40 years to serve 15: Cloer accepts plea deal in McKinney murder case

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Blue Ridge, Ga. – There was a noticeable absence at the preliminary hearing that was held regarding the death of Justin McKinney and the deadly assault of Anna Franklin.

In the courtroom were Blake Dickey (also known as Blake Dye), Hunter Hill, and attorney Bruce Harvey who spoke on behalf of his client Levi Manuel. All three boys have been accused in the shooting death of McKinney that took place on Dec. 4, 2018.

Not in the courtroom during this initial phase was the fourth juvenile accused in the case, Lakota Cloer, and while his attorney Charles Fulcher was present, unlike Harvey, he did not speak to his client’s absence.

After bond was denied in the case of accused shooter Blake Dickey, the courtroom cleared, and Lakota Cloer was brought in. Cloer’s family, along with family members of Justin McKinney, watched as Cloer plead guilty to lesser charges. Emotions were high on both sides.

Appalachian Judicial Circuit District Attorney B. Alison Sosebee spoke first, “We have reached a negotiated plea offer. This is a 3 count felony accusation.”

Fannin County, Georgia, Blue Ridge, Murder, 15 Year Old, 16 Year Old, Blake Dickey, Hunter Hill, Appalachian Judicial Circuit Superior Court, Judge, Brenda Weaver, Public Defender, Clint Hooker, Attorney, David Farnham, District Attorney, B. Alison Sosebee, Justin McKinney, Anna Franklin, GBI, Georgia Bureau of Investigation, Fannin County Sheriff's Office, Gainesville Regional Youth Detention Center, Elbert Shaw Regional Youth Detention Center, Fannin Regional Hospital, Drugs, Dalton Manuel, Lakota Cloer, Special Agent, Jamie Abercrombie, Dustin Hamby, Captain, Justin Turner, Investigator, John Arp, Chief Deputy, Major Keith Bosen, Elrod Lane, Maple Grove Road, Chase Havard, Kevin Shamaty, Lakota Cloer, Levi Manuel, Bruce Harvey

16 year old Lakota Cloer was arrested in Dec. 2018 for his role in the McKinney murder.

Sosebee explained that family members of the victims had been notified of this deal, and that there had been extensive discussions with defense attorney Fulcher.

The new charges that were agreed upon as part of this arrangement are:

1 Count Aggravated Assault : This charge is in relation to victim Justin McKinney. Cloer is being charged in aiding and abetting in this crime, as well as having knowledge of the crime.

1 County Robbery by Intimidation: This charge is in relation to the motive that ultimately ended in the death of McKinney and the serious injury of Franklin. As with the other charges this applies to Cloer since he engaged in discussion and planning of the crime. Along with aiding and abetting Cloer also admits to providing a gun to co-defendant Levi Manuel.

1 Count Aggravated Assault: This charge is in relation to victim Anna Franklin. Cloer admits guilt to intentionally aiding and abetting in this crime that involved the use of a deadly weapon.

By reaching a plea bargain, Cloer waived several rights including that to have a trial by jury and for his case to be seen in front of a grand jury.

It was revealed during this hearing that Cloer had previously been diagnosed with bipolar disorder and had been and is currently on medication to combat symptoms. Despite this diagnosis no competency or psychological testing was performed to evaluate Cloer’s state of mind.

Fulcher having spoke with his client, Cloer, on many occasions felt that he was competent to make decisions and said to the court: “I don’t have any concerns whatsoever about his competency. He understands the consequences of the decisions that he makes today.”

Appalachian Judicial District Chief Superior Court Judge Brenda Weaver asked Cloer a series of questions to satisfy the court of Cloer’s competency and to have a record of his replies.

Weaver also questioned Cloer’s mother, Amanda McGaha, about her feelings on her son’s mental state and if she felt Cloer understood what was happening in the courtroom. McGaha replied that she was confident that her son understood the proceedings now that he was on proper medication.

Cloer was able to reply clearly to each question asked by Judge Weaver which allowed the proceedings to move forward.

Weaver explained that sentencing for his plea would take place that day, but that a restitution hearing would be scheduled at a later date. A restitution hearing will determine what, if any, payments Cloer will have to pay to the victims for the harm caused by his wrongful acts.

