Prosecutor arrested for DUI

There is no excuse for committing a DUI. That is true for any and all persons on this earth. It is very sad to learn this evening that one of our own was arrested for this crime. Even sadder is that I know the gentleman and he has been an outstanding public servant. I know nothing about the case except what appeared in the paper. I am relieved that no one was hurt.
If anyone looks for stress reduction in a bottle, please get help. If you find that your happiest moments are moments in which you have consumed alcohol, you have a problem. Don't put anyone at risk by drinking and driving.

Last week in the Court of Criminal Appeals

February 15th week
State v Doss Steve Blount DUI 3rd offense
http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Eugene%20Thomas%20Doss.pdf

State v Carlton Jerald Campbell Theft >500
http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Sheila%20White%20Carlton.pdf

State v Garner Betsy Carnesale Agg sexual battery
http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Mitchell%20Garner.pdf

State v Hall Laura Fowler and David Zak Assault
http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Willie%20Hall.pdf

State v Harville Walt Freedland & Neil Oldham 1st Degree murder
http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Andrew%20Deon%20Harville.pdf

State v Johnson Beth Willis <.o5 grams cocaine
http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Ronnie%20Lee%20Johnson.pdf

State v Weillaker Robert Nash and Helen Young Agg robbery
http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Stephano%20L%20Weilacker.pdf

Sobriety Checkpoint affirmed

A sobriety checkpoint in Williamson County resulted in the arrest and conviction for DUI 3rd offense for Elliot Aloyo. The defendant challenged the checkpoint. Judge Ogle for the Court of Criminal Appeals wrote a thorough opinion, which included consideration of prior decisions. The conviction was affirmed.
Judge Ogle noted that no drug dogs were at the checkpoint as evidence that the sobriety checkpoint was not a general or multi- purpose checkpoint.

Read the decision at:

http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Elliott%20Aloy.pdf

This week in the Courts of Criminal Appeals

February 22nd
Case Name Prosecutor Top Charge

State v Johnson Rachel Newton Reckless Endangerment
http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Cedric%20Johnson.pdf

State v McConaghy Brian Gilliam Meth to sell
http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Landon%20McConaughy.pdf

State v Stewart Bryan Davis Destruction of Utility Lines
http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Michael%20Stewart.pdf

State v Lockridge&
Turner Eisenbreck & Sobrero Attempted 2nd Degree murder
http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Darrell%20Tywon%20Lockridge%20and%20Christopher%20AllenTurner.pdf

State v Washington Sharon Reddick Agg Sexual Battery
http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Adrian%20Keith%20Washington.pdf

State v Hawks Stephanie Hale Meth to sell
http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Bradley%20Hawks.pdf

Clarksville vehicular assault case

When Joseph Chimahosky Jr.,27, drove into the vehicle of Evelyn Turner, while under the influence, he radically changed both lives forever. Evelyn has had 7 surgeries, 4 months in a wheelchair and over $1 million in medical expenses. Chimahosky was driving on a revoked license, while still on probation for a DUI second offense.
Judge Jones in Clarksville entered a 3 1/2 year sentence to serve. The prosecutor in the case was Chris Dotson.

Read the whole story at:
http://www.theleafchronicle.com/article/20100226/NEWS01/100226011/Clarksville+man+sent+to+prison+for+DUI+wreck

Maryland v Shatzer

The Supreme Court has eased prior law concerning interviewing a suspect after he/she has relied on Miranda rights to terminate an interview. The full decision is linked below. The short version is that 14 days must pass between the terminated interview and the new interview.

Download the decision at:

http://www.supremecourtus.gov/opinions/09pdf/08-680.pdf

New Supreme Court Decision re: Miranda

Read about the U.S. Supreme Court decision concerning Miranda at:


http://www.usatoday.com/news/washington/judicial/2010-02-24-court_N.htm

Attempted leaving the scene

If you’re trying to convince police officers you’re sober, it’s probably not a good idea to try and flee the scene of an accident. Twice.
Read about what this Memphis driver with a .15 BAC offender tried to do to get out of trouble.

http://www.commercialappeal.com/news/2010/feb/21/crime-report-charges-pile-after-three-car-wreck/

Hawkins County sniper guilty

A jury returned a verdict of 1st degree murder, felony murder and attempted murder in 2 hours.

