Nevada County Picayune and Gurdon Times Newspaper Archive

Four Whelen Springs men arrested for theft charges

Three of four Whelen Springs men who were arrested for stealing scrap metal have bonded out of Clark County Jail, according to an affidavit filed at the Clark County Courthouse.

Two of the men, Jimmy Wayne Cooper, 21, and James Justin Myers, 19, both of 419 Jefferson St, are charged with one count of theft of property valued between $500 and $2,500  a class C felony punishable by a prison term of 3-10 years and/or a fine of up to $10,000.

The other two men, Jimmy Joe Hughes, 20, and Christopher Malcolm, 20, both of 638 E. Roosevelt, are charged with one count of theft of property between $500 and $2,500  a class C felony punishable by 3-10 years in prison and/or a fine of up to $10,000; and one count of theft valued less than $500 during a criminal episode  a class D felony punishable by up to 6 years in prison and/or a fine fo up to $10,000.

All bonds were set for $10,000. Malcolm is the only one who has not paid bond.

According to the affidavit, a person associated with the victim informed Clark County Patrol Deputy Brian Daniels that a person had cut a barbed-wire fence and removed a steel cable to enter her property. He also advised that the cab of a large 60s-model GMC truck, bluish green in color, had been removed. Daniels and the informant the drove to the location where the property was entered, near Macon Road and Highway 53 South. Daniels noticed deep markings on the ground in several locations that were indicative of something heavy being dragged across the ground. The affidavit indicates that the informant advised Daniels that on several occasions he had seen a white dually pickup with a flat bed, which belonged to Malcolm. He said he last saw the vehicle headed toward Arkadelphia, and that the pickup was loaded with scrap metal, according to the affidavit.

The informant and Daniels then drove to a recycling plant in Arkadelphia. Daniels spoke with the plants business manager, who informed him that Malcolm  along with another white male  had scrapped several items, including a bluish-green cab of a GMC truck. The unknown subject had signed the payment ticket, but his signature was not legible.

Clark County Criminal Investigator Kenny Taylor received a phone call from Malcolm, who had heard that the word on the street was he needed to call the authorities, according to the affidavit.

The affidavit indicates that Taylor asked Malcolm if he had scrapped any metal, to which he told him that he  along with Hughes  had scrapped two old car bodies. Malcolm reportedly told Taylor that his grandfather had given him the car bodies and that he didnt steal them, and that he did not cut the fence. Taylor reportedly informed Malcolm that he was not questioning him about the fence  only whether or not he had scrapped any metal.

The affidavit indicates that Taylor, after Malcolm gave him directions, drove to his grandfathers address and questioned him. He admitted that he was his grandfather, but denied having any part in the transaction of car bodies.

Taylor drove to Malcolms residence and read him his Miranda Rights as he agreed to give a statement.

Malcolm reportedly confessed that he, along with Hughes, Myers and Cooper, had scrapped the cab and a large piece of metal described as a log feeder. According to the affidavit, he told Taylor that he and Hughes arrived at the gate between the dates of April 22 and May 1, enabling the four of them to ride in Malcolms vehicle to the location of the scrap metal, which was behind Coopers residence.

The affidavit indicates that Malcolm told Taylor that he and Hughes had taken the cab, valued between $70 and $80, to the recycling plant. The affidavit also indicates that all four of the men arrived the next day to get the log feeder, which they said weighed about 3,000-4,000 pounds, and that they took it also to the recycling plant. Malcolm reportedly told Taylor that the four had split the money, allowing $80 for each subject.

Taylor then audio-recorded interviews with the rest of the subjects, who each confessed to scrapping the metal.

The truck cab was valued at $500 and the log feeder, or D-Barker, was valued at $1,000.

The four men will face Blake Batson, prosecuting attorney, in circuit court on Monday, June 23, at 9 a.m.