After thoroughly explaining what a plea deal means and giving a detailed account of what rights Cloer would be waiving by pleading guilty and accepting the charges, Weaver asked Cloer, “Has anyone used any force, threat, pressure, or intimidation that caused you to enter this plea?”

Cloer replied, “No, you honor.”

Fannin County, Georgia, Blue Ridge, Murder, 15 Year Old, 16 Year Old, Blake Dickey, Hunter Hill, Appalachian Judicial Circuit Superior Court, Judge, Brenda Weaver, Public Defender, Clint Hooker, Attorney, David Farnham, District Attorney, B. Alison Sosebee, Justin McKinney, Anna Franklin, GBI, Georgia Bureau of Investigation, Fannin County Sheriff's Office, Gainesville Regional Youth Detention Center, Elbert Shaw Regional Youth Detention Center, Fannin Regional Hospital, Drugs, Dalton Manuel, Lakota Cloer, Special Agent, Jamie Abercrombie, Dustin Hamby, Captain, Justin Turner, Investigator, John Arp, Chief Deputy, Major Keith Bosen, Elrod Lane, Maple Grove Road, Chase Havard, Kevin Shamaty, Lakota Cloer, Levi Manuel, Bruce Harvey

Cloer sets alongside accused Levi Manuel at a first appearance in Fannin County.

With that the sentence was handed down.

For the first Count of Aggravated Assault in relation to Justin McKinney, Cloer is sentence to 20 years having to serve 15 of those years in the Georgia State Prison System.

The second Count of Robbery by Intimidation will have Cloer serving 10 years in the Georgia Prison System. This sentence is to run concurrent with the sentencing from Count One.

Lastly, Cloer was sentenced to 20 years of probation for the Aggravated Assault of Anna Franklin. This sentence is to run consecutively with the sentencing from Count One.

Overall, Cloer received a 40 year sentence, 15 of those years to be served in prison with the remaining 25 years to be served on probation.

A victim impact statement prepared by McKinney’s mother, Debra McKinney Bignardi, was read by District Attorney Sosebee.

According to this statement, at the time of McKinney’s murder the family was also dealing with the impending loss of one of McKinney’s nephews “who spent his last days on Earth mourning the loss of his uncle”.

Bignardi was left wondering why. Why the death of her son, why if he had done something wrong that the boys did not feel that he too deserved a fair trial as they were getting.

She noted 6 families were victims of this crime, and that by taking the life of her son, Justin McKinney, that the boys had also in a sense taken their own lives, and that all the families are left to mourn the future.

Bignardi pleaded that the boys be able to find programs while in prison to provide some sort of rehabilitation: “Our hope is that when these young men are released from prison they are not worse off than when they went in.”

After the emotional victim impact statement was read, Judge Weaver spoke to the court, “It is never easy to sentence young people.”

“This is a tragedy in every sense of the word,” Weaver went on and expressed hope that others will learn from this. Weaver stated that she hopes for youth to recognize and stay away from activities that can lead to criminal behavior, and that parents will be more involved in their children’s lives, knowing who they are with and knowing where they are.

Weaver concluded the hearing by saying, “My heart goes out to all of the individuals involved in this case.”

As court was recessed Cloer was allowed to briefly speak to his family. The group shared a very emotional goodbye before Cloer was escorted out of the Fannin County courtroom to begin his sentence for his part in the McKinney murder case.

You can read more about the McKinney Murder Case by following the links below:

Fatal Shooting in Fannin County

Details Emerge Surrounding Murder Case in Fannin County

Two More Arrested in McKinney Murder Case

McKinney Murder. What Happened That Night. FYN Exclusive Interview With Survivor Anna Franklin

“Pop and Rob”: McKinney Murder Motive Revealed By Prosecution

Bond Denied for Accused McKinney Killer

 

Fetch Your News is a hyper local news outlet that attracts more than 300,000 page views and 3.5 million impressions per month in Dawson, Lumpkin, White, Fannin, Gilmer, Pickens, Union, Towns and Murray counties as well as Cherokee County in N.C. FYNTV attracts approximately 15,000 viewers per week and reaches between 15,000 to 60,000 per week on our Facebook page. For the most effective, least expensive local advertising, call 706-276-6397 or email us at advertise@FetchYourNews.com

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Natalie Kissel

Natalie@FetchYourNews.com

Bond denied for accused McKinney killer

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Blue Ridge, Ga. – Only one of the four accused in the McKinney murder case sought bond after the preliminary hearing took place in a Fannin County Courtroom.

