Cherokee County Arrest Report Wednesday, Aug. 24

Local law enforcement agents have made the following arrests in recent days:

-Tonya Marie Wells for failure to appear on speeding charge.

-Justin Blake Patterson for underage consumption.

-David Orlando Rodriguez for obstructing justice.

-Walter Louis Tucker on revoked bond, unlawful possession of marijuana in the second degree.

-Illya Stephond Henderson for domestic violence in the third degree and non child support.

-Micheal Roy Holcomb for failure to appear on charge of domestic violence in the third degree.

New books at the Rockmart library

New books and movies are now available at the Rockmart Library, located at 316 N. Piedmont Ave. For more information, call 770-684-3022.


All Summer Long – Dorothea Benton Frank

Charcoal Joe – Walter Mosley

The Defender of Shannara: The Sorcerer’s Daughter – Terry Brooks

Foreign Agent – Brad Thor

The Games (A Private novel) – James Patterson

The Highwayman – Craig Johnson

Vengeance – Zane

The House of Secrets – Brad Meltzer

Troublemaker – Linda Howard

Marrying Winterborn – Lisa Kleypas

The Emperor’s Revenge – Clive Cussler and Boyd Morrison


Tipping Point for Planet Earth – Anthony D. Barnosky

The Hunting Ground – Kirby Dick and Any Ziering

Balanced and Barefoot – Hancort

You Don’t Have to Be a Shark – Robert Herjavec

Make: Getting Started with 3D Printing – Wallach Kloski

New Movies:


The Good Dinosaur

Gods of Egypt


Rise of the Legend

Pride and Prejudice and Zombies

Bubble Guppies- Fun on the Farm

Wild Bill Hickok: Swift Justice

Grace and Frankie (Season One)



Hail, Caesar

The Confirmation

I Am Potential

Sofia the First – The Secret Library

Ride Along 2

Cedar Cove (Final Season)

Local law enforcement, Rome Braves gathering supplies to assist Louisiana flood victims

Local leaders in law enforcement are saddened by daily reports of flooding in Louisiana and are calling on the public to help deliver assistance to families displaced by flood waters.

The Rome Braves will be assisting in the effort and will open the parking lot across from State Mutual Stadium. Police and deputies will be on hand to help with unloading of supplies and make the event more convenient for contributors.

The event is scheduled to begin Thursday August 25, 2016 and continue through Saturday August 27, 2016 with hours of 10 a.m. until 8 p.m. every day.

The Rome Braves will additionally be giving away two free tickets to every car for Sunday’s game as a special thank you to the public. Tickets will be available while supplies last.

The law enforcement event is being called “BLUE” – Benefiting Louisiana with Uniformed Encouragement

“The people of Louisiana are reeling from the loss to their state so it’s important for us to bring a unified front of kindness,” said Floyd County Chief Bill Shiflett. “Those folks really need our help and I believe this is a great demonstration of love.”

According to statistics provided by the Georgia Association of Chiefs of Police, more than 40,000 homes have been damaged and approximately 30,000 were rescued from their homes. All of those people are in need of fundamental supplies we take for granted, Shiflett said.

“The flooding in Louisiana brings back painful memories of Katrina for many,” said Floyd County Sheriff Tim Burkhalter. “Though we cannot take the hurt and pain of the past away, we can do something to help soften the blow for the more than 100,000 people who have registered for assistance.

Chief Denise Downer-McKinney, of the Rome City Police Department, says events like this are uplifting for all: “With all the support we have received from our community, we want to pay it forward to the community and our brothers and sisters in Louisiana.”

AutoMax Rent-a-Car is donating a truck to use during the drop off this week and Scott Logistics will be shipping the supplies at no cost from Rome to Louisiana. Scott Logistics has been directly impacted by the floods; the Rome-based company is already helping employees who have been impacted at their Louisiana office.

Officials are asking for donations of toiletries, cleaning supplies, baby formula, diapers, paper products, new underwear in the pack, bath towels, wash cloths, laundry detergent, bleach, lotion, toothpaste, deodorant, soap, body wash, and feminine hygiene products.


All 13 injured people treated, released from Cartersville Medical Center after I-75 wreck

Emerson police officers were trying to determine Monday which vehicle started a 29-car pile-up on Interstate 75.