Crips and Bloods in Rogersville!

In a news article today in the Kingsport paper readers are informed that a jury will decide the fate of a "real deal" Crips sniper who shot and killed a Blood gang member. He used the defense of missing his target. He testified he meant to shoot the guy in the leg.
Rogersville, Tennessee was settled in 1775 by the grandparents of Davy Crockett. It has a population of 4,200. What are Crips and Bloods doing there?
Read more at:
http://www.timesnews.net/article.php?id=9020706

Nashville crime and crashes decline

Good news in Nashville.
Overall crime is down. It is at the lowest level in 31 years. Crash data is positive as well:

• Traffic deaths in 2009 totaled 68, a 5.6 percent reduction from 2008. Victims in half of the fatal crashes in which seatbelts were available were not wearing them.

• Injury crashes dropped by 15.2 percent. Overall crashes, both property damage and injury, were down 12.2 percent.

Let's give some credit to the DDACTS program that identifies high crash and high crime areas and the police department for putting patrol cars in those areas.

Read the full article at:

http://www.tennessean.com/article/20100218/NEWS03/2180360/Nashville+s+crime+rate+drops+to+lowest+level+in+31+years

New DUI sentencing decision

The Defendant in State v Cooper, a first offense DUI, was sentenced to serve 11 months 29 days at 100%. She was permitted to request a furlough to attend in patient rehab after 90 days. If she completed the rehab, the balance of her sentence would be spent on probation with rehab after care.
This sentence was upheld in a decision posted yesterday. The defendant in the case was a professional, who committed a second DUI in Illinois within two weeks of her arrest here.
Read the decision at:

http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Alecia%20Diane%20Cooper.pdf

Action in the House Judiciary Committee

The following passed unanimously in the House Judiciary Committee today. It still has a long way to go.

SECTION 1. Tennessee Code Annotated, Section 55-10-401(a)(1) is amended by
deleting the language “narcotic drug, or drug producing stimulating effects on” and substituting
instead the language “drug, substance or combination thereof, affecting”.

Hit and run killer

The 7 year old Cub Scout, Nathan Denham, killed in Hartsville by someone too cowardly to stop at or return to the scene has been laid to rest.
In Tennessee drunks know their best defense is to leave the scene before they are identified or get tested. I suspect that there may be no defense for such action at the pearly gates. Nathan's friends and family deserve some closure. Until the driver who struck Nathan is found, they will have nothing but questions. I am a dad of five. I can't imagine the grief they feel. Please keep them in your thoughts and prayers.

Read more at:
http://www.wsmv.com/news/22563366/detail.html

Traffic Stops and crime

A traffic stop early Thursday led to the arrest of a man in connection with the theft of a trailer and three motorcycles.

Shelby County deputies spotted a man pulling a 24-foot trailer with no tail lights at Egypt Central and Raleigh-Millington around 2:40 a.m. The trailer’s safety chain was also dragging on the ground.

Redford, pictured, the driver, had a suspended license and couldn’t produce proof of insurance.

After Redford was arrested, deputies inventoried his vehicle and found a black wig, ski mask and bolt cutters.

Deputies then discovered the trailer had been reported stolen from a house in the 3000 block of Shoehorn in Lakeland earlier in the night. The victim came to the scene and identified three motorcycles in the trailer as his.

So does closing the eyes in a mugshot make a person look less or more guilty?

This week in the Courts of Criminal Appeals

Februar 12, 2010
Trial Conviction Affirmed Prosecutor Top Charge

State v Bear Amber Massengill & Julie Canter Rape of child
http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Douglas%20Keith%20Bear.pdf

State v Delarosa Kevin Allen Vehicular Homicide
http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Gabriel%20Cordova%20Delarosa.pdf

State v Ransom Amy Weirich 2nd Degree Murder
http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Jonathan%20Ransom.pdf

State v Rogers Terry Dycus &Joni Livingston DUI 7th
http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Gerald%20Eugene%20Rogers.pdf

State v McDougle Dean Decandia and Scott Bearup Agg Robbery
http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Kevin%20McDougle.pdf

State v Moore Deborah Housel and Letasha Alexander Carjacking
http://www.tsc.state.tn.us/OPINIONS/Tcca/cc1qtr2010.shtml

