In criminal court, a plea agreement allows a defendant to plead guilty or no contest to a lesser charge in exchange for the state's agreement to dismiss other charges, but this results in a permanent felony conviction that will appear on the defendant's criminal record and can lead to more severe punishments for any future convictions. The judge explains that at 20 years old, the defendant has a long life ahead, but continuing down this path will likely result in a short, unpleasant life with prison time. The judge emphasizes that early criminal behavior carries long-term consequences that follow the individual forever.
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“At 20 Years Old… You’re Already A Convicted Felon!”— Judge SHUTS It Down InstantlyAjouté :
And you understand you were charged with attempted first of attempted murder, right?
>> Yeah.
>> Attempted seconddegree murder. Um, and you understand that this agreement is made because the victim is in agreement with it. And that's the only reason that you're getting a break to plead to aggravated assault. Do you understand that?
>> Yes, sir.
>> And so from now on, you're going to be a convicted felon because you grabbed that gun and it allegedly went off accidentally. Do you understand that?
>> Yes, sir. You could be facing a murder charge if it had gone a little higher than her leg and and struck her and you could be here today going to prison for possibly the rest of your life. Do you understand that?
>> Yes, sir.
>> I hope that you will learn from this situation at 20 years of age, you've got a lot of life left and but if you continue down this path, it's not going to be a very pleasant life and it will probably be a short one because somebody's not going to take kindly to something you do and you engage in this kind of conduct in the future. you can pretty well ensure that you're going to go to prison. I can tell you for the next six years, if you violate the law, you will go to prison. And I wouldn't think a 20-year-old in your situation would want to be sent to prison. Thank you. Step in front of that microphone so we can pick you up. Okay. State your full name for the record.
>> Elijah Daryl Florence.
>> Mr. Florence, you're here today charged with a number of different uh charges and you've heard your lawyer go over what the agreed settlement is, but have you seen or been shown a copy of the charges and talked them over with Mr. Bond and do you feel like you fully understand what you're charged with and what the agreement is going to be in this case?
>> Yes, sir.
>> Well, it's indicated that you want to enter a plea of no contest. You heard me say earlier that that means you're not going to admit you did anything, but you're not going to contest what the state says their evidence will be at trial. And I will use that evidence to find you guilty according to this agreement. Do you understand that?
>> Uh yes, sir.
>> Do you understand, however, that you have a right to plead not guilty to all charges and have a speedy public trial by jury?
>> Uh yes, sir.
>> Do you understand that if you went to trial, you would have the right to have a lawyer and have one appointed as I've done with a public defender?
>> Yes, sir. Do you understand that if you went to trial, you'd be presumed to be innocent until such time, if ever, the state proved your guilt beyond a reasonable doubt to the satisfaction of all 12 jurors, and their verdict would have to be unanimous before you could be convicted of anything?
>> Yes, sir.
>> Do you understand that if you went to trial, you and Mr. Vaughn could confront and cross-examine every witness the state called to testify against you, and you could bring in your own witnesses by using a subpoena?
>> Yes, sir.
>> Do you understand that if you went to trial, you would not have to testify or prove anything? You would be presumed to be innocent and no inference of guilt would arise because you did not testify at your own trial.
>> Yes, sir.
>> Do you understand if you went to trial and you were found guilty, you could appeal that conviction and the sentence imposed to the court of criminal appeals and have a lawyer appointed to help you without appeal?
>> Yes, sir.
>> Do you understand that by pleading no contest today, according to this agreement, you're waving your right to a trial and to an appeal? All I'm going to do is approve what your lawyer has worked out.
>> Yes, sir.
>> But do you understand that's going to result in a conviction? And that conviction is going to be a felony that will be on your record in the future to make more severe the punishment you'll receive if you're ever again convicted of a crime.
>> Yes, sir.
>> You understand everything I've explained to you?
>> Yes, sir.
>> Do you want to plead no contest according to this agreement?
>> Yes. Yes, sir.
>> Meaning, do you want to take do you want to take advantage? There was some confusion. I want to make sure you're clear. Do you want to take advantage of the agreement your lawyer has worked out to dispose of this case?
>> Yes, sir.
>> All right. Is your decision to plead no contest today voluntary?
>> Yeah. Yes.
>> Anyone forcing you to do this against your will?
>> No, sir.
>> Then do you understand? I cannot accept your plea unless I'm satisfied that you are guilty and there are facts to support it.
>> Yes, sir.
>> And I want you to listen as the state tells me what their evidence would be if this case went to trial. General, >> 7th of 2025, Ash City police officers responded to 105 Malbury Street in Ashel City, Tennessee. and Olivia Cherry Cherry had been shot by her boyfriend, Alicia Florence. Miss Cherry stated that she and him had been arguing that she had grabbed some items to leave the residence and while leaving the residence, she felt something hit her in the leg. Um, it was discovered that she had been shot and Mr. Florence admitted to grabbing his gun and that it had been an accidental discharge that had hit her as she was leaving. All right. And the victim in this case is in agreement with this disposition.
>> She is, your honor. All right.
>> Mr. Florence, I'm not asking you to agree with those facts, but do you understand us what the state's evidence would be in this case?
>> Yes, sir.
>> You still wish to enter this plea according to this agreement?
>> Yes, sir.
>> You satisfied with your attorney's services?
>> Yes, sir.
>> You feel like Mr. Bond's done a good job of representing you confidently?
>> Yes, sir. Mr. >> B, you know, of any reason you should not enter this plea?
>> No.
>> Anything further from the state?
>> No, you're not.
>> How old are you? Uh 20 >> 20 >> sir >> 20 years old.
>> I understand. All >> right. Then Elijah Florence in document number 19799. Upon your plea to count three aggravated assault, I find you guilty. Sentence you to six years in the Tennessee Department of Correction that will be suspended to state probation, you must complete a mental health assessment and an alcohol and drug assessment and follow any treatment recommendations. You must also surrender the weapon and it will be forfeited.
Counts one, two, and four are dismissed as a part of the agreement. Thank you.
Graham, page number two, number 196.
>> Judge, I represent Mr. Graham. This is this is not a plea. He's actually here on a violation of probation, but Mr. Graham would just wish to put his sentence into effect. Okay.
I'll be wait as soon as I finish signing all of these judgment forms.
All right, Mr. Graham, raise your right hand. Let's place you under oath.
>> Yes, ma'am.
>> State your full name for the record.
>> David Graham.
>> Mr. Graham, you're here today on a probation violation. Do you understand you have a right to plead not guilty and to have a hearing in this court where the state would be required to prove to the legal standard that you had violated your probation?
>> Yes, sir.
>> You understand you would have the right to have a lawyer to have one appointed as I've done with a public defender?
>> Yes, sir.
>> You understand that by uh that you would have the right to that hearing and if I found you guilty, you could appeal whatever I did in your case to the court of criminal appeals and have a lawyer appointed to help you with that appeal?
>> Yes, sir.
>> You understand that by pleading guilty to this charge and waving your right, you're waving your right to that hearing and to the appeal. All I'm going to do is put your sentence into effect with all your credits to be given to you.
>> Yes, sir.
>> You understand everything I've explained to you? Yes, sir.
>> You want to plead guilty according to that uh explanation.
>> Then upon your plea guilty, I find you guilty. I want that you be revoked to serve your sentence with credit for all your time.
>> Yes, sir.
>> All right. Thank you.
>> Thank you.
>> Thank you all.
>> And judge, I have one female inmate and then I have calls in the audience as well.
>> All right. Do you want to take up Clifford McCollum Junior?
>> We can absolutely do that.
Judge, as I said, that is for plea. Um, Mr. McCollum is charged with aggravated assault count one. He's pleading to a assault, the C felony. Um that'll be three years in the TDOC, suspended to state probation. He must complete um an anger management class. Um and contact with the victim is allowed.
Counts two, three, and four will be dismissed and settlement. Coach, all right, state your full name for the record. Oh, I'm sorry. Raise your right hand. Let's place you under oath first.
>> I do.
>> Now state your full name for the record.
>> Clifford Gregory McCullum Jr.
>> Mr. McCullum, you're here today charged with a couple of different offenses and it's been indicated you're going to be entering a plea of one charge and the other three are going to be dismissed.
But have you seen or been shown a copy of those charges? Talk over with Mr. Vonu and he discussed the range of punishment you're facing as well as any possible defenses you might have.
>> Yes, y'all. Well, it's indicated that you want to enter a plea of no contest.
Do you understand that means I'm not going to admit what I did. I'm not going to admit anything, but I'm not going to contest the state's evidence when they tell me what their evidence is. And as a result of that, I'm going to use their evidence to find you guilty according to this agreement. Do you understand that?
>> Yes, sir.
>> You understand, however, that you have a right to plead not guilty and to have a speedy and public trial by jury in this court?
>> Yes, sir.
>> Do you understand you would have the right to have a lawyer? If you could not afford one, I would appoint one for you, as I've done with a public defender.
Yes, sir.
>> You understand that if you went to trial, you'd be presumed to be innocent until such time, if ever, the state proved your guilt beyond a reasonable doubt to the satisfaction of all 12 jurors and their verdict would be have to be unanimous before you could be convicted of anything?
>> Yes.