The chain-reaction crash happened at the Etowah River bridge north of Emerson around 5 p.m. Sunday, Chief Stan Bradley said

Thirteen people, ages 11 to 61, were treated at Cartersville Medical Center for minor abrasions, bruises or general soreness, said Assistant Chief Nursing Officer Jan Tidwell.

By 1 a.m. Monday the last of the patients — from Georgia, Tennessee and Alabama — were released, Tidwell added.

Bradley said officers were interviewing witnesses but it was taking some time to reach everyone who was driving or riding in one of the 29 vehicles involved. What they knew Monday, he said, is that a car traveling north on I-75 had driven into a microburst rainstorm. The car hydroplaned and the driver lost control, slamming into the bridge.

The vehicles behind the crashed car were all following each other too closely, so they couldn’t stop before hitting the vehicle ahead of them, Bradley said.

“It highlights the fact that people need to keep an adequate distance between the cars in front of them,” he said.

For over two hours police and tow trucks were cleaning up after the pile-up. And during that time, Cartersville Medical Center was dealing with an influx of patients.

Tidwell was the administrator on call Sunday. After hearing about the pile-up, she established an incident command center to direct incoming patients to the proper area in the hospital, depending on their injuries.

“The emergency department is extremely busy on a daily basis. However, when we are notified of an anticipated influx of patients, the emergency department goes into a planning and preparation phase,” she said.

Additional staff was initially brought in for support, in case of any life-threatening injuries, Tidwell added, but minimal support was required as the patients were determined to have only minor injuries.

Deputies make arrests and recover stolen 4-Wheeler

Cherokee County Sheriff’s deputies made two arrests in connection to a stolen ATV Monday morning, Aug. 22.

Arrested, according to a press release from Cherokee County Sheriff Jeff Shaver, were Darrell Scott Firestone, 33, of Ragland, and Coley Reaves, 34, of Gadsden, who were both charged with receiving stolen property in the second degree and attempting to elude.

According to Sheriff Shaver, deputies responded to a call of suspicious man and woman on an all-terrain vehicle on the edge of County Road 20, just west of Garrett’s bridge. When the officers attempted to speak to the couple, they started the ATV and attempted to flee but were stopped. The ATV was discovered to be stolen from Hokes Bluff, and the female also has outstanding warrants.

Both were taken into custody and transported to the Cherokee County Detention Center, according to the press release.

Piedmont’s Hayes earns recognition in AHSAA’s Week 0 Spotlight

MONTGOMERY – Piedmont got its defense to last year’s Class 3A state football championship off to a good start Friday, thanks in large part to senior quarterback Taylor Hayes.

Hayes scored the game-winning 5-yard touchdown with 22.1 seconds remaining, lifting the Bulldogs to a 29-22 victory over Cedartown, Ga. He rushed for 73 yards on 17 carries with two scores and also completed 7-of-11 pass attempts for 105 yards and two touchdowns (6 and 49 yards).

The Alabama High School Athletic Association honored Hayes for his effort on Monday in its Week 0 Spotlight.

Hayes and the Bulldogs (1-0) travel to Centre to face rival Cherokee County (0-1) on Friday.

In other statewide happenings, Bob Jones High School senior running back Brad Anderson grabbed the AHSAA Prep Spotlight for the week with a performance of a lifetime.

Anderson had a 99-yard touchdown run in the second half of a 35-14 win over Dorman, S.C., at Madison City Stadium to join an elite group of only 11 before him AHSAA prep football history.

Then, a few minutes later, he did it again – becoming what is believed to the first high school football player in the nation to accomplish such a feat twice in one game. The NFHS does not list records for long plays. None of the other 11 listed in the AHSAA Record Book had two 99-yard runs from scrimmage in their careers.

The 5-foot-8, 170-pound senior finished the game with 17 carries for 310 yards and three touchdowns.

Also, no player in AHSAA history has had two touchdown runs of 99 yards in the same game. In fact, only one other player has been reported with two TD runs over 90 yards, Reayundo Sturdivant accomplished the feat in 2002 with TD runs of 90 and 92 yards in a 46-14 win over Francis Marion.

The last player to enter the AHSAA record books with a 99-yard rush attempt was Westminster Christian’s Jared Smith in a 21-12 win over Oneonta in 2015. Collinsville’s Jalyn Martin had a 99-yard TD run in 2014 in the Panthers’ 41-24 victory over Cedar Bluff. The first player listed with the feat is Joseph Hutto of East Lawrence in a 22-12 victory over Madison County in 1992 – 24 years ago.

