The Humidor and Liquid Smoke

We were minding our own business, not bothering anybody—which is the Stockard way—talking about the future of bars and restaurants on the Public Square one evening when a strange thing happened. Pulse Publisher/Editor in Chief Bracken Mayo, former 3 Brothers owner Rob Fortney and I were evacuated from the Sims Realtors building by a Rutherford County Sheriff’s officer.

At first, we thought he was joking when he said we had to get out, but then he informed us a substance had made someone sick at the Judicial Building, which is four doors down, and that we needed to go out the back door and walk away from Judicial Building.

Being a workaholic, I asked if I could at least log out of my computer and pack up my stuff so I could keep my nose to the grindstone. I can’t function without my mobile office. He said I could, and then we got the heck out of there.

Out on the street, the Public Square’s north side was bedlam. The poor cigar smokers who gather every evening in front of The Humidor were unceremoniously booted out. People walked around speculating about the problem, guessing the cause was anything from an exploded aerosol can to anthrax in the mail. (I know the mailman, and he can’t be trusted.)

Emergency workers from across Murfreesboro and Rutherford County descended on the Judicial Building to search for the toxic substance that apparently caused someone working in the third-floor clerk’s office to get sick. Fire trucks, police cars, a command unit, rescuers, hazardous materials experts arrived. They even called in Homeland Security and the FBI.

We had enough firepower out there to liberate Ukraine.

But if you’ve been around downtown Murfreesboro long enough, you’re accustomed to bomb threats at the Judicial Building. When someone doesn’t want to show up at court, they threaten to kill a judge and the building closes down for half the day. Security doesn’t have much choice but to take everything seriously.

Most of the time, however, when a threat is made or something smells like it’s burning in one of the electrical areas, security evacuates nothing but the Judicial Building. This time, though, everybody on the north side of the Square got kicked out. Yellow tape went up and folks were kept out, left to gawk at the beehive of emergency personnel activity.

Five hours later, after firefighters in hazardous-materials uniforms covered every square inch of the building several times, they determined the threat was “unfounded.”

Hooray.

But this ain’t over. Some inquiring minds got to thinking: Why were Liquid Smoke and The Humidor evacuated that night while Maple Street Grill, Wall Street and Marina’s, which are closer to the Judicial Building, were allowed to stay open? After all, if noxious fumes really were floating around, wouldn’t they drift west across Maple Street as well as east toward Church Street?

And here’s the odd thing: When questioned about the evacuation strategy a few days later, the sheriff’s department said it had not called for every building to be cleared on the north side of the Square and that it had told personnel only to keep people from walking near the Judicial Building.

But Mayo, who shares an office with me, confirmed that I wasn’t crazy, that we were told to “evacuate” that night. We were sitting only about 6 feet apart when the sheriff’s officer ordered us out.

So if the sheriff’s department is telling the truth, maybe we were hearing things, and that means Liquid Smoke and Humidor owner Mike Lamure cost himself more than $1,000 that night. Lamure says that’s about how much he lost, because The Humidor shut down for half a day and by the time the evacuation—or alleged evacuation—ended that night, it was 9 p.m., and the damage was done. Lamure didn’t bother opening Liquid Smoke.

Oddly enough, not two minutes before we were summarily sent out, Fortney mentioned how difficult it is to run a business in downtown Murfreesboro. His former business, 3 Brothers, had just closed its bar on the east side of the Public Square, about a year and a half after moving from its popular location on West Main Street. Rooster’s, which used to host 2Country4Nashville on Tuesday nights at the former 3 Brothers location, also closed recently and moved to Texas.

Big Bang Dueling Pianos is replacing 3 Brothers, and The Alley Steakhouse is filling the former Rooster’s spot. Kudos to anyone who tries to run a small business, especially one in downtown Murfreesboro. But let’s hope they don’t get shut down by an alleged evacuation. One hit on a night’s worth of business can be expensive, especially if it wasn’t necessary or even ordered. . . .

What did he say?
Otho Dunaway perked up some ears recently when he testified in Circuit Court on a motion by the district attorney’s office to revoke the license of AAAA Bonding Co. to write bail bonds.

Melissa Harrell

Dunaway’s wife is newly-elected Circuit Court Clerk Melissa Harrell, who turned the bonding company over to him, thinking that she could still run the office and abide by state law, which prohibits clerks from having direct or indirect benefit from a bonding company. The clerk’s office oversees bail bonding companies to make sure they follow state law, and Circuit Court judges have authority over whether bail bonds are forfeited or extended.

Anyway, AAAA Bonding contended that Dunaway and Harrell don’t commingle their money, that it’s all separate, therefore she wouldn’t benefit from his owning the company.

During testimony, Dunaway said, “I pay nothing” toward household expenses. He said money he made from working for AAAA the last 13 or 14 months went toward child support payment. He testified that he sold a franchise and made nearly $60,000 that he uses to pay for his own expenses such as a car payment and fuel.

Answering questions from Assistant DA John Zimmerman, Dunaway acknowledged he has bought Harrell some items but not with money he made working for AAAA.

Asked if they ever go out to eat at Olive Garden or any other local restaurant, Dunaway said Harrell works so much these days they hardly have any time to eat out anymore.

But he answered possibly the most telling question from Judge Ben Cantrell, who heard the case after all other judges recused themselves. A trust was set up to run the company until Dunaway could obtain the two years of bail-bonding experience needed to take over.

Cantrell asked what benefit he would receive once he assumes control of the company. To which Dunaway answered, “I don’t seek benefit.”

Do you think the judge believed that? Why would anyone take over a company and spend dozens of hours running it every week for no benefit?

Call me crazy, but it’s as if Harrell wanted to keep operating the bail bond business while running the Circuit Court Clerk’s office. Maybe she needs steady money to pay bills.

Earlier, Dunaway testified he paid $20,000 to acquire the company but later said he got it for no consideration. He also said he took on an $800,000 liability with ownership.

Anyway, after the hearing, some wisecrackers (not me, of course), said, “Where can I find a wife like that?”

Incidentally, the judge ruled that AAAA Bonding’s license should be revoked.

Jennings Jones

Party clash
Newly-elected District Attorney Jennings Jones, a Republican, filed the motion to revoke the operating license for AAAA even though Harrell also was elected as a Republican.

Jones more or less apologized to Dunaway in the courtroom after the judge ordered the revocation of AAAA’s bail-bonding business. But, ethically, he didn’t have much choice but to enforce the law.

Looming questions
Well before the Aug. 7 election, Democratic candidate Avent Lane challenged Harrell’s candidacy because she had not divested herself of the bonding company and still had outstanding bonds totaling $30,000 that stretched back to 2010, and had received 14 court extensions for two men who fled to the United Kingdom.

State law says that you’re ineligible if you have a “judgment unpaid” to the nation, state or county, and those “who are defaulters to the treasury at the time of the election” are ineligible “and the election of any such person shall be void.”

When the state Division of Election was asked when those rules kick in, it said the critical point is Election Day, not the early-voting period. Well, Election Day came and went, then the swearing-in took place. Did Harrell incorrectly state that she was eligible for office?
Based on the judge’s ruling, Harrell had an indirect benefit after she was sworn in because AAAA wrote 16 bail bonds before the DA filed his motion. Court testimony shows that.

Jones filed motions to stop AAAA from operating. But what about the question: Did Harrell take office in violation of the law?

I suppose someone will have to take legal action to force a decision. The DA’s office may have to be compelled to ask the question.