Appalachian Judicial Circuit Superior Court Judge Brenda Weaver presided over the case and as the preliminary hearing came to a close stated, “The Court does find that probable cause has been established.”

The State had met their burden of proof in establishing a case against the boys being charged with Malice Murder, Felony Murder, Aggravated Assault, and Aggravated Battery. Now the burden of proof fell upon the defense to satisfy reasoning for letting any of the boys out on bond.

Fifteen year old Blake Dickey (also known as Blake Dye) sat alongside his attorney David Farnham as the court began the bond hearing.

Farnham argued that his client, Dickey, should be considered for release, and did in fact satisfy all the factors required by state law in Georgia for this consideration.

According to Farnham, Dickey had no prior convictions and had never been involved in anything violent in his life. If released Dickey did not pose a threat to the community and was not a risk for intimidation of any witnesses.

Farnham went on that if the court granted bond, Dickey would return to school where he would be supervised by a panel of teachers and that Dickey would begin residing with his mother where he would be under constant supervision at home.

Lastly Farnham pointed out that both of Dickey’s parents reside in Fannin County and said, “”He’s not a flight risk, Judge. His entire family is here.”

Fannin County, Georgia, Blue Ridge, Murder, 15 Year Old, 16 Year Old, Blake Dickey, Hunter Hill, Appalachian Judicial Circuit Superior Court, Judge, Brenda Weaver, Public Defender, Clint Hooker, Attorney, David Farnham, District Attorney, B. Alison Sosebee, Justin McKinney, Anna Franklin, GBI, Georgia Bureau of Investigation, Fannin County Sheriff's Office, Gainesville Regional Youth Detention Center, Elbert Shaw Regional Youth Detention Center, Fannin Regional Hospital, Drugs, Dalton Manuel, Lakota Cloer, Special Agent, Jamie Abercrombie, Dustin Hamby, Captain, Justin Turner, Investigator, John Arp, Chief Deputy, Major Keith Bosen, Elrod Lane, Maple Grove Road, Chase Havard, Kevin Shamaty, Lakota Cloer, Levi Manuel, Bruce Harvey

Accused Blake Dickey (left) sits next to accused Hunter Hill at a previous hearing.

The Appalachian Judicial Circuit District Attorney, B. Alison Sosebee stepped in and presented her thoughts regarding the bonding of Dickey.

Sosebee pointed out that prior to the arrest Dickey was residing with the Hill family and added of the boys, “They were in an unsupervised environment, that clearly allows them to travel at will.”

While Farnham had stated his case for release, Sosebee argued that he had failed to present sufficient evidence backing his claims, which is required by Georgia law for cases of this nature: “there has been no evidence presented on behalf of the defendant in this case.”

After hearing both sides, Judge Weaver denied bond for Dickey agreeing that the burden of proof on the defense’s behalf had not been satisfied. Weaver added to this, “The issue of supervision has been in the Court’s mind during most of this hearing.”

Attorney Karen Shelley opted to not file a motion for a bond hearing at the time, leaving her client, accused 15 year old Hunter Hill to remain in a juvenile detention facility for the time being.

A third party in the group of juveniles accused, Levi Manuel, will have a preliminary hearing and possible bond hearing at a later date. This comes from Manuel recently switching his legal representation.

Attorney Bruce Harvey of Atlanta, Ga. will now represent Manuel in the McKinney murder trial. This move came as a surprise to the court and to Manuel’s previous council attorney Andrew Wehunt.

Judge Weaver noted that while she had received Harvey’s appearance filing that she did not see a withdraw from Wehunt, and thought that Wehunt might have been taken off guard by this move.

Harvey, the high profile Atlanta based attorney, has represented his fair share of clients in Manuel’s position and was already making moves in the courtroom as he asked for a delay in Manuel’s first appearance / bond hearing.

According to Harvey, Manuel’s previous council had filed a motion for a psychological and competency evaluation to find out if the boy was capable of standing trial. This evaluation was never completed and Harvey felt that moving forward without this information would not be in his or his client’s best interest.

Judge Weaver along with District Attorney Sosebee agreed to have this testing done and postpone the first appearance hearing. Manuel’s hearing has tentatively been moved to take place on Feb. 18, 2019.