>> Do you understand that if you went to trial, you and your lawyer could confront and cross-examine every witness the state called to testify against you, and you could bring in your own witnesses by using a subpoena?
>> Yes, sir.
>> Do you understand you would be presumed to be innocent? You would not have to testify or prove anything at your trial and no infrance of guilt would arise because you did not testify at your own trial.
>> Yes, sir.
>> Do you understand if you went to trial and you were found guilty, you could appeal the conviction and the sentence imposed to the court of criminal appeals and have a lawyer appointed to help you with that appeal?
>> Yes, your honor.
>> Do you understand that by entering this plea, you're waving your right to a trial and to an appeal? All I'm going to do is approve what your lawyer has worked out.
>> Yes, your honor. You understand that's going to result in a conviction that's going to be on your record in the future to make more severe the punishment you receive if you are ever again convicted of a crime?
>> Yes, your honor.
>> You understand everything I've explained to you?
>> Yes, your honor.
>> Do you want to plead no contest according to this agreement and wave your right to a trial?
>> Yes, your honor.
>> Is your decision to plead no contest today voluntary?
>> Yes, your honor.
>> Anybody forcing you to do this against your will?
>> No, your honor.
>> You understand? I can't accept your plea unless I'm satisfied there's a factual basis for it and that you are in fact guilty.
>> Yes, your honor.
>> Then I want you to listen to this evidence. If you'll step aside and let General Sylvie come to the uh >> Your honor, on August 23rd at about 2:00 a.m. in 2025, officers responded to Old Clarksville Pike in Chetam County. They made contact with Dustina Wines. She had told officers there had been an argument in which the defendant had got on to um had got onto a top of her and placed his hands around her throat, neck and chest area. Officers did um document injuries of redness and strangulation marks around her neck. Um that would be the basis for the plea, your honor.
>> Well, I'm not asking that you agree with those facts, but you understand that's what the state's evidence would be if this case went to trial. Yes, your honor.
>> You still wish to plead no contest according to this agreement?
>> Yes, your honor.
>> Are you satisfied with your attorney's services?
>> Yes, your honor.
>> Feel like Mr. Vaughn has done a good job of representing you confidently?
>> Yes, your honor.
>> Mr. Von, do you know of any reason you should not enter this plea?
>> No.
>> Is there anything further from the state? Then Clifford McCullum document number 19782. Upon your plea of no contest to count one, the remaining counts are dismissed. I find you guilty of aggravated assault sentence you to three years in a Tennessee Department of Corrections that will be suspended to state probation. As a condition of your probation, you must complete an anger management class as your probation officer would require. Thank you.
>> Just to add, I just remember this. He has already completed that anger management program, >> right? and he showed he's in compliance with what the requirements would be if he's already done it. So, all right.
Thank you >> very much.
>> He still needs to see the probation for >> I assume you need to give that to them so that they have a record of it.
>> Correct.
>> Thank you.
We have any other inmates running?
>> You have your female inmate is >> I have is Jerry Bumpus.
>> Okay.
>> And then >> Jerry Bumpus.
>> Correct.
>> And you're bringing her out.
And then there is another matter on the docket that we can address while I've got a little lull on the action if you would like. On page two, there's Mr. Jonathan CR. Judge Turbo in February um issued a show cause order um based on failure to pay ankle monitor fees. Um General Sylvia's filed a motion to revoke his bond. He's not been served with that show cause. So, I think his normal court date is supposed to be next Tuesday on the 10th. If we can just move the revocation to that day, I guess >> you have your motion to suppress, too.
>> I don't have I don't have a motion to suppress today.
>> There's no motion to suppress in the files that I've seen. So, >> it's just mine. Yes, your honor.
>> There was an indication on the docket at some point. I thought I saw a motion to suppress, but that would be my that's that would be related to his his piece of the Jonathan CR puzzle. Okay.
>> So, you want to move it to the 10th?
>> Move everything to the 10th. He's still wearing the ankle monitor. The problem is that he's in Davidson County, so we're having issues getting him served out of town.
>> All right. Bring him in on the 10th.
>> Thank you.
And then you have the Timothy Joseph Lewis which is for sentencing. Is that correct?
>> That's correct, Judge.
>> I was told yesterday that was noted for 1:00, but I've told my family to be at our office at 10:30. So >> that's fine.
>> And Louis is here.
>> I And I also want to address this issue on the record whenever everybody's here.
>> Correct.
>> All right. So that leaves us with uh Jerry Buffus and Shannon Elliot who is um here I think and Mr. Lewis would be the and then we have Austin Simpkins motions Mr. Solved. You're here I think today on >> Shannon Elliot.
>> She is present, judge. I spoke to her downstairs. She is present. She was downstairs. I think they were going to They were bringing her up.
>> As soon as we can bring her up, we'll Yes, sir.
>> see where we are.
>> Thank you, Judge.
>> Are we ready on Austin Simp Austin Gordon Simpkins?
>> What was the question? I'm sorry. Are we ready on the motions in the Austin Gordon Simpkins case?
I think there's a motion for Well, it just filed yesterday, so you may want to address.
>> No, I'm not ready on that, but uh we said it on this day. I was anticipating a motion in limony because there's a lot of videos that the state potentially will be using in the potential eventual trial. That's why we said it today, but I don't think Mr. >> Can we ever change All right. First and foremost, we've got a motion. Um I think there was a motion for a bill of particulars or some other motion that Mr. Pew has filed yesterday.
Yes.
>> So obviously under the rules, you have five days. You're required to have five days notice. So we can't hear those today, but we can move them to the 10th.
I assume how much we have on the 10th.
We know >> what what about for the 31st? Are you available 31st?
>> Nashville.
>> It's close.
>> Yeah.
You're right. And actually that'll >> be one.
>> Okay.
>> On the 31st.
>> Okay.
>> Do we set it on the 31st at one?
>> March 31st on the BOP date?
>> Yes, sir. You want to set it at one o'clock?
>> Yes, sir. I think Mr. Pew has some other matters in the morning in Nashville. Is that Yeah.
>> Right. One o'clock on the 31st will be Austin Simkins and that will involve if we're going to be dealing with a motion in lemony that's going to require the showing of >> I don't think we're going to be doing all that on the 31st, are we?
>> No, we don't have to do all that.
>> Okay.
Then we'll hear whatever your motions are on August uh on March 31st at 1:00.
>> I can talk to the green. Yeah.
I don't see it up here anymore.
No.
Oh, so good.
Counts one through five are going to be dismissed. What she's actually pleading to is count six and seven. That's the uh theft of property is count six. That's six years in the TDOC suspended supervised probation. There's no restitution in this matter. Also required would be truthful testimony against the codefendant if required. Um also pleading to count 7. That is a DUI.
That would be 1129. Suspended to supervised probation. She's got jail credit from 11:24 to today's date. So that takes up the 48 hours. Um the rest is just the the minimums. $350 fine, lost a license for a year, and must complete a vision impact panel. Um, she understands that the more DUIs you get, the worse the punishment. Yes.
>> All right, Miss Mus, raise your right hand. Let's place you on the road.
>> I do.
>> State your full name for the record.
>> Jerry Christian Muppets.
>> Put your hand down.
>> Jerry Christian Bumpus.
>> M. Bump, as you're here today on a multi-count indictment, you've heard your lawyer go over what the agreement is, but have you seen or been shown a copy of those charges and talked them over with Mr. Vaughn and you and he discuss the range of punishment you're facing as well as any possible defenses you might have?
>> Yes, sir.
>> Well, it's indicated that you want to enter this plea of no contest to two of the counts and have the remaining charges dismissed. Do you understand that you have the right to plead not guilty to all charges and to have a speedy and public trial by jury in this court?
>> Yes, sir. Do you understand if we had the trial, you would have the right to have a lawyer and have one appointed as I've done with a public defender?
>> Yes, sir.
>> Do you understand that at trial you would be presumed to be innocent until such time, if ever, the state proved your guilt beyond a reasonable doubt to the satisfaction of all 12 jurors and their vertically have to be unanimous before you could be convicted of anything?
>> Yes, sir.
>> Do you understand that if you went to trial, you and your lawyer could confront and cross-examine every witness the state called to testify against you, you can bring in your own witnesses by the use of a subpoena? Yes, sir.
>> Do you understand that trial you'd be presumed to be innocent? You would not have to testify or prove anything and no inference of guilt would arise because you did not testify at your own trial?
>> Yes, sir.
>> Do you understand that if you went to trial and you were found guilty, you could appeal the conviction and the sentence imposed to the Court of Criminal Appeals and have a lawyer appointed to help you with that appeal?
>> Yes, sir.
>> Do you understand that if you enter this plea of no contest, you're waving your right to a trial and to an appeal? All I'm going to do is to approve what your lawyer has worked out with the state.
>> Yes, sir. Do you understand that that's going to result in convictions and those convictions are going to be on your record in the future to make more severe the punishments you receive if you are ever again convicted of a crime?
>> Yes, sir.