The first week’s action was highlighted with special commemorations at Prattville and Foley high schools that honored two of the state’s all-time favorite high school football standouts.

KENNY STABLER NUMBER RETIRED: At Foley, the high school jersey number (12) of recent NFL Hall of Fame inductee, the late Kenny Stabler, became the first number in school history to be retired. The ceremony took place prior to the Lions’ 41-14 season-opening win over Robertsdale Aug. 19.

Stabler, Foley’s quarterback from 1961 through 1963 when the Lions rolled to a 29-1 record and a 23-game winning streak, went on to a standout career at Alabama and in the NFL. He succumbed to colon cancer in 2015. Several members of his family attended Friday night’s ceremony, which in addition to the number retirement, included a Hometown Hall of Fame program presented by the Pro Football Hall of Fame and Ford Motor Company.

After Foley’s current No. 12, Garrett Mayo, completes his prep career, no Lion will wear the jersey again, according to school officials.

“I’ve never played a down of football in my life, but I do know how special this place was to our dad,” Alexa Stabler Adams, one of Stabler’s three daughters, said at the ceremony. “Foley was home. Foley gave Dad the skills to perform at the highest level. It gave Dad the relationships that carried him to Tuscaloosa, to Oakland, to New Orleans, to Houston and, ultimately, back here.”

PRATTVILLE NAMES FIELD IN HONOR OF KEVIN TURNER: Prior to Prattville’s season-opening 55-53 setback to Wetumpka at Stanley-Jensen Stadium Friday night, Prattville High School named the field in honor of former Lions’ standout Kevin Turner.

And in what is believed to be a first, Prattville also named the sideline in front of the Prattville team in honor of longtime local sportswriter, team statistician and PHS historian Jimmy White, 82, who died earlier this year.

White wrote a sports column locally for many years for the Prattville Progress and covered all PHS sports events for more than 60 years. The City of Prattville honored Mr. White by painting his name along with the logo of his beloved Boston Red Sox on the spot where he followed his Lions for over six decades.

Turner, whose life has been documented by HBO, attended Prattville High School where he played on the 1984 Class 6A state championship team. He went on to play at Alabama and in the NFL from 1992-99. Turner, diagnosed with amyotrophic lateral sclerosis (ALS) referred to as Lou Gehrig’s disease, in 2010, died last March. The Kevin Turner Foundation now offers education and support for other ALS victims.

In other highlights from the week:


JATARVIOUS WHITLOW, LAFAYETTE: Rolled up 425 yards total offense, including 279 yards rushing and 146 passing, as the Bulldogs beat Dadeville 44-29. Whitlow rushed for four scores and passed for another.

JORDAN STOVER, HARTSELLE: Ran for 273 yards on 25 carries and scored twice as the Tigers beat I-65 rival Cullman 27-17.

DONTE EDWARDS, DAVIDSON: Rushed for 266 yards and three touchdowns on 18 carries as Davidson opened the season with a 35-28 win over Daphne. Edwards’ first TD came in a 90-yard drive on the first play from scrimmage.

ALARIC WILLIAMS, SOUTHSIDE-GADSDEN: The senior running back had 237 combined yards and five touchdowns in the Panthers’ 48-33 victory over Etowah. Williams rushed 17 times for 187 and four TDs and caught three passes for 50 yards and another score.

QUENTIN YOUNG, CLAY-CHALKVILLE: Rushed for a school record 292 yards on 25 carries and scored four touchdowns (1, 21, 64, 32 yards) in the Cougars’ 53-48 win over Florence. Young’s last touchdown regained the lead for the Cougars late in the come-from-behind win.

TREVELL SMITH, HOUSTON COUNTY: Rushed for 212 yards and four touchdowns from his tailback position and added 10 tackles on defense to help the Lions beat Cottonwood 35-14 and end a 24-game losing streak, the second longest in the state.

MITCHELL BESS, HOUSTON ACADEMY: Rushed for 201 yards and three touchdowns on 22 carries as the Raiders downed Geneva County 28-19.

JONATE COTTON, NEW HOPE: Sparked the Indians to a 15-6 win over Westminster Christian with 199 yards rushing and s 41-yard touchdown run. He also anchored the defense at linebacker.