State v Ralph Thomas Minor Initiating a process to manufacture methamphetamine
http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Lawrence%20D%20Ralph%20Jr.pdf

State v Osborne Robert Wilson Simple possession of a Schedule IV
http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Thelma%20Osborne.pdf

State v Bonds Chris Scruggs Second Degree Murder
http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Lia%20Bonds.pdf

State v Brooks Frankie Stanfill and Ed McDonald
http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Michael%20Hugo%20Brooks.pdf

State v Algood Tracye Jones facilitation of possession of cocaine with intent to sell
http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Edgar%20Allgood.pdf

DUI toting grandchild

COLLEGEDALE, Tenn. — An East Tennessee grandfather has been charged with reckless endangerment, DUI and a probation violation after police say they stopped him while he was driving, drinking and holding his grandson in his arms. He had a .13 BAC.

Fred Campbell of Collegedale was stopped because his van had a broken tail light. The video shows the driver get out of the van holding a 2-year-old.

Campbell told officers the boy had been riding in his lap and that he had drunk six or seven beers, including one that was half-full and still cold inside the vehicle.

Ambien impaired driving

The driver in this video had consumed ambien. When ambien works, it helps a person sleep. It is never safe to drive after taking this sleeping aid!

International Driver's License SCAMS

If a driver has an International Driver's License, understand he has nothing. There is no such thing. There are International Driver's Permits. The permits are in booklet form. They are not laminated like a license. They are made available to people who are traveling and have a legitimate license in thier native country. They expire in 1 year. They must be accompanied by the legitimate license from the native country.
To see if a permit is legitimate:
1) Make sure the ID is not expired;
2) Check for the state logo or seal;
3) Font styles should be consistent;
4) Compare the photo, height and weight on the ID to the person;
5) Evidence of tampering includes glue lines, bumpy surfaces, ripped edges and pin holes;
6) The back of the document should not be blurred or out of alignment. Many scammers are careless about the back of the document;
7) Many staple holes in the document indicate the original cover has been removed and replaced.
Scammers will sell fake international driver's licenses to three types of people:
1) Non-native speakers who believe consumer advertising;
2) Citizens who have had legitimate licenses revoked;
3) People trying to hide their identity including wanted criminals, terrorists and other people who don't qualify for a license.

Truth stranger than fiction

So what kind of pizza was the impaired pizza delivery lady working for when she hit two parked cars and slid down an embankment and hit a third? The 39 year old driver admitted to drinking 2 beers and an excedrine migraine tablet. She also had a schedule four drug in her pizza delivery car. The article linked below does not indicate the type of pizza, but I hope no one is still waiting for it to arrive.

http://www.timesnews.net/article.php?id=9020454

This week in the Court of Criminal Appeals

This Week in the Court of Criminal Appeals
February 8, 2010

Case Name Prosecutor Top Charge

Pruitt Brett Gunn Possession <.5 cocaine resale career http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/Robrigues%20D%20Pruitt%20v%20State.pdf

Grissom Thomas Miner Possession <.5 cocaine resale
http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Jeffery%20Grissom.pdf

Gentry Jeremy Ball Rape of a child
http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Kevin%20Allen%20Gentry.pdf

Harris Shaun Brown Possession marijuana for resale
http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Cortino%20Harris.pdf

Price Alanda Dwyer and Nicole Germaine Agg Rape
http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Willie%20Price.pdf

Robinson Alanda Dwyer and Amy Weinrich 2nd Degree Murder
http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20D
rryl%20Keith%20Robinson.pdf

State v Sydnor Sarah Davis 2nd degree murder
http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20St

ven%20B%20Sydnor.pdf
Totty Michael Fahey DUI
http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20B
rbara%20Jean%20Totty.pdf

Rollins Phil Morton Agg Robbery
http://www.tsc.state.tn.us/OPINIONS/TCCA/PDF/A01/State%20v%20Cory%20Shane%20Rollins.pdf

Spring Hill officer dies from red light crash

Cpl Jeremy McLaren of the Spring Hill police department died from injuries suffered when his car was struck by a pick up truck. The investigation of the crash at the red light was conducted by the THP. No charges have been filed at this time. No alcohol or drugs were involved in the crash.

Please keep Cpl McLaren, his family and his co-workers in your thoughts and prayers.