>> One of the charges you're pleading to is driving under the influence of an intoxicant. And I'm required by law to advise you of the following. Any person who is convicted of a first offense driving under the influence shall be fined not less than $350, no more than $1,500, and shall be confined in a county jail or workhouse for not less than 48 hours nor more than 11 months and 29 days, shall be prohibited from driving in Tennessee for one year, provided that if at the time of the offense, the alcohol concentration in such person's blood or breath is 0.20% to 0% or more. The minimum jail sentence shall be 7 days instead of 48 hours. Any person who is convicted of a second offense shall be fined not less than $600, no more than $3,500, shall be confined in the county jail or workhouse for not less than 45 days, no more than 11 months and 29 days, and shall be prohibited from driving in Tennessee for two years. Any person convicted of a third offense shall be fined not less than $1,100, no more than $10,000. Shall be confined in a county jail or workhouse for not less than 120 days, no more than 11 months and 29 days, and shall be prohibited from driving in Tennessee for not less than six years. Any person convicted of a fourth offense shall be guilty of a class E felony and shall be fined not less than $3,000, no more than $15,000, and shall be confined for not less than 150 consecutive days, no more than the maximum punishment authorized for the appropriate range of a class E felony and shall be prohibited from driving in Tennessee for eight years. Any person convicted of a fifth offense shall be guilty of a class D felony and shall be fined not less than $3,000 no more than $15,000.
Shall be confined for not less than 150 consecutive days no more than the maximum punishment authorized for the appropriate range of a class D felony and shall be prohibited from driving in Tennessee for eight years. Any person convicted of a six or subsequent offense shall be guilty of a class C felony.
Shall be fined not less than $3,000, no more than $15,000, shall be confined for not less than 150 consecutive days, no more than the maximum punishment authorized for the appropriate range of a class C felony, and shall be prohibited from driving in Tennessee for eight years. Any person convicted of any offense while accompanied by a child of under 18 years of age, the person shall be fined $1,000 in addition to the fine for the DUI offense and shall be confined for a mandatory minimum period of 30 days, which shall be served in addition to any period of incarceration received for the DUI offense. If the child suffers serious bodily injury as approximate result of the DUI offense, the person commits a class D felony and shall be punished for vehicular assault as provided in Tennessee code annotated 3913106.
If the child is killed as approximate result of the DUI violation, the person commits a class B felony and shall be punished for a vehicular homicide result involving intoxication as provided in TCA 3913213 subsection B2. In addition to the required sentencing, a judge may order substance abuse treatment, substance abuse assessment, conditions of probation, and or monitoring with periodic reporting using one or more of the following: transermal or other alternative alcohol or drug monitoring device. Electronic monitoring with random alcohol or drug testing, GO global positioning monitoring service.
In in determining whether a conviction is the second or subsequent offense, it does not matter whether the prior offense occurred in Tennessee or in another state. In determining whether a conviction is the second or subsequent offense, all prior convictions within the past 10 years from the current conviction shall be considered. If the person's current conviction is within 10 years of the previous conviction, the person shall be considered a multiple offender. If the person is considered a multiple offender, then all convictions within 10 years of the date of the immediately preceding conviction shall also be considered in determining the number of prior commit offenses. For purposes of determining if the person is a multiple offender, the state may use a conviction for an offense committed in another state that will constitute the following if committed in this state.
driving under the influence, boating under the influence, vehicular assault, aggravated vehicular assault, vehicular homicide or aggravated vehicular homicide.
State may also consider an offense committed in another state as a prior conviction if the elements of the offense are the same as the elements of the comparable offense in this state.
For purposes of determining if a person is convicted of DUI as a multiple offender, a prior conviction for boating, boating under the influence, vehicular assault, aggravated vehicular assault, vehicular homicide, or aggravated vehicular homicide shall be treated the same as a prior conviction for DUI as long as a person was convicted of the prior offense before committing the instant violation of DUI.
A defendant's automobile may be subject to seizure and forfeite upon a second or subsequent conviction of a DUI offense.
Unless a person convicted of violating TCA 551041 is determined to be indigent, the minimum applicable fine shall be mandatory and shall not be subject to reduction or suspension. All fines are to be paid on the date sentence is imposed unless the court makes an affirmative finding that the defendant lacks the abil present ability to pay.
The court shall then order a date certain before which payment shall be made should the defendant fail to comply with the orders of the court. The clerk shall notify the court of the failure for further proceedings. Payment of restitution to any person suffering physical injury or personal loss as a result of such offense if the person is economically capable of making the restitution shall be imposed as a condition of probation.
Now I am going to give you this sheet that shows that you have had this read to you in open court. I am making an affirmative finding that she lacks the president ability to pay due to the fact that she is indigent and has a public defender as well as the fact that she is presently incarcerated. She'll need to sign that now. Now, do you understand everything that's been explained to you thus far?
>> Yes, sir.
>> You still wish to plead no contest and wave your right to a trial and to an appeal?
>> Yes, sir.
>> Is your decision to plead no contest today voluntary?
>> Yes, sir.
>> Anyway, forcing you to do this against your will?
>> No, sir.
>> Do you understand? I cannot accept your plea unless I'm satisfied there is a factual basis for it and that you are in fact guilty of these charges.
>> Yes, sir.
>> Do you understand? Then, if you'll listen as the state tells me what their evidence would be if this case went to trial. Mr. Vaughn, if Mr. Uh, Robbie, if you'll pull that microphone up. I don't know if is it working or not. Is it working?
>> Nope. All right. Come on up.
>> In 1981 on November 24th of last year, officers were sitting stationary at a gas station, I believe on Jackson Phelps Road here in Chetm County, Tennessee.
They observed a pickup truck pull into the gas station, pull up to the pumps.
Miss Bumpus did get out of the driver's seat. She did go inside the store, remained inside the store for about 40 minutes. Officers then approached and ran the tag of the vehicle which came back stolen. Miss Mus once she noticed the officers, they would state that she went back to the vehicle. The passenger in the vehicle, who's the codefendant, gets out of the passenger seat, attempts to go to the driver's side, then attempts to go in the store. He is taken into custody as well as Miss Pumpus.
They are separated. Once they are separated, um, both are very clearly under the influence of whatever substance, probably fentanyl and a methamphetamine mix, which I'll get to in a second. They talk to Miss Bumpa.
She states that the passenger does have drugs in the vehicle as well as on his person. Officers go and search him and find, I believe, 25 grams of and 17 grams of two different substances. I forget which one was crystalline and which one was suspected heroin. in a sock after they hook him into custody.
During their interaction with Miss Bopa, she continually makes reference that there are drugs in the car and they do belong to the codefendant and she would be expect be witness at trial if her codefendant goes.
>> All right, Miss Bumpers, do you understand that's what the state's evidence would be at trial that you have agreed as a part of this agreement that you're going to testify truthfully to the u against any codefendant that might be required to go to trial? Do you understand that? Yes, sir.
>> And you understand that would be in compliance with what the state has has said their facts are. You understand that?
>> Yes, sir.
>> Um, are you satisfied with your attorney services?
>> Yes, sir.
>> Feel like Mr. Bond's done a good job of representing you confidently?
>> Yes, sir.
>> Mr. Bond, you don't have any reasons you should not enter this plea?
>> Not.
>> Anything further from the state?
>> Then Jerry K. Bumpus in docket number 19814. Upon your plea to count six of no contest. I find you guilty of theft of property sentence you to six years in Tennessee Department of Corrections.
That will be suspended to supervised probation. There is no restitution to be made. You're required as a condition of your probation to give truthful testimony against your codefended if you're called to do so. Count seven, you're found guilty of driving under the influence. First offense, sentenced to 11 months and 29 days in a county jail.
Sentence to supervised probation on time served. uh which she has credit for time served from November of 2024th of 2025 until today. So, she's more than completed the DUI sentence and um she has a $350 fine a cost loss of her license for one year and she must complete the victim impact panel. She'll still need to see the probation department. Counts one through five are dismissed.
>> All right. Dave versus Shannon Elliott.
>> Hi. Mr. Elliot has filed a postconviction relief uh petition and we have appointed you, Mr. Saul, to represent her.
>> Yes, sir.
>> Understanding you've had a chance to speak with her about this.
>> Yes, judge. We had an initial meeting uh downstairs earlier. Um she's being housed in uh Bledsoe County.
The discover has been released to me. I need a chance to get through that and an opportunity to then meet with or Miss Elliot for the sake of uh doing amended petition.
>> Give you time to file your any sort of amend to the petition that's been filed >> and then we probably need to set it for status as to having a hearing on it.
Um, my next term here is not until July.
You were here on July the 1st through the second on the reader postconviction release.
You want to have the status on that day or do you want to go ahead and set a hearing date on this one?
>> That'd be fine, judge, if we do status on July 1st.
>> Okay, >> we'll set it on July the 1 for status and if necessary, we can set it for hearing later in the month.
>> Yes, sir.
>> You said to confirm the proed and then respond to it. Yes. Yes.
>> Yes.
>> Um, do you want to set a time? I think there by rule there may be a specific time set set out in statute. Is there Let's just make sure that we are uh complying with all of the requirements in the statutory times for you filing your amended petition and then serving that on the state and then the state has the right to prescribe.
>> Yeah. Then we'll get a preliminary board done as well. Okay, >> order was already done with Mr. Vanderborg on it. So, we'll need a new updated order.
>> Okay, >> we'll take care of that. We'll set it for status on July the 1st and make sure that all of those other things are done.
>> Yes, sir.
>> All right.
>> Thank you, judge.
>> Thank you.
