Probation violation charge dropped after hearing
Apr. 22—A probation violation charge against a Crossville man was dismissed following a hearing lacking evidence to support conflicting testimony with what was told to police at the time of the incident.
Jerry David Blackmon II, 42, Mockingbird Dr., was found not guilty of violating terms of his probation because his wife testified during a hearing April 5 that she did not report a domestic assault involving a juvenile. She said she reported the juvenile was unruly.
Crossville Police Sgt. Keith Sadula testified he responded to the Mockingbird Dr. Home on Feb. 28 when dispatchers reported a domestic situation between a male and a juvenile at the residence.
Upon arrival, the officer was informed the juvenile was displaying red marks on her back as a result of being "popped" with a towel. Sadula said he was not informed by those present the incident was playful interaction.
Blackmon was arrested for domestic assault and as a result of the new charge, was later charged with a probation violation.
During the hearing, the child's mother testified she did not report a domestic assault was taking place, but did report she was having trouble with a child who was being unruly. The red mark was explained as having been suffered in a fall on furniture.
TDOC Probation Officer Chris Goddard testified Blackmon was on probation for three years because of aggravated domestic assault plea entered Jan. 10.
Under questioning from defense attorney Kevin Bryant, Goddard testified Blackmon reported to him he was participating in counseling and that the home was being monitored by DCS.
Judge Gary McKenzie said in tossing out the charge that evidence presented did not support a probation violation finding. He admitted it was "a close call" but added the conflict in testimony and statements made the day of the incident could be resolved if tape recording of the 911 call had been introduced by the state.
With that, the charge was dismissed. In other cases on the docket, the following took place:
Trial set
—Ashton Elijah Dukes, aggravated assault and domestic assault, continued to June 21 for motions or tracking and trial set for June 25.
Deadline docket
—Christopher Jacques Baird, aggravated assault, domestic assault and child abuse, neglect or endangerment, forfeiture and capias issued for failure to appear, ten days in jail and ordered held for bond hearing.
—Timothy Paul Beason, two counts of possession of meth with intent, possession of a weapon by a felon and criminal trespassing, continued to April 22.
—Thomas Lane Cobb, possession of meth with intent, possession of a Schedule II drug with intent, three counts of simple possession of meth, simple possession, possession of a weapon by a felon, evading arrest and two counts of possession of drug paraphernalia, continued to April 22.
—Jacob Ryan Edmonds, evading arrest, continued to May 17.
—James Robert Eldridge, possession of meth with intent, driving under the influence and simple possession of meth, continued to May 17.
—James Marshall Evitt, two counts of residential and work restrictions, continued to June 21.
—John Wayne Hamby, rape of a child, trial date pending and continued to May 8.
—Chance Lee Howard, tamping with evidence, possession of a handgun by a felon, possession of meth with intent, possession of a firearm during commission of a dangerous felony, possession of a Schedule II drug with intent and one case in bound-over status, continued to May 17.
—Corey Dale Keith, possession of more than 300 grams of meth, two counts of possession of meth with intent, possession of a weapon during commission of a dangerous felony, introducing contraband into a penal institution, reckless endangerment, evading arrest and driving while in possession of meth, Hoskins Bail Bonding allowed to go off bond and new bond set at $314,000 and continued to April 22.
—Triston Robert Milke, domestic assault, continued to April 22.
—Jesus Murillo, driving under the influence, per se, to return to court with an attorney on June 7.
—Joshua Matthew Norton, aggravated assault and domestic assault, bond set at $30,000 and continued to April 22.
—Kevin Paul Proffitt, two counts of possession of meth with intent, tampering with evidence, two counts of possession of a weapon by a felon, two counts of possession of a Schedule II drug with intent and possession of a Schedule I drug with intent, continued May 17.
—Daniel Jerry Wright, possession of a weapon by a felon, possession of meth with intent and possession of a weapon during commission of a dangerous felony, continued to May 7.
—Cameron Lucas Wyatt, domestic assault, continued to June 7.
Arraignment
—Curtis Richard Hood, aggravated child abuse, neglect or endangerment, continued to April 22 at which time Hood is to return to court with an attorney.
—William Larry Matthews Jr., possession of meth with intent, continued to June 21.
Motions/hearings
—Matthew Shane Breeding, resisting a stop, arrest or search, second offense driving under the influence, per se, and simple possession, continued to May 7.
—John Christopher Garland, aggravated assault and vandalism of $2,500 to $10,000, preliminary hearing motion set for May 7.
—Shane Lee Kirby, possession of meth with intent, motion hearing continued to April 22.
—Patrick Michael Picard, home improvement fraud of $2,500 to $10,000, to return to court June 7 with an attorney.
—David Shannon Snow, aggravated assault and domestic assault, continued to April 22 at which time Snow is to return to court with an attorney.
—Joshua Alan Whalen, statutory rape by an authority figure, sexual battery by an authority figure and tattooing a minor, motion filed by Howard Upchurch to withdraw from the case granted; continued to June 7 at which time Whalen is to return to court with an attorney.
—John Edward Russell, theft of property of $2,500 to $10,000, bond set at $15,000, Public Defender's Office appointed to represent Russell and continued to April 22.
Probation violations
—Joshua Wayne Bohannon, theft and evading arrest, certification of completion of rehab was presented to the court and defendant was placed on probation for the balance of his five-year sentence.
—Tyler D. Boles, pleaded guilty to a probation violation and is to serve 90 days in jail at 75% with credit for any time already served and then be returned to supervised probation.
—Ryan Christian Bolin, Drug Court application filed and continued to May 7.
—Damon Levi Breeding, pleaded guilty to a probation violation of new arrest in Rhea County and is to serve six months in jail at 75% and then be returned to the balance of a 12-year sentence on supervised probation.
—Susan Elizabeth Foster, probation violation hearing set for May 3.
—Ricky Alan Hayes, probation violation hearing set for May 3.
—Benjamin Journal Jackson, pleaded guilty to a probation violation and it to serve one year in jail concurrent with misdemeanor case in General Sessions Court.
—Jasmine Richelle Lancaster, probation violation hearing continued to May 7.
—Cassie Ann Lester, probation violation hearing continued to May 3.
—William Larry Matthews Sr., pleaded guilty to a probation violation and was credited for time already served in jail.
—Amber Nicole May, pleaded guilty to a probation violation and is to serve one year in jail and then be returned to supervised probation for the balance of a eight-year sentence.
—Crysta Lachelle Melcher, pleaded guilty to a probation violation and is to serve nine months in jail at 75%.
—John Dale Miller, probation violations, continued to April 22.
—Samuel Dale Moles, probation violation hearing continued to April 22.
—Crystal Leann Mosley, on probation for eight years and appeared for tracking with report of participating in a treatment program successfully.
—Winston Anthony Nelson, Public Defender's Office appointed to represent Nelson and probation violation hearing continued to June 16.
Michael Moser may be reached at mmoser@crossville-chronicle.com