You can read more on the McKinney Murder Case by following the links below:

Fatal Shooting in Fannin County

Details Emerge Surrounding Murder Case in Fannin County

Two More Arrested in McKinney Murder Case

McKinney Murder. What Happened That Night. FYN Exclusive Interview With Survivor Anna Franklin

“Pop and Rob”: McKinney Murder Motive Revealed By Prosecution

Fetch Your News is a hyper local news outlet that attracts more than 300,000 page views and 3.5 million impressions per month in Dawson, Lumpkin, White, Fannin, Gilmer, Pickens, Union, Towns and Murray counties as well as Cherokee County in N.C. FYNTV attracts approximately 15,000 viewers per week and reaches between 15,000 to 60,000 per week on our Facebook page. For the most effective, least expensive local advertising, call 706-276-6397 or email us at advertise@FetchYourNews.com

Author

Natalie Kissel

Natalie@FetchYourNews.com

“Pop and Rob”: McKinney murder motive revealed by prosecution

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Blue Ridge, Ga. – The prosecution painted a picture of what took place in the early morning hours of Dec. 4, 2018 that left one Fannin County resident, Justin McKinney, dead and another, Anna Franklin, seriously injured.

According to the state’s findings, the McKinney murder was not a case of revenge but rather a cold blooded, premeditated murder, in which the juveniles involved intended to “pop and rob” the victims.

Georgia Bureau of Investigation (GBI) Special Agent Jamie Abercrombie was assigned to the case when Captain Justin Turner of the Fannin County Sheriff’s Office (FCSO) contacted GBI for assistance with the murder.

Special Agent Abercrombie recalled listening to the 911 call placed by victim Anna Franklin the night of the murder.

“Hunter Hill and Blake Dickey were at her (Franklin’s) residence at the time of the shooting,” Abercrombie said recollecting Franklin’s initial call for help, “and that is how I first learned of Mr. Hill and Dickey.”

Fannin County, Georgia, Blue Ridge, Murder, 15 Year Old, 16 Year Old, Blake Dickey, Hunter Hill, Appalachian Judicial Circuit Superior Court, Judge, Brenda Weaver, Public Defender, Clint Hooker, Attorney, David Farnham, District Attorney, B. Alison Sosebee, Justin McKinney, Anna Franklin, GBI, Georgia Bureau of Investigation, Fannin County Sheriff's Office, Gainesville Regional Youth Detention Center, Elbert Shaw Regional Youth Detention Center, Fannin Regional Hospital, Drugs, Dalton Manuel, Lakota Cloer, Special Agent, Jamie Abercrombie, Dustin Hamby, Captain, Justin Turner, Investigator, John Arp, Chief Deputy, Major Keith Bosen, Elrod Lane, Maple Grove Road, Chase Havard, Kevin Shamaty, Lakota Cloer, Levi Manuel

Accused Hunter Hill (15) and Blake Dickey (15) set in a Fannin County Courtroom at a previous appearance.

Both Dickey and Hill knew the victim McKinney well and had been to his home on numerous occasions to buy marijuana.

The scene at 135 Elrod Lane in Morganton, Ga. was laid out, as Abercrombie described walking into the single-wide trailer. The kitchen and living room had an open floor plan and there was a bedroom located on either side of this main area.

After walking up the ramp that led to the front door, Abercrombie said of what she saw when she entered the home, “Mr. McKinney was deceased in the floor of the kitchen area and the wood-stove area.”

There was a single spent 410 shotgun shell located at the scene, and this was the weapon used on McKinney. According to Abercrombie, “He had been shot in the back of the head.”

Franklin who had already been taken to the hospital had been shot through the arm, which she had used to shield her face during the attack, and the bullet, unable to be removed, remains in her neck.

Two .25 caliber shell casings were found at the crime scene. These belonged to the weapon used to attack Anna Franklin.

Abercrombie later learned that a third resident of the home had been present the night of the shooting. Donald Majors was asleep in the second bedroom when the shooting occurred, but having drank heavily before retiring Majors did not even know a shooting had occurred.

“They (FCSO) woke him up. He was asleep in his room and law enforcement woke him up,” Abercrombie told the story of Majors being unable to provide any details of the night during her interview process.