All right. Then the next thing we have is the or the last thing we have is the state versus Timothy Joseph Lewis. And we'll uh take a break. I told the family to be here.
>> All right. We'll take a break. Let me know when everyone's here and then bring the inmates in.
We're going to deal with the jail cases first so that we can try to clear them out.
Just sacrifice the whole chicken.
All right, we got three inmates in.
Let's bring the first one up, please.
All right, judge.
>> Represent Mr. Bandy and all of his cases. Um, please sheet reflects all four cases. So, I've used as much abbreviation as I possibly could.
Effectively, this involves cases 1 19838 through 1 19842 um with varying ranges of misdemeanor um felonies effectively for 1983.
He will plead be pleading to count one aggravated criminal trespass a misdemeanor. It'll be 1129 suspended to supervised probation. Stay away from victim. As far as 1 19840, you'll be pleading no contest to count one resisting arrest, a B misdemeanor, and count two evading arrest, a misdemeanor. Um, that'll be 6 months on supervised probation 1129 suspended to supervised probation concurrent with 1983.
In reference to 1984, he will be pleading to count one evading arrest of the defelony variety. That'll be four years suspended to supervised probation, also concurrent with 19839.
And finally, in 1984 two, he will be pleading to count one, evading arrest, e- felony version. Um, that'll be two years suspended supervised probation concurrent with 1983. All other counts in all other cases will be dismissed, meaning 1983's completely dismissed. Um, he'll receive jail pre-trial jail credits from 11425 to 3526.
All right, Mr. Bandy, raise your right hand.
Let's have you placed on the road.
>> Yes, sir.
>> State your full name for the record.
>> Thomas Wayne Bandy Jr.
>> Mr. Bandandy, you're here on a multiple on multiple indictments, um, multiple cases, and you've heard your lawyer go over what the agreement is disposing of those cases in which you're going to be pleading to some, and you're going to have some dismissed as a part of the agreement. But have you seen or been shown a copy of all those charges, talked them over with your lawyer, and you and Mr. Vaughn discuss the range of punishments you're facing, as well as any possible defenses you might have?
>> Yes, sir.
>> Well, it's indicated that you want to enter a plea of no contest. Do you understand that simply means you're not going to admit you did anything, but you're not going to contest the state's evidence when they tell me what the evidence would be in each of these cases, and I will use their statement of evidence to find you guilty according to this agreement. Do you understand that?
>> Yes, sir. Do you understand, however, that you have a right to plead not guilty to all charges and to have a speedy and public trial by jury?
>> Yes, sir.
>> Do you understand if you went to trial, you would have the right to have a lawyer and to have one appointed as I've done with a public defender?
>> Yes, sir.
>> Do you understand that if you went to trial, you would be presumed to be innocent until such time, if ever, the state proved your guilt beyond a reasonable doubt, to the satisfaction of all 12 jurors, and their verdict would have to be unanimous before you could be convicted of anything.
>> Yes, sir.
>> Do you Speak up just a little bit. We're recording everything that's being said and and Mr. Brandon down here has got to take it down as well. Do you understand that if you went to trial, you and Mr. Vaughn could confront and cross-examine every witness the state called to testify and you could bring in your own witnesses by using a subpoena?
>> Yes, sir.
>> Do you understand? You could you would be presumed to be innocent. You would not have to testify or prove anything and no inference of guilt would arise because you did not testify at your own trial.
>> Yes, sir. Do you understand that if you went to trial and you were found guilty, you could appeal that conviction on a sentence imposed through the Court of Criminal Appeals and have a lawyer appointed to help you with that appeal?
>> Yes, sir.
>> Do you understand that by entering this plea, you're waving your right to that trial and to an appeal? All I'm going to do is approve what your lawyer has worked out with the state. Do you understand that?
>> Yes, sir. Do you understand that's going to result in a number of convictions and those convictions are going to be on your record in the future to make more severe the punishment you'll receive if you are ever again convicted of a crime?
>> Yes, sir.
>> Do you understand everything I've explained to you?
>> Yes, sir.
>> Do you want to wave your right to a trial according to this agreement by entering a plea of no contest?
>> Yes, sir.
>> Is your decision to plead no contest today voluntary?
>> Yes, sir.
>> Anybody forcing you to do this against your will?
>> No, sir.
>> Do you understand? And I cannot accept your plea unless I'm satisfied there is a factual basis for it and that you are in fact guilty of these charges.
>> Yes, sir.
>> Then I want you to listen as the state tells me what their evidence would be if this case went to trial. Mr. Willoughby.
>> Yes, sir. And do 1983 on January 24, 2025.
Officers will dispatch 1076 John's Road for a burglary process. Uh the victim advised us he had uh had someone enter his home. He grabbed his 9 mm handgun.
He was holding it at gun point. That person turned out to be Mr. Randy. He was arrested at the time for aggravated burglary because of how soon he was as we did not feel like we could prove the intent to commit an underlying theft 19840 or felony on November 4, 2025.
Deputy Bronfield um knew he knew Mr. Bandandy and that he had two warrants for his arrest. He was walking away from the courthouse and then attempted to apprehend. He evaded on foot and was found around the area of the courthouse about 10 minutes later in 1984 on October 7th, 2025 officing a stationary observation on Marabone Road here in city. They observed a vehicle with a headlight out attempted to make traffic stop on that vehicle. It evaded achieving speeds of up to and over 110 miles an hour.
Eventually, Mr. Bandy was apprehended in that vehicle. I do not believe there was >> he was taken in after that chase finally in Dr. 842 on May 28, 2025.
Offered for patrolling here in June County, Tennessee attempted to conduct a traffic stop by Mr. Bandy. Vehicle fled at a high rate of speed. Um, Mr. Bandy was able to be seen clearly and again was apprehended later.
Believe it's all of Mr. B's cases.
>> Mr. Andy, I'm not asking you to agree with those facts, but do you understand that's what the state's evidence would be if this case went to trial?
>> Yes, sir.
>> You still wish to plead no contest according to this agreement?
>> Yes, sir.
>> Are you satisfied with your attorney services?
>> Yes, sir.
>> Do you feel like Mr. Vaughn has done a good job of representing you competently?
>> Yes, sir.
>> Mr. Vaughn, do you know of any reason he should not enter this plea?
>> No, I don't judge.
>> Anything further from the state?
>> No. Then Thomas Bandy in docket number 19839.
Upon your plea of no contest to count one, an amended charge of of aggravated criminal trespass, I find you guilty.
Sentence you to 11 months and 29 days in a county jail that will be suspended to supervised probation. You are ordered to have no contact with the victim. In document number 1940, count one resisting arrest, a class B misdemeanor.
you're found guilty, sentenced to 6 months in a county jail, suspended on time served. That will be supervised probation as well. Count two, evading 11 months and 29 days in a county jail, suspended to probation. Um, that will be concurrent with docket number 19839.
In document number 19841, count one, you're found guilty of evading arrest of class D felony sentenced to four years of Tennessee Department of Corrections and will be suspended to supervised probation and will be served concurrently with the prior cases. Count one of 9842, count one, be found guilty sentenced to two years in Tennessee Department of Corrections that will be also suspended to probation and concurrent for an effective four-year sentence. if I'm reading this all correctly and u he'll be given presentence jail credits all remaining counts and case number 19838 are all dismissed as a part of the agreement need to see the probation department >> thank you we got in front of me to one count of aggravated assault is that correct >> that's correct >> and the agreement was it would be set for sentencing I want to state on the record what I've already told the attorneys in this case.
And that is at the time that I accepted that plea and and set the sentencing hearing, I was unaware of the fact that Mr. Lewis was uh the brother-in-law of Sheriff Tim Binkley.
I uh don't know for sure, but as I explained to the lawyers, my wife I know Sheriff Binkley. I have known him for years before he became sheriff. In addition to that, I also um haven't been made aware by my wife that there may be some distant relation between her and Sheriff Binkley. I've never been to any of their functions of where there was any kind of family. I have no idea if there is or isn't, but I know they've jokingly made that reference. In addition to that, my wife has family that are named Morris, which I think is the last name of the victim. She's from Sheetum County and she has family that are named Morris. And for that reason, I've told the lawyers that I don't know any of the parties involved in this case. I don't know anything about the case other than to what I've read in the in the presence report and what was other. Uh if anybody has any objection to me hearing this case and in rendering a decision on sentencing based on what I have made you both aware, then I want I want it to be stated on the record right now as to that and I'll gladly step aside.
the two victim. Well, there's more family out in the gallery, but uh the two that are here as a spokesman, I've explained everything you just explained to them and they very much want to proceed today and are front.
>> Now, I've done the same thing with Mr. Lewis. I've explained to him exactly the concerns and the situation here. He has indicated that he is wanting to pursue this today as well. Well, I want to make clear that I obviously I my first reaction was that I would recuse myself from the case to avoid any appearance of impropriy or any kind of of interest or bias that I'm might be inferred from the fact that I've made everyone aware of that um situation and the fact that I know Sheriff Binkley, but I don't know any of these parties and if everybody is waving any sort of conflict then I am going to render this decision uh based on what I think the law and facts are and it's not going to be based on any relation to Sheriff Binkley or anybody else. It will be solely on what the facts and the evidence are, what I think should be appropriately done.
>> Understood.