NICK PHILLIPS, WILSON: Ran for a career-high 193 yards on 29 carries with an 11-yard TD run as Wilson beat Sheffield 17-14.

SAM EVERETTE, MOUNTAIN BROOK: Ran for 191 yards on 18 carries and scored three touchdowns as the Spartans beat Gulf Shores 56-6.

JORDAN JEFFERY, PISGAH: The senior rushed for 190 yards on 11 carries, scored three touchdowns (9, 80 and 20 yards) and two 2-point conversions in a 48-0 win over Section.

ZALON REYNOLDS, CHELSEA: Ran for 183 yards on 29 carries as the Hornets beat Oak Mountain 49-33. Reynolds scored four rushing touchdowns as Chelsea beat Oak Mountain for the first time in five tries.

REED BLANKENSHIP, WEST LIMESTONE: The senior rushed for 101 yards on 11 carries, and threw a 55-yard touchdown late in the game that led to the winning 2-point conversion in a 15-14 win over Tanner. It was the Wildcats’ first win over the Rattlers since 1999 and snapped a four-game losing streak to the Limestone County foe.

ALLEN VINSON, FALKVILLE: Had 170 yards rushing and three scores, but his biggest play came on defense when he made the tackle on Decatur Heritage’s 2-point conversion try late in the game to seal a 20-19 win.


SAM McALPINE, HALEYVILLE: Was 21-of-31 passing for 341 yards and a TD as the Lions recorded their first win over Deshler since 1975 with the 35-12 decision. The Tigers had won 11 straight during that stretch. The two schools’ previous meeting came in 2007 with Deshler winning 44-0.

CONNOR ADAIR, HEWITT-TRUSSVILLE: Completed 27-of-34 passes for 340 yards and two touchdowns in his debut as the Huskies’ starter in a 33-25 comeback win over Montgomery Bell Academy in Nashville. His TD passes covered 70 and 26 yards.

MONTE TURNER, FLORENCE: Passed for 311 yards and a career-high five touchdowns and ran for a sixth score in a 53-48 loss to Clay-Chalkville. His TD passes covered 27, 17, 22, 25 and 49 yards.

SWIFT LYLE, ST. PAUL’S EPISCOPAL: Was 20-of-31 passing for 314 yards and two touchdowns as the defending Class 5A state champions beat Fairhope 41-14. It was Lyle’s debut as the starting QB.

WILL APPLETON, ALBERTVILLE: The quarterback led the Aggies to a 42-13 win over Columbia with 14 rush attempts for 130 yards and 13-of-24 passing for 186 yards and three scores for 316 total yards.

CAM TAYLOR, PRATTVILLE: Combined for 305 yards passing and seven touchdowns (4 passing, 3 rushing) in the 55-53 loss to Wetumpka.

PRESTON HERRING, ARITON: Was 10-of-11 passing for 200 yards and two TDs in a 33-26 win over McKenzie.

ETHAN WILSON, ANDALUSIA: Rushed for 80 yards and a score on nine carries and was 13-of-20 passing for 189 yards and another score as the Bulldogs beat Brooks 34-13.

COLE FREDERICK, HILLCREST-TUSCALOOSA: Completed 12-of-17 passes for 177 yards and three touchdowns and also rushed for 27 yards in a 42-7 Champions Challenge win over Demopolis at Cramton Bowl. All of his the yards came in the first half.

KADARIUS TONEY, BLOUNT: Rushed for 101 yards on nine carries with TD runs of 73 and 11 yards and completed 13-of-25 passes for 181 yards and a TD as the Bobcats beat Vigor 29-20 in the ‘Battle of Prichard’.

CASEY BAYNES, TALLASSEE: In his first start at quarterback, Baynes completed 7-of-8 passes for 180 yards and a 27-yard TD in a 25-0 win over Russell County. He also rushed for 90 yards and a 31-yard TD scamper on 13 carries.

TAYLOR GOVER, EUFAULA: The 15-year-old freshman completed 12-of-14 passes for 199 yards and three touchdowns in his first start with the game-winning TD coming on a 24-yard TD pass to break a tie with 7:44 left as Eufaula beat Early County (GA) 27-13.