Abercrombie, along with GBI Special Agent Dustin Hamby, located both Dickey and Hill at Fannin County High School the next day, and by coordinating with school staff were able to apprehend the two fifteen year olds in the principal’s office and take them in for questioning.

“He was not truthful with me in the beginning,” Abercrombie said of her interview with Dickey.

After a short time Dickey did tell his story of the night and admitted that he had been the one to kill McKinney with the shotgun. Dickey stated to Abercrombie that they had planned it out and that they had planned to shoot both McKinney and Franklin.

Dickey did claim that the killing was done out of revenge. According to Dickey, McKinney had been selling Hill’s older brother, Logan Hill, methamphetamine (meth) and that Logan had become severely addicted and was injecting the drug.

This addiction had left Logan hospitalized, and McKinney was the one who provided the meth. Dickey was the only juvenile involved that Abercrombie heard this motive from at that time.

Hill who was interviewed by Special Agent Hamby backed up Dickey’s recollection of events, and both boys were arrested on the spot.

Fannin County, Georgia, Blue Ridge, Murder, 15 Year Old, 16 Year Old, Blake Dickey, Hunter Hill, Appalachian Judicial Circuit Superior Court, Judge, Brenda Weaver, Public Defender, Clint Hooker, Attorney, David Farnham, District Attorney, B. Alison Sosebee, Justin McKinney, Anna Franklin, GBI, Georgia Bureau of Investigation, Fannin County Sheriff's Office, Gainesville Regional Youth Detention Center, Elbert Shaw Regional Youth Detention Center, Fannin Regional Hospital, Drugs, Dalton Manuel, Lakota Cloer, Special Agent, Jamie Abercrombie, Dustin Hamby, Captain, Justin Turner, Investigator, John Arp, Chief Deputy, Major Keith Bosen, Elrod Lane, Maple Grove Road, Chase Havard, Kevin Shamaty, Lakota Cloer, Levi Manuel

District Attorney B. Alison Sosebee at a previous appearance with defendant Lakota Cloer (16) present.

When left alone with FCSO Chief Deputy, Major Keith Bosen, Hill is noted as claiming if given the chance, he would do it again.

Dickey also mentioned that 16 year old Lakota Cloer had driven them to the residence on Elrod Lane. This was the first mention of someone other than Dickey and Hill being involved, but more would come forward that would implicate Cloer as well.

Another individual came forward on night of Wednesday Dec. 5, 2018. Chase Havard voluntarily arrived at the Fannin County Sheriff’s Office and told staff that he had information regarding the McKinney murder.

Abercrombie said, “Havard provided a written statement.” The Special Agent also told about how Havard shed light onto the shooter of Franklin.
Havard was visiting a friend, Kevin Shamaty, who resided at the Cloer residence on Dec. 3. It was during this visit that Havard recalled Hill, Dickey, Cloer and another individual, 15 year old Levi Manuel, were discussing the plans to “pop and rob” McKinney.

According to the interview with Havard, Hill said that the four were “going to rob someone who had marijuana and pills” and asked Havard if he wanted in. Hill also told Havard that they were going to shoot everyone there and take whatever they have.

Havard declined and left with friend Shamaty to go to Walmart. Shamaty received a call later that night in the early morning hours of Dec. 4 from Cloer. Cloer stated that he was on Maple Grove Road and was in need of gas.

Havard and Shamaty drove to meet Cloer and gave him gas for his truck. Cloer was by himself and told Havard that he had dropped off Hill, Dickey and Manuel on Elrod Lane.

Having not heard from Manuel, Havard and Cloer went to look for the three. Shamaty parked at a church and waited for Havard to return.

As Havard walked down Elrod Lane, he says that he saw a light and heard “it’s me” in a voice that he recognized as Manuel.

Once back to Cloer’s truck the juveniles, along with Havard, met Shamaty and proceeded back to the Cloer residence.

“Mr. Hill had made statements that everyone was dead,” Abercrombie recalled Havard’s testimony. Havard also stated that Manuel made comments that he had unloaded a clip into the girl and that Hill, who was last out of the residence, stated that he had finished Franklin off and killed Majors.
The boys at this point believed that everyone in the home was deceased.

Havard stated that Manuel was the one who had the .25 caliber handgun, and admitted that he had advised Cloer to dispose of the weapon.

