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March 22, 2010

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DA files amended complaint against Midnight Rodeo

Published: 5:49 AM, 09/07/2008 Last updated: 9:52 AM, 05/13/2009
 

Author: Rick Hooper
Source: The Newport Plain Talk

NEWPORT-Fourth Judicial District Attorney General Jimmy Dunn has filed an amended complaint in seeking to padlock the Midnight Rodeo.

The amended complaint was filed Thursday in Cocke County Circuit Court and lists property owners Gary E. and Geraldine Ridens as defendants. According to both complaints, the Ridens have owned the property at 1071 West Highway 25/70 in Newport since May 1, 2000.

Dunn filed his initial petition to padlock the business on July 21, just over a week after Brent Gentry of Del Rio was stabbed to death at the establishment. James Harmon Jr., 39, of Hot Springs, N.C., was charged in the incident and indicted this past week by a Cocke County Grand Jury.

Dunn contends the business is a "common and public nuisance." In his initial complaint, he cited 11 instances supporting his effort to padlock the business.

The amended complaint filed Thursday "avers the additional following incidents:

¥ Thefts - 5

¥ Bomb Threat - 1

¥ Aggravated Assault - 1

¥ Domestic Assault - 3

¥ Vandalism - 7

¥ Hit and Run - 1

¥ Assault/Fight - 6

911 calls from Jan. 9, 2005, to July 12, 2008

¥ Disturbance - 2

¥ Officer Investigation - 11

¥ Vandalism - 3

¥ Assault/Fight - 17

¥ Domestic Assault - 2

¥ Indecent Exposure - 1

¥ Public Intoxication/Public Drunk - 5

¥ Rape - 1

¥ Burglary of Motor Vehicle - 1

¥ Request for Ambulance - 2

¥ Stabbing - 3

Dunn has requested the defendants "be served with a five-day written notice notifying them that it is the purpose and intention of the relator to apply to this court for a temporary injunction to abate the nuisance herein described in accordance with the terms and provisions of the laws and the statutes of this State."

Geraldine Ridens says she is "saddened over Jimmy Dunn's filing against the Midnight Rodeo.

"I would like the people of Cocke County to know that of all the incidents that are listed in the District Attorney's complaint, 99 percent actually happened in the parking lot of our business just like they happen at Wal-Mart and many other establishments in Newport and other areas," she said.

"I also want to state that several of these alleged incidents listed happen on days that we were not even open for business. I actually will have to get a copy of the police reports since most of these we are not aware of happening on our property. We are only open five days per week.

"I want the people of Newport/Cocke County and all the surrounding areas to know that we are not closed and waiting for our day in court. We feel we are not guilty as business owners and would never be a party of any of the items that Mr. Dunn has listed."

Ridens added, "We deeply appreciate all the letters and support that has come out of this. We fell the community knows right from wrong and that we are being victimized from this unfortunate incident. As long was we own and operate the Midnight Rodeo we will make every effort to make it a safe and enjoyable place for the public to come and relax.

"My view on this is, any business situation that is in the city or county that happen in this manner, the business should be fined and let the owners fight the fines, for Cocke County sure could use the money. The powers that be should be trying to get in new businesses and jobs instead of trying to close any legal business for any reason.

"I am all about the growth and moving Newport/Cocke County forward. I would never do anything to hurt my hometown or any of the people that enjoy living here; we have the most beautiful county in Tennessee and need jobs and work for the people who come here to stay."

Circuit Judge Ben W. Hooper II stepped aside from presiding over the case, which was postponed last month.

Judge Hooper said it would be "inappropriate" for him to hear the case because Geraldine Ridens, who, along with her husband, Gary, is the owner of the Midnight Rodeo and a defendant in the padlock petition, was once a babysitter for one of his children.

So the judge continued the pending hearing on the petition and placed the case on the docket of Circuit Judge Rex Henry Ogle.

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