, click to enlarge.

Escambia County Takes Another Step Toward Molino Library

June 9, 2011

Escambia County has taken another step forward of the renovation of the old Molino School into a community center, museum and library.

The project’s original plans called for a library, complete with the usual shelves of books, children’s areas and computer terminals. But without funding to operate its daily operations and employee salaries, library plans were shelved. The county needed thousands more to complete building renovations for a library, including the addition of more structural supports under the building’s 72-year old floor to accommodate thousands of pounds of books.

AAfter $700,000 in local option sales tax (LOST) funds were reprioritized at the request of County Administrator Randy Oliver, an additional $1.8 million was funneled to the project to once again include a library.

Now, Escambia County has officially issued a change order to their contract with DAG Architects, Inc. to included the library in their plans. That brings the county’s total contract with DAG for architectural and engineering fees to $356,130. The fees include $113,135 to design a new building on the Highway 95A property to house offices for both the tax collector and property appraiser.

Pictured above: The old Molino School. NorthEscambia.com file photo, click to enlarge.

Man Charged With Lying, Falsifying Records In Jail Inmate Death

June 9, 2011

An Atmore man that formerly worked as a corrections officer in Baldwin County was arrested by the Atmore Police Department Wednesday afternoon on misdemeanor charges related to an inmate death.

Larry Darrell Bowens, 24, of Gray Street, was Baldwin County Detention Center in Bay Minette Wednesday afternoon on charges of  falsifying a governmental record and obstructing justice.  Bowens resigned as a Baldwin County corrections officer the day after 19-old Zachary Barber of Fairhope was found hanging in his cell.

Baldwin County officials believe Bowens lied to investigators and falsified  paperwork in reference to the prisoner’s death. Bowens’ actions did not contribute to the death, officials said.

Bowens was released  on $2,000 bond.

North Escambia Native Robert Killam Aboard Recent Honor Flight

June 9, 2011

A Poplar Dell native was among 89 World War II veterans on a recent Honor Flight trip from Mobile to visit their memorial in Washington.

Robert Paul Killam, now an Atmore resident, served for 30 years stationed at the Pensacola Naval Air Station and for five years in Corpus Christi, Texas.

During the trip, the fifth for the Honor Flight of South Alabama organization, the veterans visited the WWII Memorial, Lincoln Memorial, Korean War Memorial, Vietnam Wall, Iwo Jima Memorial and Arlington National Cemetery. They were welcome to Washington by Alabama Sen. Jeff Sessions and Rep. Jo Bonner.

Paulette (Killam) Kindred, a 1963 graduate of Century High School, said her father was deeply touched by how interested younger people were in learning about the experiences of the WWI veterans. Students at several Mobile area schools wrote personal thank-you notes to the veterans.

“The concerns these students listed in their notes were truly amazing,” Kindred said.

Submitted photo for NorthEscambia.com, click to enlarge.

Century Awards Lighting Contract, Rejects Cheapest Bid

June 9, 2011

Century has awarded a $55,629 bid to replace lighting at three town buildings, rejecting a bid that was over $11,000 cheaper.

The energy conservation project will replace the lighting systems at the Century Town Hall, Agricultural Building and the former Helicopter Technology building with new, energy-efficient lighting.

The lowest bid received by the town was $44,361 from B & R Building Maintenance. That was bid was rejected, according to project consultant Debbie Nickles, because the company is not licensed to perform the work by Escambia County or the State of Florida. She said the individual that would have performed the work for the company does hold the proper license, but not the company.

The project was awarded by the Century Town Council to the second lowest bidder, D & T Electric for $55,629.

The following bids were  received:

  • B & R Building Maintenance, LLC — $44,361.00
  • D & T Electric — $55,629.00
  • F & M Electric — $56,726.26
  • Brown Electric  — $59,181.00
  • Hual Electric, Inc. — $62,623.00
  • Sylvania — $63,129.00
  • Bill Smith Electric — $66,393.00

Jay High Cheerleaders Receive International Recognition For Helping Tornado Devastated Area

June 9, 2011

The Jay High School cheerleaders are getting a little international attention thanks to a story on NorthEscambia.com.