Cloer attempted to scratch off the serial numbers on the handgun before getting rid of the weapon. Shamaty then drove Havard and Cloer to the “cliffs at Nottely Lake” where Cloer threw the gun into the water.

Havard later took FCSO Investigator John Arp and GBI Special Agent Abercrombie to Nottely Lake and showed where the handgun had been thrown. With the help of divers the gun was recovered.

The shotgun was also recovered. Manuel who was residing at the Cloer residence at the time of the murder, gave investigators the gun which had been hidden between the mattresses in his bedroom.

Fannin County, Georgia, Blue Ridge, Murder, 15 Year Old, 16 Year Old, Blake Dickey, Hunter Hill, Appalachian Judicial Circuit Superior Court, Judge, Brenda Weaver, Public Defender, Clint Hooker, Attorney, David Farnham, District Attorney, B. Alison Sosebee, Justin McKinney, Anna Franklin, GBI, Georgia Bureau of Investigation, Fannin County Sheriff's Office, Gainesville Regional Youth Detention Center, Elbert Shaw Regional Youth Detention Center, Fannin Regional Hospital, Drugs, Dalton Manuel, Lakota Cloer, Special Agent, Jamie Abercrombie, Dustin Hamby, Captain, Justin Turner, Investigator, John Arp, Chief Deputy, Major Keith Bosen, Elrod Lane, Maple Grove Road, Chase Havard, Kevin Shamaty, Lakota Cloer, Levi Manuel

Accused Levi Manuel (15) and Lakota Cloer (16) at previous hearing regarding McKinney murder case.

Manuel was later interviewed and told his side of the events that night. He claimed to not know Justin McKinney.

Stepping outside briefly after the three boys entered the home, Manuel said that he heard a gunshot, and rushed back inside. Once inside he saw Dickey standing over McKinney’s body.

At this point Manuel says that he aimed his gun above Anna Franklin and shot. Manuel admits to having shot the gun more than once. According to Abercrombie, Manuel claims “they got scared and ran out and forgot to take anything”.

Much like the Manuel and Havard account, Cloer paints Hill as the mastermind behind the crime, saying that Hill presented the entire idea and said that he knew someone they could “pop and rob”.

According to Abercrombie, Cloer also stated that “Mr. Dickey follows whatever Mr. Hill does”.

“Mr. Cloer knew that pop meant to kill and Mr. Hill made statements they would kill him (McKinney) and take what he had,” Abercrombie told of Cloer’s testimony and added that the boys had intended to steal marijuana and pills.

Cloer says that Hill never mentioned his brother, Logan Hill, never mentioned revenge and did not show any anger about McKinney.

According to Abercrombie, “Mr. Cloer stated that Mr.Hill stated that his motive was specifically to rob McKinney and kill him.”

Cloer admitted to his involvement saying that he did give Manuel the handgun that he later tried to alter and dispose of, and that he was also the driver that dropped the boys off.

After the testimony of GBI Special Agent Abercrombie was complete, Appalachian Judicial Circuit Superior Court Judge Brenda Weaver made the ruling to move forward with the charges against Hill, Dickey, Cloer and Manuel: “The Court does find that probable cause has been established.”

The charges against the accused include Malice Murder, Felony Murder, Aggravated Assault, and Aggravated Battery.

A search warrant was obtained for the 135 Elrod Lane where the crime took place. Marijuana was the only illegal substance found at the home. The juveniles remain in custody awaiting trial.

 

You can read more about the McKinney murder case by following the links below:

Fatal Shooting in Fannin County

Details Emerge Surrounding Murder Case in Fannin County

Two More Arrested in McKinney Murder Case

McKinney Murder. What Happened That Night. FYN Exclusive Interview With Survivor Anna Franklin

 

Fetch Your News is a hyper local news outlet that attracts more than 300,000 page views and 3.5 million impressions per month in Dawson, Lumpkin, White, Fannin, Gilmer, Pickens, Union, Towns and Murray counties as well as Cherokee County in N.C. FYNTV attracts approximately 15,000 viewers per week and reaches between 15,000 to 60,000 per week on our Facebook page. For the most effective, least expensive local advertising, call 706-276-6397 or email us at advertise@FetchYourNews.com

Author

Natalie Kissel

Natalie@FetchYourNews.com

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