KOLBY BRAGWELL, RED BAY: Completed the game-winning 15-yard TD pass to Ricky Thompson with 30 seconds to play as the Tigers beat Colbert Heights 33-26.


KAPE McRAE, ARITON: Hauled in five pass receptions for 153 yards and two touchdowns in a 33-26 Ariton win over McKenzie.

CAL TAYLOR, HALEYVILLE: Caught five passes for 150 yards in a 35-12 win over Deshler 35-12.

JOE GREEN, EUFAULA: Caught seven passes for 126 yards and two touchdowns in the Tigers’ 27-13 win over Early County (GA).

BAILEY DEMPSEY, J.B. PENNINGTON: Had 164 all-purpose yards, including three catches for 73 yards and three touchdowns, in a season-opening 40-0 victory over Brindlee Mountain. He also had four tackles on defense.


JERMAINE ELY, B.C. RAIN: Recovered two fumbles and returned both for scores in a 41-0 win over Chickasaw. His first score covered 55 yards and the second 42. Ely also had 12 tackles and recovered as third Chickasaw fumble for the contest.

KADE LUCIOUS and DEMAREOUS SMITH, ROGERS: Each returned fumbles for touchdowns as Rogers forced seven turnovers en route to a 27-12 win over Lauderdale County. Lucius returned a fumble 55 yards, and Smith returned a fumble 28 yards for a touchdown.

MATTHEW RAINEY, BROOKS: Had 14 tackles in a 34-13 Champions Challenge loss to Andalusia.

DARIUS JONES, ENTERPRISE: Recorded six tackles with four resulting in losses and also had two quarterback pressures as the Wildcats downed Dothan 38-12.

RICKY HALL, PROVIDENCE CHRISTIAN: Was in on 17 tackles, including 11 solos – two for losses and one for a quarterback sack – during a 22-6 loss to Alabama Christian.

JOSH SULLIVAN, ARITON: Registered 12 tackles, one for a loss, in Ariton’s 33-26 win over McKenzie.

CARLTON MARTIAL, McGILL-TOOLEN: Had 12 tackles, including two sacks and another stop for a loss, as the defending Class 7A state champions beat defending 6A champs Spanish Fort 24-3.

LEVON FLETCHER, RANDOLPH: Swiped two interceptions as the Raiders forced nine turnovers in a 28-2 win over Brewer.

DEVIN MARCH, HOUSTON COUNTY: Had 11 tackles, including three quarterback sacks, in a 35-14 in that snapped the Lions’ 24-game losing streak. Teammate Keith Barkley recorded eight tackles with a sack and fumble recovery in the win.

BEN ABERCROMBIE, HOOVER: Had 11 tackles and teammate Kholbe Coleman had eight stops plus an interception he returned 51 yards to set up a score as the Bucs beat Central-Phenix City 23-7.

JARED LOWE, COTTONWOOD: Recorded 11 stops a 35-14 loss to Houston County. Don Mathis also had 10 tackles for the Bears.

MARCUS SHELTON, BESSEMER CITY: Had eight tackles, including five sacks, as the Tigers limited Central-Tuscaloosa to minus-15 yards rushing in the first half of the 26-0 shutout win.

DAMARIUS FARMER, SPAIN PARK: Intercepted a Gadsden City pass on the Titans’ final play of the game to seal Spain Park’s 21-17 victory.

JARIOUS UPSHAW, CENTRAL-PHENIX CITY: Had 10 tackles in the Red Devils’ 23-7 Champions Challenge loss to Hoover.

ELLIS DYKES, HOUSTON ACADEMY: Had an interception at the 7-yard line in the fourth quarter and a fumble recovery in the first half during the Raiders’ 28-19 win over Geneva County.


JEREMY AMBURGERY, DALE COUNTY: Blocked two punts, one that teammate Josh Mauldin returned for a touchdown, during the Warriors’ 14-6 loss to Headland.

BARRETT PICKERING, HOOVER: Booted three field goals in the second half as Hoover beat Central-Phenix City 23-7 in the Champions Challenge at Cramton Bowl. Pickering also kicked two extra points in the second quarter to finish with 11 points. He also punted four times for a 35.6-yard average.

ETHAN DELAY, LYNN: Sparked the Bears’ 66-0 win over Brilliant by returning a punt 57 yards for a touchdown. He also had six carries for 192 yards and four more scores in the win.