The varsity and junior varsity cheerleaders at Jay High School decided to “adopt” the cheerleading squads at Phill Campbell High School and send a personal care package to each cheerleader. Their efforts were featured in NorthEscambia.com story on May 11.

The NorthEscambia.com story is now featured on AmericaNeedsCheerleaders.com — a website dedicated to promoting positive contributions made by cheerleaders around the world.

Click here for the original NorthEscambia.com story and additional photos.

Click here for the AmericaNeedsCheerleaders.com story.

Pictured top: The Jay High School varsity cheerleaders created personal care packages for each member of a cheerleading squad in the town of Phil Campbell, Alabama, which was devastated last month by a tornado. NorthEscambia.com file photo, click to enlarge.

Federal Appeals Court Hears Florida Health Care Challenge

June 9, 2011

Grappling with how far Congress’ powers can go, three appeals-court judges Wednesday pointedly questioned attorneys in a case that could decide the future of last year’s federal health overhaul.

Florida has spearheaded the case, which primarily challenges part of the law that will require almost all Americans to have health insurance starting in 2014 — known widely as the “individual mandate.”

“Let’s talk about the individual mandate,” Joel Dubina, chief judge of the 11th U.S. Circuit Court of Appeals, said early in hearing that lasted 2 ½ hours. “That’s the heart of this case.”

With Florida Attorney General Pam Bondi and former Attorney General Bill McCollum sitting at the front of the ornate courtroom, lawyers for opponents said it is unprecedented for Congress to force Americans to buy a product such as health insurance. They disputed that the U.S. Constitution’s allows such power.

“They (uninsured people) are not engaged in commerce,” said Paul Clement, a lead attorney for the opponents, which also include 25 other states. “They’re sitting in their living rooms. They’re not doing anything.”

But Acting U.S. Solicitor General Neal Kumar Katyal said health insurance — and decisions not to buy insurance — affect interstate commerce. He said uninsured people seek care at hospital emergency rooms, shifting billions of dollars a year in costs to other people who pay them through increased insurance premiums.

“Congress is entitled to wide deference in the way it deals with the problem,” Katyal said.

The case is perhaps the most widely watched legal challenge to the landmark federal law, which President Obama and Congress approved in March 2010. The appeal stems from a January decision by Pensacola federal judge Roger Vinson that the law is unconstitutional.

Dubina and Judges Frank M. Hull and Stanley Marcus repeatedly interrupted the attorneys with questions, trying to poke and prod at the intricacies of the issues.

At one point, for example, Marcus asked Katyal whether Congress also would have the power to require people to buy long-term care insurance. He said few people have the insurance but nursing-home and other long-term care costs often get passed on taxpayers.

Hull, meanwhile, probed whether people are making economic decisions when they choose not to buy insurance and said everybody is just an “instant away” from needing health care.

Dubina also questioned whether health care should be considered unique compared to other types of products or services. But Michael Carvin, an attorney for the National Federation of Independent Business, another plaintiff in the case, called the uniqueness issue “smoke and mirrors.”

“What difference does it make if it is unique?” Carvin asked.

It was impossible to determine from the hearing how the judges will rule — they hammered both sides with questions. The court could take months to come to a decision, and Dubina acknowledged at the end of the hearing that the case likely will be later decided by the U.S. Supreme Court.

“I doubt this is the last time we’ll hear arguments in this case,” Dubina said.

Bondi gathered with other attorneys general outside the courthouse afterward to express confidence that the court will strike down the law. Meanwhile, McCollum — who filed the case immediately after Obama signed the law — said it raises constitutional questions about congressional powers that go far beyond health care.

“This is a real, real big reach,” he said.