>> So, I'm making that statement so that anybody who's dis who is uh not satisfied with my ruling has been given the opportunity to have a different judge hear it and everybody's wave that.
So, we're going forward.
>> Defense is fine with that.
>> State may call you first witness.
Can we carry you step around here please? Ma'am, raise your right hand. Be placed on the road.
You sound for our testimony. The trick to hold.
>> I know I told you before, but seriously, that chair is finicky.
>> Chair is a menace and a potential liability to the state to the county, but it seems to never get fixed. So, >> you probably have to talk right in that microphone, too, because the acoustics here are pretty bad. You could just state and spell your name.
>> My name is Carrie Batty. C A R R I E B E A T Y.
>> And what is your relationship to the victim in the case?
>> Um he is my grandfather.
>> And to start off, you have a statement you wanted to read.
>> I do.
>> If you could just read that. Um, your honor, my grandfather, Kenneth Morris, survived being shot in the summer of 2024, but the life he lived before that day is something he will never fully get back. My name is Carrie Batty and I'm speaking today on behalf of my grandfather and our family. That in the summer of 2024, Kenneth Morris was shot by a previous neighbor. Um, what happened that day caused severe and permanent changes to his health, his independence, and his sense of safety.
Before this incident, my grandfather was fully independent. He managed his own home, his finances, and his daily life without assistance. And since the shooting, he has sustained permanent nerve damage that significantly affected his mobility and balance. And he now requires the use of a cane to walk.
Because of these injuries, he's experienced multiple falls, some of which have required addition additional hospital care, and his mobility is no longer stable, and activities that were once routine, now carry a risk of injury.
He's also experienced cognitive decline, including memory loss. And because of this, he now needs assistance managing his finances and other responsibilities that he once handled independently.
The man who walked into that day independent and strong is not the same man who lives with the consequences of that moment. And a person should be able to grow older with dignity and independence because of this act of violence that independence was taken from him.
As a nurse, I personally cared for my grandfather's wounds for more than four months after the shooting, performing daily wound care and dressing changes while also helping coordinate his medical appointments and being here um in his absence for the court dates. And through that care, I witnessed firsthand the physical and emotional impact this injury has had on him.
Beyond the physical trauma, he also suffers from psychological effects, including nightmares and a lasting loss of his sense of safety. The place he once felt secure now carries memories of trauma.
This crime did not only injure Kenneth Morris physically, it took away his independence, his stability, and the dignity he once had in his daily life.
In your honor, we respectfully ask that the court consider the long-term medical, cognitive, and emotional consequences of this crime when determining a sentencing today. Older adult adults deserve protection, safety, and dignity in their own communities.
And what happened to my grandfather shows how devastating it is when that protection is violated. And because of this act, my grandfather has lost three things that can never truly be returned.
And that's his physical health, his cognitive independence, and the ability to live the life he once managed on his own. And we ask the court to impose a sentence that reflects the seriousness of the harm caused and help protect other families and vulnerable members of our community. No sentence can restore the health and independence Kenneth Morris lost that day. But accountability today recognizes the seriousness of what was taken from him. And as both a nurse and his granddaughter, I witnessed the wounds this violent c this violence caused. Not only the ones that required bandages, but the ones that changed the course of his life.
>> I got a couple additional questions for you, Miss Batty. Um, you said you were a nurse. Where did you did you go to school for that?
>> I did. I'm uh currently licensed with the state of Tennessee as a licensed practical nurse with a secondary wound care certification.
>> And where do you where did you get your education?
>> Uh TCAT of Nashville.
>> How long have you been doing that for a living?
>> Um I have been a nurse um almost six years. I obtained my license in October of 2020.
And just you said you cared for your grandfather's wounds, >> correct?
>> Where was he exactly shot?
>> Um, he was shot in the back of the left thigh and it was a through and through wound that exited the front of his thigh above his knee.
>> And you said you when you say you cared for it, was there was that a pretty simple process? Did it heal pretty easily or was it a long drawn out deal?
Um, we started the day he came home from the hospital, which I believe was like July the 26th of 2024.
Um, and that finally healed at the end of September of that same year.
>> Now, September, would that have been of 24 or five?
>> 24.
>> 24.
>> And you said there's been some lasting effects that you have noticed. Have you also helped care for those other effects?
>> Yes, sir. specific to his left leg. What is the current status of that?
>> Um the current status of that is he follows with an orthopedic specialist um in Nashville.
Um he has nerve damage in that leg.
>> I'm going to object to this about any sort of medical records or anything.
Well then I would tend to her as an expert because she's a nurse that's been caring for her grandfather.
Your objection is as to the statements that she's making regarding his medical condition.
>> Yes.
>> And you're basing that upon the fact that it's hearsay.
I'm going to overrule the objection and allow it because I believe it would be reliable hearsay based on the fact that she's >> I mean, I would argue it's not even hearsay. She's talking about care she's currently providing.
There's no no question that she is been licensed as an LPN. You have any objection to her qualifications as an expert as at least as far as a nurse goes?
>> Yes.
>> Okay. Then we'll put on the proof regarding any if you want to have her qualified as an expert. We'll move forward.
>> So going back to your education.
>> Yes sir.
>> Where'd you go to high school?
>> Uh Chetum County Central.
>> And after that did you immediately go to a nursing program or did you do something else in between? No, I did something else in between. I worked as a medical assistant um and then acquired my CNA.
>> Where were you a medical assistant at?
>> Um it was a pain clinic in Nashville that is no longer in business.
>> What were your duties there?
>> Um checking in patients vital signs, making follow-up appointments for patients, >> but it was still in the medical field.
>> Correct.
>> So you're familiar with terminologies and diagnosises and things of that nature?
>> Yes, sir. Now after that did you remain in the medical field or is that when how long did you do that?
>> Um I did that I believe for just a couple of years um and then obtained my CNA um to be able to work um with the geriatric population um before I decided to go back to school to obtain my nursing license.
>> Okay. So what did you have to do to get a CNA? Um it was just a course that I had taken um in Clarksville. Um it was a weekend program and they taught you the CNA um handbook and then you took a written and a skills test um with a representative from the state of Tennessee.
>> And then after that you went on to get your nursing license.
>> Correct.
>> What did you have to do to obtain that?
I attended a a year program at TCAT Nashville.
Um it was a year-long program and then after that I had to take a test that is given by the nursing board called the INLEX >> and you pass all that and you're now a nurse.
>> Yes sir.
>> And for the you said you've been that is my memory serves for the past six years and I you keep making reference to it.
Do you specifically work with elder patients. And where do you work?
>> I work at National Healthc Care Corporation of Hendersonville, Tennessee.
>> Has you always worked there for this whole six years?
>> Yes.
>> And what are your duties there?
>> Um, I am currently the wound care nurse at that facility. Um, prior to that, I was a unit manager, charge nurse, and then prior to that, I was doing bedside nursing. state would tend to her as an expert as a nurse.
>> I would I would tend to her I'll give her the wound care portion of it. She's gonna testify as to neuropathy, nerve damage and orthopedic stuff. So she's not far off. Again, she's an expert. She can give her opinion.
>> She is an expert. I'm classifying her as an expert um in the medical field, not as a physician, but rather as a nurse.
She has served as a charge nurse. So she's well familiar with uh wound care and and recovering of injuries. And I think as a result of that, she can also she has personally cared for. This is unlike a situation where she may be just testifying about of a review of records.
Her testimony is if I understand correctly, based on her own personal care of her grandfather's wounds. So I am overruling objection because any testimony that might be outside of of that would be based on reliable hearsay.
So I am overruling your objection. Thank you.
>> Don't remember where we were, but I think I do. So I think we were talking about his leg and where it currently is situated.
>> Is there currently a problem with his foot? Just to cut to the chase.
>> Yes.
>> And what is the issue that he's having with his foot? Is it his foot or his whole bottom? with his whole leg um nerve damage, but he is also have upcoming appointments with a vascular surgeon um for concerns of some arterial damage to that leg as well.
>> And are they making a decision whether to cut it off or not? Is that what we're really bottom line talking about or no?
>> Um I can't answer that question because I have not attended that appointment.
Fair >> when with him >> and did you did you know your grandfather before this incident?
>> I did.
>> Did you know and you know him now?
>> Correct.
>> Was he able to walk and get around before >> without any assisted devices? Yes.
>> And what is his current ability to ambulate to use your medical words?
>> Um he now ambulates with um assisted equipment which is a walking cane. Um, and if he's not using that in the house, he does what you would call furniture walking where he just holds on to furniture to get around the house >> as he his limited ability to walk around resulted in any other injuries far as like has he fallen?
>> Yes, he's had multiple falls since this incident. Um he has had two specifically that have required um ER visits and one in which he received stitches to his lip.
>> And again, did you knew your grandfather before?
>> Yes.
>> And you know him now.
Do you notice a cognitive difference before and after?
>> Absolutely.
>> And describe what he was cognitively like before. cognitively before um he lived in his own home, managed his own finances, activities of daily living. Um he had independence with that. Um he now requires assistance with his activities of daily living which would include um dressing, bathing um and financially um his memory is just not what it once was. And so my aunt um helps with his financial decisions.
Have just one second your honor.
I don't have any other questions. Mr. >> Devon, you have any questions?
>> Thank you, ma'am. You may step down.