AHKIM WALDEN, DOTHAN: Kicked field goals of 32 and 42 yards in Dothan’s 38-12 loss to Enterprise.

JAYDEN WASHINGTON, LEEDS: Returned a second-half touchdown 98 yards as the defending Class 4A state champions beat Lincoln 21-7. He also had a rushing touchdown.

Gordon County Sheriff Mitch Ralston, Sheriff’s Auxiliary and Northwest Georgia Sheriffs sending aid to flood-stricken areas in Louisiana

According to Gordon County Sheriff Mitch Ralston, Northwest Georgia Sheriffs and the Gordon County Sheriff’s Office Auxiliary are in the process of assembling aid supplies for flood stricken East Baton Rouge Parish in Louisiana. Sheriff Mitch Ralston and the Auxiliary, along with Whitfield County Sheriff Scott Chitwood, Walker County Sheriff Steve Wilson, Murray County Sheriff Gary Langford, Catoosa County Sheriff Gary Sisk, Dade County Sheriff Ray Cross and Chattooga County Sheriff Mark Schrader are organizing the relief effort.

This area has been ravaged by floods for days caused by unusually heavy rains. Thousands have been displaced in what the Red Cross called the “biggest natural disaster since Hurricane Sandy.” An official from the East Baton Rouge Sheriff’s Office told Sheriff Ralston’s staff that more than 50 percent of the parish (county) is underwater. The supplies will be trucked to Louisiana with an escort of deputy sheriffs and turned over to East Baton Rouge Sheriff Sid Gautreauex’s staff for distribution.

Sheriff Gautreauex’s Operation Center Commander advised Sheriff Ralston that the items most urgently needed are new clothing and shoes: all genders/sizes/ages; and toiletries, male and female items. The county cannot accept used clothing. Donations are welcome.

Donated items will be accepted at the GORDON COUNTY SHERIFF’S OFFICE at 2700 US Highway 41 (off I-75 Exit 320), beginning at 8 a.m. Tuesday, Aug. 23 during normal business hours (8 a.m. – 5 p.m.) and on Saturday, Aug. 28 beginning at 8 a.m. 

Sheriff Ralston encourages everyone to join in this relief effort. The supplies will be transported as soon as the trailer is filled.

Attorney General Strange announces nationwide stay of Obama Education Department Transgender Restroom Guidance

(MONTGOMERY) – Attorney General Luther Strange announced that a federal court judge has granted a motion for a preliminary injunction by Alabama and 12 other states staying the Obama administration’s transgender school restroom access order. The U.S. District Court ruling allows schools in Alabama and nationwide to keep in place their current gender-based restroom and locker room policies.

“The court decision is a victory for parents and children all across Alabama,” said Attorney General Strange. “I joined the multi-state lawsuit against the Obama administration in May to prevent Alabama schools from being forced to surrender their restroom access policies to social experimenters in Washington. I am pleased the federal court has agreed to our request to stay the controversial order while our lawsuit challenging the legality of the transgender order continues.”

On May 13, 2016, the U.S. Department of Education and U.S. Department of Justice jointly announced that schools must allow students access to restrooms and locker rooms of their gender “identity” rather than their sex, or lose federal funding.

On May 27, 2016, Attorney General Strange advised the Alabama Board of Education, which governs K-12 public schools, that it did not have to follow the federal guidance until the multi-state lawsuit is addressed in federal court.

The 13 states that filed the lawsuit requesting the stay include Alabama, Arizona, Georgia, Kentucky, Louisiana, Maine, Mississippi, Oklahoma, Tennessee, Texas, Utah, West Virginia and Wisconsin.

Police: Man damaged fish tank, furnishings, walls, stole television, Playstation

A Rome man was in jail without bond Sunday after being accused of causing more than $1,000 worth of damage to a residence and his roommate’s property.

According to jail reports:

Zachary Bo Thacker, 28, of 5 Elliot Circle, damaged a couch, a recliner, tables, an entertainment center, a fish tank, and an inside door and put holes in the walls on Aug. 18. The damage is valued at over $1,000.

Thacker also stole his roommate’s 55-inch television and a Playstation 4. The stolen items are valued at $1,200.

Thacker was arrested on a felony warrant on Saturday.

He is charged with felony first-degree criminal damage to property and misdemeanor theft by taking.