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.