48 years given in traffic deaths

By Michael R. Moser / mmoser@crossville-chronicle.com

June 19, 2009 08:42 am

— A Cumberland County man in barely audible tones told a Criminal Court judge last week that if he could take back causing the traffic deaths of his friend and his friend's girlfriend, he would.
"But I can't," Bobby Dwaine England told Judge David Patterson.
England, 46, who has a lengthy arrest record dating back to 1980, was sentenced to two consecutive 24-year prison sentences for the traffic deaths of Tony Lewis and Mary Elmore, all of the Crossville area.
England was facing 15 to 25 years on each count of aggravated vehicular homicide stemming from the March 2008 accident that occurred on Hwy. 28 in the Linary community and Assistant District Attorney Gary McKenzie asked for the maximum sentence.
McKenzie based his request on England's lengthy record that included third offense drunk driving charges, resisting arrest, assault and battery, robbery (for which he served prison time) and destruction of property. He has 11 convictions on his record.
He also has a drunk driving conviction in Florida that was handed down in 2004.
McKenzie also pointed to England's blood alcohol level of .20 percent, which is twice the legal amount allowed to get behind the wheel in Tennessee.
Families of both victims submitted written impact statements that were made part of the permanent record of the proceedings, but none spoke during the sentencing hearing.
Defense attorney Tom Beesley argued that early offenses on England's record came at a time when the defendant was huffing paint.
England, who walks with a noticeable limp and has been incarcerated since his release from the hospital following the accident, did not take the stand but did make a very brief statement to the court.
Patterson ruled that the gravity of the case involving more than one victim coupled with the defendant's prior criminal history justified the 24-year prison sentence on each charge.
Because of the way sentencing laws are written and because England is classified as a range 1 offender, he will be required to serve 30 percent of each sentence, consecutively, before being considered for parole.