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November 20, 2009

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Couple plead guilty to child abuse allegations

Published: 11:06 AM, 06/30/2009
 

Author: Gilbert Soesbee
Source: The Newport Plain Talk

NEWPORT-A Cocke County couple entered guilty pleas on Monday in an alleged child abuse case which prosecutors describe as an incident of corporal punishment taken too far.

The case was among seven negotiated plea agreements heard by Circuit Judge Rex Henry Ogle during criminal court on Monday.

Both 35-year-old Billy C. Davis Jr. and 22-year-old Katileen Mathis had been charged by the Cocke County Grand Jury with child abuse or neglect of a child less than six years old. But both defendants pled guilty to lesser charges and were sentenced by Judge Ogle on Monday.

Assistant District Attorney General Brownlow Marsh told the court that the incident occurred on February 24 when the young child's grandmother notified authorities that the victim had bruises on her buttocks and legs. The injuries allegedly occurred when the child was being punished for misbehavior by Davis and Mathis.

Marsh said Davis struck the child while administering corporal punishment and that it occurred in the presence of Mathis, who did nothing to stop the incident.

Davis pled guilty before Judge Ogle on Monday to the misdemeanor charge of attempt to commit child abuse or neglect of a child less than six years old and Mathis entered a guilty plea to facilitation of child abuse or neglect, which is also a misdemeanor under Tennessee law.

Davis was sentenced in the plea-bargain to 11 months, 29 days in the Cocke County Jail and will be required to serve 75 percent of the term, with the balance on supervised probation.

Mathis was also given an 11-month, 29-day jail term, suspended to the ten days she has already served, with the balance on supervised probation.

In a separate, unrelated indictment, Davis entered a guilty plea on Monday to theft of property valued at less than $500 in connection with the theft of a handgun on July 11, 2007.

Prosecutor Marsh told the court that a co-defendant in the case took the .40-caliber handgun, belonging to James Workman, of 436 Wilton Springs Road, and took the weapon to Davis. The pair then sold the gun and spent the proceeds of the sale, Marsh told Judge Ogle.

Under the terms of the plea agreement, Davis was sentenced to an 11-month, 29-day term in the Cocke County Jail, which was ordered served consecutively with the sentence he received in the child abuse case.

That nets the defendant a jail term of just less than two years, of which 75 percent must be served, according to the plea-bargain approved by Judge Ogle. The balance of the sentence will be served under supervised probation.

Judge Ogle also accepted a guilty plea on Monday from 32-year-old Rodney A. Northern, of 1241 Heatherbrook Way. Northern pled guilty to theft of property valued at more than $10,000 and received a four-year term in a negotiated plea agreement.

Prosecutor Marsh told the court that Cocke County resident Melvin Hance reported the theft of his Jeep from his home on February 27, 2008. Hance told authorities the vehicle was stolen between 1 and 4:30 a.m.

The vehicle, which had been spray-painted blue and had been damaged, was recovered about a month later from Northern, Marsh said. The defendant, who has denied stealing the vehicle, reportedly told investigators that another person had brought him the vehicle and he had acquired it in trade.

Under the terms of the plea agreement, Northern was ordered to serve 50 days of the four-year jail term, with the balance on supervised probation. He was also restrained from any contact with the victim of the theft and was ordered to submit to a drug and alcohol assessment.

Restitution was also ordered in the case, and Judge Ogle will conduct a hearing to determine the amount of restitution on September 14.

After pleading guilty to forgery on Monday, Jason York, 24, of 541 Clifton Heights Drive, was sentenced to a year of supervised probation in a plea-bargain with state prosecutors.

Prosecutor Marsh told Judge Ogle that York wrote an $895 check on the account of John A. Shelley on February 22, 2008, and reportedly had a paper which purported to give him authority to write checks on the account, but that document was also a forgery.

In addition to the year of probation, York was also ordered to pay restitution to the victim, and Judge Ogle will conduct a hearing on September 14 to determine the amount of restitution.

Terry Eugene Pack, of 1166 Pack Way, was ordered to serve six months of an eight-year sentence after pleading guilty on Monday to a charge of theft of property valued at more than $1,000.

The 32-year-old defendant was accused by the grand jury in connection with the theft of a 1999 Chevrolet Blazer belonging to Elizabeth Ann Smelcer on May 31, 2008, Assistant District Attorney General Tonya Thornton told Judge Ogle. Smelcer reported the vehicle stolen from her home off Sunlight Road in Parrottsville.

Investigators determined that parts of the vehicle were sold to Unified Marina by the defendant, Thornton said, adding that the vehicle was recovered and purchased by the victim from her insurance company.

In addition to the eight-year sentence, Pack was ordered to maintain employment during his probation and to pay $500 in restitution to Smelcer, along with court costs, under the terms of the plea-bargain.

Fifty-year-old Bruce Nicholson pled guilty on Monday to fourth-offense driving under the influence and driving on a revoked license. As part of the plea agreement, a charge of violation of the Tennessee Habitual Motor Vehicle (HMVO) Act was dismissed by the state.

Prosecutor Marsh said Nicholson was injured in a single-vehicle accident on Industrial Road on February 6. Police officers suspected that alcohol was a contributing factor in the accident, and a blood/alcohol test resulted in a reading of .21 percent, close to three times the state's legal limit.

Under the terms of the plea agreement, Nicholson was ordered to serve 150 days of a two-year jail sentence, with the balance on supervised probation. He was also ordered to pay a $5,000 fine plus court costs and to submit to a drug and alcohol assessment. He also received a concurrent six-month term for driving on a revoked license.

Judge Ogle also declared Nicholson an habitual offender under Tennessee's HMVO law, which means that the defendant will be prohibited from driving a motor vehicle for life, although he may apply to have his driver's license reinstated after five years.

Lorinda Gail Sutton entered a "best interest" plea on Monday to a charge of domestic assault. Under the terms of the plea agreement, Sutton received an 11-month, 29-day jail term, with details of how much of the sentence she will be required to serve to be determined by Judge Ogle after a hearing on September 14.

Prosecutor Thornton said Sutton is accused of assaulting Mary Sutton, of 275 Deerfoot Road, Cosby, on September 6, 2008.

In a "best interest" plea, the defendant does not admit guilt to any offense, but agrees that, based on the state's evidence in the case, it is in her best interest to accept a plea-bargain.

 

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