>> You may call your next witness.
>> We don't have any other witnesses, your honor, but I did not move the precinct as it exuded. I have a copy of your >> I have a copy that was filed, I think, with the court on February the 17th of 2026. Any objection to the prescence report, Mr. Ball? All right. Presentence report will be admitted in marked as exhibit one till this hearing.
So the state has no other witnesses. All right. State has rested their proof. Mr. Bond, you wish to put on proof.
>> I do judge in the way of state.
>> All right.
>> Yes. He may come up here.
And an allocation statement is not with proven to be placed on the road.
>> Correct. But I need to probably get his name on the record.
>> Yeah, you can go ahead and put your hand down. An allocation you can put your hand down now. Thank you. An alocation that you've been that your lawyer has has asked you to make is an unsworn statement that a defendant in a criminal case has a right to make. It is not considered to be testimony, but rather just a statement that you would make. So that's the reason you're not being placed under oath. So you may have a seat and state your full name.
>> Watch it.
I have known Mr. Morris for State your full name when this happened.
>> State your full name.
>> State your name for the record.
>> Uh Timothy Lewis.
Um I' I've known Mr. Morris for 24 years before this event happened. And um we never had any bad words. We never had any issues at all. Um, I would love to see us go back to that being neighbor thing. Um, but I know that that's more than likely um not possible. Um, from the very onset of this uh my statements um from the police official police report has not changed one word that um my words have been consistent and they have been true. Um you know, Mr. Morris did come onto my property and he did verbally assault the Shidam County Sheriff's Department, my current brother-in-law and then he started on me. Um, and I asked him to leave very cordial and uh his reply was make me and he got out of his vehicle. Now, at this point, I was shocked and surprised that that happened. But at that point, he wanted to get into a physical altercation.
Um, I didn't want to do that. I went out of my way not to hurt anybody. I don't want to hurt Saul. Um, so I keep I kept demanding that he leave my property. The more that I demanded that, the more agitated and the more belligerent he became.
So, as it went forward, a knife came out.
And when the knife came out, I have low blood pressure. A really good cut makes me pass out. So, to me, a knife is a deadly item. And I still kept trying to get him to leave my property. I didn't instigate any of this. I was sitting at my house trying to load up some garbage to take to the to the dump. That was all I was trying to do at that point.
Um, he kept walking back and forth from the road back and forth my driveway with his vehicle sitting in my driveway. Now, for 24 years beyond that, I would have never ever expected something like that to ever happen. It it just it was just totally just mindboggling to me. I was having trouble trying to wrap my head around it as to what was actually going on. Um, the look on his face, the look on his eyes, the gritting of the teeth, the the stress and all that. I could see that and I could see that this was going to get really really bad really really quick. I'm still in 100% 100% defensive mode here. I don't all I wanted was him to leave my property and that was 100% it. Everything beyond that. Um as he started to get more agitated and the look on his face didn't change and the gritting of his teeth got even worse, I knew that this could be turned around really bad really quick. I'm still in defensive mode. I'm still consistent on everything that I've said since the very day this has happened. And all my worrying has not changed one bit. And there was only two people at that property at that time. Only two. Me and Mr. Morris. There was nobody else there.
And I can tell you that I will stand to my very dying day saying that what I've told you has been true. I would love to see things go back to the way they were.
that type of life. Having neighbors that you get along with and that you talk to and that you help and they help you is it's it's a whole different life. And you know, I I know that that's gone. And you know, being in 100% defensive mode, that's one that's the reason all I was trying to do was run the guy off. That was all I was trying to do. I didn't have a knife. I didn't have anything else. So, yes, I pulled out a a handgun.
I fired it in the air twice to let him know, listen, just please leave. Just leave. And he would not do that. The last shot that I fired, I apologize. I have no idea. I didn't was not aiming for him. I don't know how it happened. I really to this very day, it bothers me.
It keeps me up at night. It It bothers every day of my being. There has not been a day that has gone by where I have not just totally ran this thing through my head and totally trying to get to grips on it until this very day I just I just can't explain it. Um I went out of my way not to get into a physical confrontation not to hurt the guy and I ended up doing it anyway. um you know, the the political aspects of this and and the the the family history, uh all the things that's gone on with uh with that family and and the Chetm County Sheriff's Department. I became part of that by default. Not by design, not by my being, but by just sheer unadulterated default. And I ended up paying the price for it. I I fully did not meet demand at all. Would you repeat what you just said?
>> I'm sorry, sir.
>> What was the last thing you said? I didn't hear that part clearly.
>> That I I really was trying not to hurt him. I went out of my way not to and I ended up doing that anyways. Um, you know, I'm I really really just I'm I'm still tore up about this. It's cost me my job. It's cost me future employment. Um, it's cost me just about everything. And you know, it's when you're in defensive mode and you're you don't think about those things. When you when you see that your life is in danger, there's a possibility that things could go really bad, you don't think about those things. But and you also come into the realization after the fact that your actions can cause long-term consequences. And to this very day, it it's still it just it won't leave my head. It just stays there every day. You know, like I said, I went out of my way not to hurt him and I ended up doing that anyway and and I really really whole spectrum apologized for that. Um it just um it's completely took my life downhill.
Are you done? Okay, let me step down.
Well, you have any other witnesses?
>> No, I do not.
>> State have any rebuttal witnesses?
We'll hear you an argument.
Starting with the enhancement factors under 4035 1114 state would argue that number four would apply the victim of the offense was particularly vulnerable because of age or final or mental disability. I think at uh his granddaughter has testified that he is an elderly man and this has resulted in as Mr. Lewis said you know lifelong consequences. I would argue that number nine would apply. Defendant possessed or employed a firearm during the commission of the offense. That's obvious. On number 10, I believe would also apply.
The defendant had no hesitation about committing a crime where the risk of human life was high. I don't understand how anybody could ever fire a gun even in someone's direction and not have that in their mind. as well as number 11. The felony resulted in death or serious bodily injury or involved the threat of death or serious bodily injury to another person.
Well, no, that would not apply. He does not have a prior felony, but in any instance, bottom line here is the state is asking for at least a split confinement sentence. I think that's what u the family's wishes would be as well, just some sort of consequences for this type of behavior. I I understand Mr. Lewis's statement about, you know, what he was attempting to do, but and not to play, you know, quarterback the next week, but he also just could have went inside and locked the door. He didn't have to go all the way back inside, get a gun, and try to scare someone away. I understand that I'm a Second Amendment person, too. But with those rights come pretty big responsibilities. And knowing when and how and to use a gun, I believe you're trained. If you're going to pull a gun out on somebody, you need to be prepared to use it and kill them, not scare them away. So, and hearing his statement, I understand he's apologetic, but it seems to me that he's more apologetic about not being justified than what the results of his actions were.
That's what I took from it, but your honor can take whatever. And I understand he said it cost him a lot, but I think we've heard it's also cost the victim a lot. You know, his ability to his mobility, his mental abilities, his financial abilities or inabilities have all been affected just by what should have just probably been an argument amongst neighbors and you go your separate ways. But Mr. Lewis chose a different path and that's why we're here. So that's what the state's asking for.
>> Do you believe uh you didn't address it, but the first enhancement factor the defendant has a previous history of criminal convictions for criminal behavior in addition to those necessary to establish the appropriate range. Is there do you believe that is applicable in this?
>> I I do not your honor. I think he's maybe has a distant conviction for a DUI if I remember that correctly. The precedence report shows that on 216 of 91 he was convicted of criminal impersonation and 330 of 90 1988 he was convicted of of or 63 of 88 he was con convicted of criminal impersonation. Then he has a failure to appear and then he has an attempt to commit burglary on uh 12 11:30 of 1978 and the sentence in that was 2 years and uh suspended after 30 days that's according to presence report >> then I guess it would apply but I mean to be fair those are very distant in his past and there's a large gap but I would I guess argue technically that number one would apply with that notation.
>> Okay. So, judge, I guess this is kind of a twofold argument. One, I guess the first part being just as an individual being raised in Chetm County. Um, and then the second obviously would be more of addressing these mitigating factors.
Um, I don't know. Ever since ever since I got this case came into my in my possession, I've just I've just thought of my father and what he would do in this situation and I know exactly what it would be.
You you cannot just show up to someone's house yelling, screaming, running their family up and down the wall, causing a big hoopla, and expect nothing to happen. I know for a fact Michael Elvon would 100% have shot Mr. Morris, too, because I know him. Because you just don't do that. He was he he told you to leave. It's and and I hate to do the victim blaming stuff, but my gosh, Mr. Morris should know better than that that there are going to be some kind of consequences. Mr. Lewis didn't ask for him to come over to his house. He was minding his own business. Minding his own business. He tried to deescalate the situation and correctly put, General Willoughy's Monday morning quarterback.
Yes, I'm sure that there Yes, there are other things that he could have done, but I wasn't there. I don't know. But I can tell you I can tell you precisely how many times I'll tell you to get off of my property on Swedom Road and it's it's not I nowhere close to 10. Um >> I would caution you against implicating yourself in any future situations that might arise by making a statement of intent.
>> That's fair just in the sense of if I tell you to get off of my property, I I mean it. And I think that that is a reasonable feeling that most people owning land, >> what does the law regard and this we're just having a discussion. I fully understand what you're saying. You're talking to somebody who was raised in Houston County, Tennessee.
