Sentences given for theft, drugs, DUI

Friday, October 2, 2009

In Dyer County Circuit Court on Sept. 1:

* Jimmy W. Barber, 44, address unavailable, pleaded guilty to theft of property in excess of $1,000 and forgery. An additional charge of burglary of a motor vehicle was dismissed.

He was accused of stealing a Newbern man's riding lawnmower Oct. 9, 2008. For that, he was sentenced to three years in prison and ordered to pay the victim $2,083 restitution.

Barber also was accused of forging a $150 check on someone else's bank account and attempting to pass it at two local markets in February. For that, he was sentenced to two years in prison. The sentences are to be served concurrently.

* Randy Gene Gwaltney, 41, 5524 Bruceville Slab Road, pleaded guilty to fifth offense driving under the influence of an intoxicant. Additional charges of violating the implied consent law and fourth offense driving with a revoked license were dismissed. He was arrested walking away from a Jan. 29 wreck on Peach Orchard Road. He was sentenced to 1.5 years in prison but the sentence was suspended to 150 days incarceration with the rest of the sentence being served on probation. He was fined $3,000.

* Ernest H. Haymon Jr., 36, 1103 Forrest St., pleaded guilty to possessing more than half a gram of cocaine with intent to sell. Additional charges of third offense driving with a revoked license and evading arrest were dismissed. Haymon, who had been incarcerated from Feb. 8 to Aug. 31, was placed in a community corrections program for eight years. His $2,000 fine was suspended.

* Calvin Carl Taylor, 55, 1704 Hornbrook, pleaded guilty to three counts of selling less than half a gram of cocaine. He was sentenced to six years in prison on each count and will serve them concurrently. He also was fined $2,000 in each count, with two of the fines suspended.

On Sept. 4, a circuit court jury acquitted James Robert Snyder, 37, 130 Wray Loop Road in Tiptonville, of driving under the influence. He pleaded guilty, though, to violation of the implied consent law. His driver's license was revoked for a year.

Comments

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I swear. FIFTH DUI and he gets 150 days in jail? That guy should have had 150 days in jail for his SECOND DUI.

-- Posted by Karmazone on Sat, Oct 3, 2009, at 3:53 PM

karmazone,i agree.this guy has got off light every time he's got caught.he needs to play the lottery with his luck,he would win for sure.

-- Posted by snooks on Sat, Oct 3, 2009, at 6:59 PM

For all of the wonderful judges and attorneys (who never read this pitiful comment section because they already know it all and are above any opinion of the public), I just wanted to share what the law in Tennessee states about DUI offenses. Feel free to read ALL THE WAY DOWN TO THE FIFTH CONVICTION. Maybe the judges there need a refresher course!

First Offense: If a driver is convicted of a DUI and has never been convicted of a DUI before within 10 years, he or she will be fined between $350 and $1500 and sentenced to between 2 days and 1 year in jail. If the driver had a BAC of at least 0.20, the minimum jail sentence is 7 days. The driver's license to drive will also be suspended for 1 year.

Second Offense: If a driver is convicted of a DUI and has been convicted of 1 DUI before within 10 years, he or she will be fined between $600 and $3500 and sentenced to between 45 days and 1 year in jail. The driver's license to drive will also be suspended for 2 years. The court may also sentence the driver to complete an alcohol treatment program.

Third Offense: If a driver is convicted of a DUI and has been convicted of 2 DUIs before within 10 years, he or she will be fined between $1100 and $10,000 and sentenced to between 120 days and 1 year in jail. The driver's license to drive will also be suspended for between 3 years and 10 years.

Fourth Offense or more: If a driver is convicted of a DUI and has been convicted of at least 3 DUIs before within 10 years, he or she will be fined between $3000 and $15,000 and sentenced to between 150 days and 6 years in PRISON. However, at least one of the prior DUIs must have occurred more recently than June, 1998. The driver's license to drive will also be suspended for 5 years.

Tennessee Code Title 55 (Motor and Other Vehicles) 55-10-403(a), 55-10-403(s)

Maybe the judges are reading another source of law, I don't know....maybe they could inform us of what source they use.

-- Posted by exresident on Sun, Oct 4, 2009, at 10:32 AM