No new trial in Jones homicide

Jan. 8—Thomas Mack Arnold expressed grievance with his court-appointed attorney and wanted him replaced during a motion for new trial hearing Wednesday. Cumberland County Criminal Court Judge Gary McKenzie got the last word as Arnold was whisked by court officers from the courtroom.

In addition to denying the motion for a new trial, McKenzie found Arnold, 42, in contempt of court for repeatedly trying to talk over him and with random comments during the hearing, most directed toward his attorney.

In May, a jury convicted Arnold of first-degree murder in the shooting death of Billy Ray Jones, 63, of Christian Rd. in the Vandever community in southwest Cumberland County. The verdict carries a 51-year sentence according to state law. With good time incentives and other additions to a confusing formula to laymen, the sentence could be closer to 48 years.

The shooting took place Sept. 27, 2020, at Jones home as the Gambler 500 road race was winding down. The Jones home had been filled with people coming and going throughout race week.

Testimony during the trial and again on Wednesday pointed to a dispute over money being taken a female acquaintance who was given a credit/debit card to use to buy a small amount of drugs.

One of the witnesses unavailable during the trial was Michael Bouko of Johnson City who was in and out of custody at the time of the three-day trial.

He recapped testimony during the trial from others. Two men and a woman arrived at the Jones home, at least one armed with a shotgun entered the house through a rear door and shot Jones, who fell onto a sofa where he died.

Arnold's attorney, Robert Marlow of Shelbyville and Crossville native, represented Arnold during the trial. He attempted to prove through Bouko's testimony Wednesday and anticipated testimony from MaryAnn Crain — who has not been located — would have had an impact on the jury's verdict.

McKenzie quickly ruled he heard nothing during the hearing that was not presented to the jury during trial. McKenzie also ruled that Assistant District Attorney Philip Hatch's closing remarks were not prejudicial and improper and did not rise to the threshold of requiring a new trial.

A motion to continue the hearing until Crain could be located was also denied. McKenzie noted there had been plenty of time leading up to the trial and since May for authorities to locate the potential witness and have them subpoenaed for the hearing.

The hearing opened with Marlow informing the court that Arnold was dissatisfied "before, at and after trial" and Arnold had asked him to recuse himself. Marlow put on record he informed Arnold he could not do that "because he had been appointed."

Marlow added Arnold wanted "fresh eyes" to look at his case.

McKenzie said Wednesday's proceedings were set to determine whether a trial error had been made by the court and for no other reason. The procedure under law is an appear of the verdict to the Tennessee Court of Appeals and if there are still issues, to file a post-conviction relief petition.

Arnold would qualify for a new appointed attorney during the post-conviction relief process.

Marlow then introduced a letter from Arnold addressed to Hatch — who has no legal bearing on the issue — asking Hatch to intervene — in his bid for a new attorney. Hatch did not comment and the letter was entered into the record.

As McKenzie began informing Arnold of his decisions on Wednesday's motion for a new trial, Arnold again attempted to speak over the judge and was ordered to stop. He didn't, McKenzie ordered him removed from the courtroom and found him in contempt with ten days to serve on top of the 51-year prison sentence.

Admittedly, McKenzie said the contempt sentence would have little impact considering Arnold's age and his sentence.

Michael Moser may be reached at mmoser@crossville-chronicle.com