>> Right.
>> So I I'm more familiar with this than perhaps anybody in this courtroom.
>> Correct.
>> But what is the law in the state of Tennessee regarding the use of deadly force? When is a person justified in the use of deadly force? If if you're being threatened with deadly force, >> state versus Garner, you have to be to use deadly force. Deadly force has to be at least appeared to you to be used against.
>> Well, thank you. I I'm aware of what the what the rule was. I'm asking Mr. Vaughn in incorporating it in his argument.
When you make those statements about somebody who just shows up and refuses to leave, is that justified in using deadly force? And the law says it's not.
>> Correct. Now, only if you are then threatened with deadly force yourself are you entitled to use deadly force in defense of yourself or your home. But I understand, you know, come somebody coming on your property and it refuses to leave. That's a problem. That's why we have a 911 call to the sheriff's department.
>> Correct.
>> I interrupted you, Mr. Bon, and I have great respect for what you say and how passionate you are for your clients. So, please continue. So, so yes. Yes. And and I'm not saying that the deadly deadly force or at least the the appearance of was displayed in this case and after being asked numerous times numerous times to leave this this all happens. And I don't know.
I I just it I just I know exactly I know exact I know so many people like you said from being from Houston County. Oh my gosh. You would have never even you just know not to do that. Like I said, Mr. Lewis didn't go over to his house.
He went over to Mr. Lewis's house. All of that. So I guess I guess as far as the legal aspect argument of this, I would I would go through the mitigating factors.
I I think he qualifies, you know, as far as the minor role. Um I understand he's the one who pulled the trigger. However, if a minor role in the sense that this is 50/50 fault, if you ask me about number two, the defendant acted under strong provocation.
>> Yes, that is the reduced culpability, the strong provocation and duress. I think that that would apply. Um, I think that the fact that there's no I don't have these written down in order, but >> you want me to read them to you?
>> Sure.
>> Number three is substantial grounds exist tending to excuse or justify the defendant's criminal conduct of failing to establish the defense.
>> I think that Mr. Mr. Lewis himself said he felt threatened.
I think that that's justified. Um, I think I understand the the fear and the nervousness of being on your own property and being accosted. I believe I believe that. Um, he has no in no significant history I know is one there. There there's nothing I don't know what the attempted burglary was in 1978 or the circumstances surrounding that, but Mr. Lewis is 67 years old and from 78 to 2025 we've got some C misdemeanors maybe. I don't know what the circumstances were criminal impersonation were either but the '9s were a wild time anyway. But so no I would argue that that is a mitigating factor. This he has been a model citizen from from 78 with the burglary thing to to now in this situation. There's there's been no other incidents where of aggression, no gunplay. It's it's very rare, judge, that I have a client like Mr. Lewis at the public defender's office, obviously.
I mean, most of my I I have never been able to argue no criminal history ever.
Um I think that I think that be he's 67.
I think that age is certainly applicable in the sense of if we're if we're looking at this as a rehabilitation over incarceration, I think that I think that Mr. Lewis is a prime candidate for that in the sense that at 67 with no significant with no jail time other than this, that is not that is not where Mr. Lewis needs to be. Um he's older. He has some medical issues that he he chose not to discuss. Um I think that another another tick is necessity. I believe Mr. Lewis when he says that he felt like it was necessary. And he he said he did there was no intention to shoot Mr. Morris. And I think that leads on into another one is remorse. I think I think Mr. Lewis is remorseful.
He didn't want to do this. He He took many steps to not do this up until it happened. And Mr. Morris did nothing to mitigate this situation cuz he could have just left. He could have just left and then he wouldn't have these medical issues. I think that vulnerability certainly does not should not count as an enhancement factor. his own family members stood up here and said he was super duper perfectly fine, capable, spry, older gentleman living on his own. So, I think there's no molder ability. Um, as far as the enhancement factors, there's no criminal history.
There's no he's not a crime syndicate leader. Um, there's not multiple victims. He was not vulnerable. There's no kind of particular cruelty. There's no indication that Mr. Lewis received any pleasure out of doing this. He wasn't on bail or on probation and has nothing to do with any kind of drugs or any crime like that. Um the the wound by her own it took two months to heal. That's a gunshot wound.
I would expect that to be obviously there's some lingering issues going on and I'm sympathetic to that. I know that Mr. Lewis is too. But at this point, I would I would go going through the mitigating factors, I would call Mr. Lewis an especially mitigated offender.
Um, to that level, you know, if if I think that the the years if it's if it's a if it's probated sentence, the years what doesn't matter. I don't think Mr. Lewis would have any problem with that. But but incarceration in this or split confinement I I think is completely unjustified in the sense that there was a 20-year-old today the other book end that pled to the same thing and got 6 years of probation. Um I'm not concerned about Mr. Lewis's ability to complete probation successfully. He's been a law-abiding citizen for 67 years.
Um, so we would just ask we would ask for this to be probated judge because again I think he is an especially mitigated offender in none of the enhancement factors weigh he was talk we were talking about consequences the consequences of actions. Well now Mr. Lewis's second amendment consequences are going to be affected.
He's known that when we pled open to this back when I don't remember what month that was, but so yeah, probation, being a felon, can't vote, can't hold guns, like that's that seems that seems to be a fair shake, judge. But, uh, we just ask for, you know, a little a little bit of grace here. Um, especially considering Mr. Lewis's history and, you know, the overall circumstances of the case.
He gets to open and close >> like everything, brother.
>> I understand that we all know now not to go uninvited to Mr. Vaughn's house and he may disagree with the deadly force law in Tennessee. At least I didn't put your address on YouTube. But um but that's not the law. And beyond that, Mr. Lewis has plead guilty to breaking the law. So whether if he wanted to assert some self-defense, we could have had a whole trial. And the difference I think there, I think a big factor, I don't know. But for me in this case is, you know, Mr. Morris is not shot at his front door of Mr. Lewis's house. He's shot on the road by his truck because if got if it had went to trial, the state's position would be he was the one trying to leave in a vehicle before all this happened. And also the whole what if, should have, could have, would a this case is also uniquely positioned in the he's not just a Monday I'm not just Monday morning quarterbacking this. This man is literally in the family of the elected sheriff. So he knows he can call the police and he didn't choose to do so. instead he's firing rounds off trying to scare people off like they're deer or something and it hurt people and that's all we would ask for at least a split confinement sentence.
Well, this is a tragic case because in this court's opinion it never should have come to this pitu this situation.
Um Mr. Vaughn says it's not victim blaming, but by the same token, there's blame to go around on both sides of the scenario because you've got two gentlemen who knew each other and were friendly apparently and allowed an argument to descend into the point where they uh end up having weapons drawn or a weapon drawn and shots fired.
The very idea that it is okay to pull a weapon on somebody simply because they won't leave your driveway and fire shots in that direction is not the law in the state of Tennessee. I understand that may be the the practice that's in many parts of Chetan County. It certainly is a practice in many parts of Houston County and is often the practice in Dixon County where my home lies that somebody pulls up in your driveway without you know under suspicious circumstances then you know a weapon may be involved until it's determined whether or not there's any issues but Mr. Willoughby points out correctly that those issues were possible defenses for used in a what Mr. uh that Lewis has given in the way of an alocation is basically his defense and his defense being that he shouldn't be convicted of the crime because you know he was just acting in self-defense but that was waved when he entered a plea to the charge of aggravated assault and aggravated assault is a senate or is the offense for which he is charged. It is not attempted seconddegree murder which was count one I think of the indictment. Uh that was dismissed as a part of the agreement and instead he was allowed to plead to amended to the second count which was aggravated assault.
So what I'm required to do is to fix the sentence that is appropriate under these circumstances. Um clearly this has been a very very um monumental devastating injury to uh Mr. Morris based on the testimony of his granddaughter. He is his life has been forever altered.
Likewise, whatever I do in this case, as Mr. Vaughn pointed out, Mr. Lewis's life has been inalterably altered um in a devastating way because he is no longer going to be a citizen who has all of the rights of citizenship. He is going to be stripped of those rights and convicted of be a convicted felon.
The uh first thing this court is required to do is to impose the or to consider the sentencing considerations which are set forth in the Tennessee code under Tennessee code annotated 3510 40 I'm sorry 4035103 and I read these into the record so that the court of criminal appeals if there was an appeal uh is aware of the fact that I am following those or attempting to follow those considerations and applying a sentencing law, but also it's for the consideration of the parties involved in this case, both Mr. Lewis, his family, and Mr. Morris and his family, so that they understand that this is not a case where the court can just simply pick a number, decide what I want to do. I'm required to follow these uh rules and to apply them to the sentence and arriving at the sentence that is just under those rules. To implement the purposes of this chapter, the following principles apply. One, sentences involving confinement should be based on the following consideration.
A, confinement is necessary to protect society by restraining a defendant who has a long history of criminal conduct.
I don't find, even though I pointed out those things that were pointed out in the present report, I do not find that Mr. Lewis has a long history of criminal conduct. As was pointed out, most of those are uh the felony conviction was 48 years ago. Uh which speaks volumes.
