MARYVILLE, TN – In a Motion filed late Friday, August 23, 2013, Blount County Assistant District Attorney General Ellen Berez charged attorney Jack Heffington, counsel for Wheelon horse owners, with misrepresentation by his telling Berez that the owner of the property from which Larry Joe Wheelon was evicted had given her permission for the horses to be returned there. Berez stated that, based on the information that Heffington provided to her, she signed off on the August 20, 2013 Order as an officer of the Court.
Berez further stated “The State of Tennessee is NOT holding these horses and is not involved in their custody … the State of Tennessee should be relieved of any further action(s) regarding the return of the horses to their rightful owners.
Nephew Eugene says Randolph from Theta who graduated from Vanderbilt Law School says that what all this means is that Ellen Berez is furious with Jack Heffington because she was fed a bunch of bull by Heffington, and that this should further motivate Berez’s boss District Attorney General Mike Flynn to take the Larry Joe Wheelon, along with three other persons arrested, before a Grand Jury in October. It also means that Heffington will have to go before General Sessions Judge Robert Headrick and try to ‘splain why he as an “officer of the court” was misrepresenting important things to Asst. District Attorney Berez. Past that, the horses are apparently presently being cared for by HSUS at an undisclosed location, and the horses have a “legal custodians” located in Blount County which is normal procedure when animals are seized under the Tennessee Animal Cruelty Statute. Randolph says if D.A. Mike Flynn takes the Wheelon case to the Grand Jury that will put the horses being returned matter on hold. One of the horses is owned by “Big Lick” big shot Joe Barnes of Pigeon Forge who is the owner of the 2010 World Grand Champion, “The Coach”. Randolph says there is a possibility, depending on the what happens with Wheelon being prosecuted, that the horses could be forfeited to the State of Tennessee. An action to do just that is going on in West Tennessee at the present time.
The local citizenry in Maryville is strongly encouraging and supporting D.A. Mike Flynn to take the Wheelon case to the Grand Jury. Approximately 1,500 persons have signed Petitions encouraging D.A. Flynn to be sure that Larry Joe Wheelon gets his day in Court.
THE COURT ORDER DATED AUGUST 20, 2013 –