The health law has fueled a massive political fight, with much of the debate centering on the requirement that people buy insurance. People who don’t comply with the mandate will face financial penalties.

The debate also has led to political scrutiny of the judges involved. Dubina was appointed by former Republican President George H.W. Bush, while Hull and Marcus were both appointed by former Democratic President Bill Clinton.

The mandate is only part of 2,700-page bill, which also includes provisions such as expanding Medicaid and preventing insurers from denying coverage to people with pre-existing health conditions.

In his January ruling, Vinson tossed out the entire law because, he said, the mandate was critically intertwined with other parts of the law.

The appeals judges Wednesday asked several questions about whether other parts of the law could be allowed to continue if the mandate is ruled unconstitutional — a legal concept known as “severability.”

Katyal said much of the law could go forward, except for the part that bans insurers from denying coverage because of pre-existing conditions. Without the mandate, insurers could get hit with a large number of people with costly pre-existing conditions but would not be assured of also getting a large number of healthier customers to help offset the expenses.

Clement called the mandate the “driving force” behind all of the health changes.

“We take the position the whole thing fails (if the mandate is unconstitutional),” he said.

The judges also focused on part of the law that will change income-eligibility requirements for Medicaid in 2014 and allow millions of additional people to enroll in the program. The move is designed to help carry out the mandate’s broader goal of people being insured.

Florida and other states argue that Congress is “coercing” them into expanding Medicaid. If states don’t go along with the expansion, they could lose billions of dollars in federal Medicaid funds.

Dubina described the state’s Medicaid coercion argument as “pretty powerful.” But he questioned Clement about whether states could simply pull out of Medicaid if they don’t like the new requirements.

Clement, however, said that is not realistic for states, which need federal Medicaid money to pay for health services for low-income people.

“This is the case that crosses the line,” he said.

But Katyal said Congress has always had the power to “change the rules” in the Medicaid program and has taken steps in the past that have expanded eligibility. He also said the federal government will pick up the tab for newly eligible people until 2017 and later will pay 90 percent of the cost.

“They (states) knew the terms of the deal going in,” Katyal said.

By Jim Saunders
The News Service of Florida

Maher, Hadley Chosen For AISA All-Star Team

June 9, 2011

Keaton Maher of Century, Escambia Academy graduate, and Jarrett Hadley, a junior at Escambia Academy, were chosen for this year’s AISA All-Star Baseball Team at Troy University. The two played with and against the top players in the Alabama Independent School Association.

Maher was pitcher and first baseman for the senior team while Hadley, who is from Bay Minette, was shortstop and center for the junior team.

Pictured: Keaton Maher  and Jarrett Hadley, were chosen for this year’s AISA All-Star Baseball Team. Submitted photo for NorthEscambia.com, click to enlarge.

FHP Issues 14,400 Tickets, Makes 163 Arrest During Holiday Weekend

June 9, 2011

During the Memorial Day holiday weekend, the Florida Highway Patrol issued more than 14,400 traffic citations and made 163 arrests for driving under the influence of alcohol or drugs.

The FHP also cited more than 5,500 drivers for speeding and more than 2,700 for failure to buckle up, according to Col. David Brierton, FHP director.

During the four-day heightened enforcement period, FHP increased the number of troopers patrolling Florida’s roadways and used auxiliary troopers to augment FHP’s regular force.

“The Florida Highway Patrol is committed to safeguarding everyone on our highways,” Brierton said. “Through aggressive enforcement, we aim to prevent crashes and save lives, leading the way to a safer Florida.”

Detour For County Road 97

June 9, 2011

The southern end of County Road 97 is expected to remain closed through June 27 for construction.

County Road 97 will be closed from the intersection of Highway 297-A westward to Devine Farms Road as a large pipe is installed under the roadway for International Paper’s water quality improvement project. Escambia County suggests that motorists use  Kingsfield Road to detour around the work area.

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