Read more at: http://www.wsmv.com/news/22486956/detail.html

6 year sentence upheld for 8th offense DUI and vehicular assaults

George Chisholm, 60, pled guilty to his 8th DUI, which occurred March 3rd, 2008 and he pled guilty to two counts of vehicular assault for a crash he caused while drunk 25 days after he was released on bond! . He was on probation for other charges prior to the DUI and on bond for DUI when he severely injured two people.
Defendant George Chisholm expressed no remorse and was only worried about getting probation when he had his pre sentencing interview.
Brooklyn Martin was our effective prosecutor in the case. Judge Carol Ross determined Chisholm was not entitled to alternative sentencing. He expressed disappointment that Chisholm had escaped felony sentencing for prior DUI's.

http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20George%20Chisholm.pdf

At Scene Crash Reconstruction course

I enjoyed visiting the At Scene Crash Reconstruction class in Crossville today. Lt. Buck Campbell of Cleveland was lead faculty. He skidded a Crossville police car to leave skid marks at the airport. Students measured the scene and then used a drag sled 10 times to get a friction reading so they could get a speed estimate. The also used an electronic version that sat on the dashboard to compare. The class lasts two weeks and includes more math than I could handle as a student. Those students and faculty are pretty amazing people!

Man charged with DUI after running KFD/KPD barricade, injuring officer

A 50 year old man in Knoxville was arrested after he ran through a road block and over a fire hose while driving under the influence.

Fire department experts told me in the past that running over a fire hose not only stops the water supply, but cuts off the oxygen in a building due to the water supply interuption. That puts the firefighters in grave danger.

The defendant also injured an officer as the officer tried to get out of the way and had his hand cut by the side mirror.

Read the story about this idiocy at:

http://www.volunteertv.com/home/headlines/83420012.html

Fatal crash in Memphis and the Med.

This could be trouble! The Med continues to be a problem concerning blood draws. Hope somebody got a search warrant for any blood drawn there.

Sheriff’s investigators say 40-year-old Adan Lomeli was killed when a pickup truck driven by Eduardo Flores, 28, ran off the road and hit a tree. According to investigators, speed was a factor in the wreck and both men were not wearing seatbelts.

Flores, deputies say, was treated at The MED and later released. Lomeli died at the scene.

Investigators smelled alcohol on Flores and say that he had been drinking earlier that night. Flores has been charged Vehicular Homicide, DUI, Reckless Driving and Driving Without a License.

New Appellate Court case

Today the Court of Criminal Appeals issued it's decision in State v Rollins, a Knoxville case of aggravated robbery, evading and DUI. The defendant held up a young woman at a tanning salon with a knife. The KPD responded quickly and got out a BOLO (Be on the lookout for) alert for the defendant's pick up truck. Another officer saw a matching truck make an improper turn and weave on the highway. He tried to stop the truck. Defendant kept going, pulled off and ran to the woods. He was finally apprehended with the help of a dog, who left marks that required some medical attention.

A DUI prosecutor reading the opinion may wonder how we got a DUI conviction. There was bad driving, an odor, a vodka bottle and beer can in the truck and a bitten suspect who staggered a bit going from the woods to the police car in handcuffs.

Of course, the DUI was the least of this defendant's problems and was not hotly contested. I just hope the officers and supervisors involved in this case don't think that all DUI's are this easy.

Congratulations to all the officers involved in the speedy apprehension of this criminal and to ADA Phil Morton for outstanding work at Trial and to Assistant Attorney General Rene Turner for outstanding work in the Appellate Court.

Read the opinion at:
http://www.tsc.state.tn.us/OPINIONS/TCCA/PDF/A01/State%20v%20Cory%20Shane%20Rollins.pdf

No texting for Truckers

The U.S. Department of Transportation announced new rules Tuesday that bans texting for all interstate commercial truckers and bus drivers while they are operating moving vehicles.
Truckers and bus drivers that violate the rules, which are effective immediately, face civil or criminal fines of up to $2,750.
The Department of Transportation said that it still is working on additional regulations that would govern the use of computers by truckers, as well as when they are allowed to use cellphones for conversation.
Research shows that texting motorists take their eyes from the road for nearly five seconds, enough time to cover a football field at highway speeds.

It is a shame that we have to have laws and regulations to stop people from being so stupid as to text and drive. Whatever happened to common coutesy and concern for humanity?