B. Confinement is necessary to avoid depreciating the seriousness of the offense or confinement is particularly suited to provide an effective deterrence to those to others likely to commit similar offenses or me measures less restrictive than confinement of frequently or recently been applied unsuccessfully to the defendant.
the confinement to avoid depreciating seriousness of the offense could have application in this case because this is a very serious offense where Mr. Lewis thinks that that he was acting justifiably in what he did that the law says and he plead guilty to a charge that says he has violated the law and it has resulted in a serious injury to Mr. Morris measures less restrictive than confinement have frequently been applies of that doesn't apply. The sentence imposed should be no greater than that deserved for the offense committed. Inequalities in sentences that are unrelated to purposes of this chapter should be avoided. The sentence imposed should be the least severe measure necessary to achieve the purposes for which the sentence is imposed.
Number five, the l the potential or lack of potential for the rehabilitation or treatment of the defendant should be considered in determining the sentence allow alternative or length of term to be imposed. The length of the term of probation may reflect the length of treatment or rehabilitation program in which participation is a condition of the sentence.
Judges are in trial judges are encouraged to use alternatives to incarceration that include requirements of reparation, victim compensation, community service, or all of these.
And available community-based alternatives to confinement and benefits that imposing such alternatives may provide to the community should be considered when the offense is nonviolent, which obviously would not apply here. going back up that u inequalities and sentences that are unrelated to the purposes of this chapter should be avoided. Mr. Vaughn makes the point that uh earlier this morning we had a case where a 20-year-old individual plead guilty to aggravated assault, very same thing Mr. Lewis had, and uh he received a probated sentence. The distinction in that is that that individual had was incarcerated at the time and had been serving time at that point. And so the to draw the distinction that that individual got a free pass and got probations is a little bit misleading because that individual had been incarcerated for some time even though he did the same exact thing. He shot his girlfriend in the leg.
um that and he got a probated sentence, but he had been in jail for an extended period of time before that probated sentence was imposed. And I state that Mr. Vaughn knows and Mr. Willby knows those facts. I state that for the benefit of the parties involved.
The first thing I'm required to do is to set the u the range of the sentence. And clearly this this defendant is a range one offender or standard offender. So the range of sentence for a class C felony of which he has been convicted is 3 to six years for a range one offender.
Then in setting the sentence I am required to consider the uh mitigating factors and the enhancement factors. I'll start since the state goes first with the enhancement factors. The en enhancement factor number one the defendant has a previous history of criminal convictions or criminal behavior. in addition to those necessary to establish the appropriate range. I pointed it out to General Willoughby only because of the fact that I had read through this precinence report and it did show that Mr. Lewis had a prior history of criminal conduct. Albeit that that was extensive or a long long time ago. um it is a factor that the court must recognize. But by the same token, the court court chooses not to place great weight on that in the sentencing because of the fact that there was an extended period of time, some 48 years since the felony and I think it was probably about 30 years or more since uh the misdemeanors were involved. So for the last at least 30 years, he's been living a life without u any criminal actions.
Second factor that the state um cited and the court u will consider is the victim of the offense was particularly vulnerable because of age or physical or mental disability.
I would simply point out that I don't think that is applicable simply because of the fact that that that the proof was Mr. Morris was not in any disability or because of his age was not physically disabled uh prior to the shooting. He may be now and is now, but I don't find that the age that he had at that time uh was was made him particularly vulnerable. So I do not find that number four is applicable. Number nine, the defendant before trial, I'm sorry.
Number nine, the defendant possessed or employed a firearm, explosive device, or other deadly weapon during the commission of the offense. Clearly, that is applicable to this case because of the fact that there, as was pointed out by Mr. Will it be again? This would never have happened one from the defense standpoint if Mr. Morris had just simply gotten his truck and driven away or never got out of his truck. U both of these parties and when you read the statements that they have given in the presence report have conflicting versions of what took place. Um Mr. Mara says that, you know, that that he only got out to engage in a conversation and that he dropped his keys, I think, and picked up or dropped his pocketk knife. And when he picked it up, that's when the defendant uh decided to start shooting at him, that he didn't do anything to never went towards him, never caused him to be in fear. The defendant obviously argues that that the victim should have left and if he hadn't left, it wouldn't have happened. The state's argument is that the defendant could have gone back into the house, locked the door, and called 911, which is what should have happened. Um, especially so because of the fact that Mr. Lewis was involved somehow in his family was involved in law enforcement.
So, I find that number nine is definitely applicable and that the use of the firearm is is in this case not necessary and therefore that factor will carry great weight. Number 10, the defendant had no hesitation about committing a crime when the risk of human life was high. I agree with the state on this that you cannot imagine a more um a higher risk to human life than discharging a firearm. U according to the precent report again and the police reports, it was what it wasn't just one shot. There were multiple shots that were fired. And as a result of that, I find that that is a factor that would would apply. So based on my findings, there are three factors of enhancement that would apply. The first one not being given great weight, but the remaining factors I do the other two I do find to be applicable and I do find that they carry great weight. Mitigating factors, the uh second one is that the defendant acted under strong provocation.
I I pointed that out to Mr. von simply because I knew he didn't have a copy of what these were. But but this court does not find that a simple argument and a refusal to leave the property acted as strong provocation justifying the use of deadly force. As we pointed out, the law in the state of Tennessee governing the use of deadly force does not recognize the fact that someone refuses to leave your property is trespassing, you have the right to shoot them.
substantial grounds exist tending to excuse or justify the defendant's criminal conduct of failing to establish a defense. Um, I suppose I would recognize that as a mitigating factor simply because from the statements that Mr. uh Lewis has made in both preent report and in his allocation, he claims that he was uh in fear in some fashion uh from Mr. Morris. Again, I think again it was inexcusable to simply go back into the house, come out with a gun and start shooting when you should have stayed in the house and been safe. Um I don't find that uh any of the other mitigating factors would apply in this particular case and as a result of that I find that that only one mitigating factor would be applicable.
So in determining the range of the sentence, the court finds that an appropriate sentence of 5 years in the Tennessee Department of Corrections would be applicable considering the enhancement factors versus the mitigating factors. State has then requested that uh the sentence in this case be served on split confinement.
Split confinement is provided under 4035306 um which basically says a defendant receiving probation may be required to serve a portion of the sentence in continuous confinement for up to one year in a local jail or workhouse with probation for a period of time up to and including the statutory maximum time for the class of the conviction offense.
That is the statute under which the state is asking me to uh direct that uh he be placed in jail for up to one year.
The uh the court is aware of the fact that there was a case before me this morning that parties agreed that a 20-year-old would get probation, but that was after he had served some time in jail.
The the this is a a regrettable case from both sides of the equation. And both of these parties lives are being altered irrevocably from this point forward about how things are going to be for them in the future.
But I think that the fact that as I read the precinence report and the police reports, the fact that Mr. uh Lewis came out of his house with a weapon and began shooting um in the direction of whether he intended it to or not, in the direction of Mr. Morris and the pain and suffering that he inflicted upon Mr. Morris and the very serious injury that Mr. Morris suffered justifies there to be some incarceration in this case. So therefore, I find that the defendant's sentence will be suspended after he has served six months in the county jail.
Following that, he would be placed on probation. That is a judgment of the court.
>> Can I make some clarifications?
>> Yes.
>> Um does he get he gets credit for any time that he did? credit for any time that he served and it's the court will authorize the service of his time to be in a jail other than the Chie County jail under the circumstances if that is necessary.
>> Is is there is there a time frame that we'd have to report to get affairs order have any opposition to that?
>> Yes sir.
I mean, this has been pending for a while. It's always been a possibility.
So, >> I um he asked till 5:00 this afternoon. He'll report at 5:00.
>> I have no clarification, too. Can it also be a condition of his probation to stay away from Mr. Lewis?
>> Condition of his probation is that he is to have no contact with the victim's or the victim's family.
In this emotional Tennessee courtroom sentencing, a judge struggles to balance punishment, self-defense claims, and mercy after a man shoots another during a heated confrontation outside his home.
The hearing focuses on Mr. Lewis, who faced sentencing after firing multiple shots during an argument that left the victim seriously injured. Defense attorneys argue Lewis feared for his safety and had lived decades without major criminal trouble. For at least 30 years, he's been living a life without criminal actions.
But prosecutors push back hard, arguing the shooting could have easily been avoided if Lewis had simply stayed inside his home and called 911 instead of coming outside with a gun. The defendant could have gone back into the house, locked the door, and called 911.
The judge carefully reviews Tennessee sentencing laws, enhancement factors, and mitigating circumstances while comparing the case to another aggravated assault heard earlier that same morning.
He explains that although Lewis claimed fear and provocation, refusing to leave someone's property does not legally justify using deadly force.
You do not have the right to shoot.
The courtroom grows silent as the judge describes the seriousness of firing multiple gunshots toward another person and the permanent injuries suffered by the victim.
There should be some incarceration in this case.
After weighing every factor, the judge sentences Lewis to 5 years in prison, but suspends most of the sentence after 6 months in county jail, followed by probation.
5year sentence, 6 months jail time.
probation afterward, no contact with the victim or victim's family.
What begins as a sentencing hearing slowly turns into a painful reminder of how one emotional confrontation and one decision involving a firearm can permanently alter two families forever?
Do you think judges should treat shootings during property disputes more like self-defense or violent assault?
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