Published: October 23, 2009 09:07 am      

County man enters plea in baby's death

A Cumberland County man who was in charge of the care of a one-month-old baby when it died has pleaded guilty to criminally negligent homicide, bringing to a close a tragic case under unusual circumstances.

James Michael Eller, 29, who formerly listed addresses of Webb Ave. and Royal Terrace in Crossville and Cumberland County, pleaded guilty to the death of his girlfriend's baby that smothered to death while in his care.

"It was an unusual case in that we never believed there was a motive to kill the baby," Assistant District Attorney Amanda Hunter said. "Still, circumstances were such that we couldn't just ignore what had happened."

Eller, who cooperated with authorities, told investigators that on Feb. 25, 2008, he was caring for the child when he and the child fell asleep on the couch. When he awakened, the child was not breathing.

Despite attempts to resuscitate the child and a frantic call to E-911, the child could not be revived.

During the investigation conducted by Crossville Police, it was learned that Eller was under the influence of marijuana, Hunter said, and that in his sleep he rolled over on the child accidentally.

Eller was indicted by the grand jury on Sept. 9, 2008, and was scheduled to go on trial Nov. 5 when the sentencing agreement was reached.

"The family expressed to us that they did not just want him to not be held responsible, but they were in agreement with the sentence," Hunter said.

The family had earlier opposed efforts by attorney Kevin Bryant to gain pre-trial diversion in the case.

Indicted for reckless homicide, Eller pleaded guilty to criminally negligent homicide and received an 18-month suspended sentence to be served as five years on probation.

The first year of probation will be under house arrest of the community corrections program and the remainder will be under supervised probation. Eller was also ordered to pay $1,500 restitution and court costs.

In other cases on the docket, the following action took place:

No true bill

•Pascuel Sanchez, aggravated assault with a weapon. Grand jury deemed not enough evidence existed to forward the case to trial and the case was dropped.

Continued as boundovers

•Jimmy Luther Bowman Jr., two counts of third offense driving on a suspended license and three counts of driving on a suspended license, state to drop on Nov. 16.

•Paula Brenda Selby, theft of property and non-emergency 911 calls, continued to Nov. 16.

Arraignment

•Darrell Ray Baker, two counts of driving under the influence, continued to Oct. 19 at which time defendant is to return to court with an attorney.

•Jimmy Luther Bowman Jr., domestic assault, Robert Zecher appointed to represent the defendant; continued to Jan. 27 at which time case is expected to be dropped.

•Jerry Lee Davidson, aggravated burglary and theft less than $500, Caroline Knight appointed to represent the defendant; continued to Jan. 27.

•Scott Anthony Howard, eighth offense driving under the influence, per se, and violation of the habitual motor vehicle offender law, continued to Oct. 19 at which time defendant is to return to court with an attorney.

•Kimberly C. Jones, reckless endangerment, driving under the influence and driving under the influence child endangerment, forfeiture and capias issued for failure to appear; ten days in jail and bond doubled.

•Donald Russell Keyes, forgery, passing a forged instrument and theft more than $1,000, Public Defender's Office appointed to represent the defendant; continued to Jan. 27.

•Michael J. Lynch, aggravated robbery and theft more than $1,000, Public Defender's Office appointed to represent the defendant; continued to Dec. 15.

•Eugene Paul Marinski, aggravated burglary and theft less than $500, Public Defender's Office appointed to represent the defendant; continued to Jan. 27.

•Dustin M. Nelson, three counts of auto burglary, theft more than $1,000 and two counts of theft less than $500, Public Defender's Office appointed to represent the defendant; continued to Oct. 19.

•Allen Wesley Nixon, aggravated burglary and theft less than $1,000, Public Defender's Office appointed to represent the defendant; continued to Jan. 27.

•John Howard Parham Jr., four counts of burglary, attempted burglary, theft more than $1,000, theft more than $500, theft less than $500 and vandalism more than $1,000, Public Defender's Office appointed to represent the defendant; continued to Jan. 27.

•Destiny Johnie Phipps, nine counts of burglary, attempted burglary, theft more than $1,000, theft more than $500, vandalism more than $1,000 and four counts of theft less than $500, continued to Oct. 19.

•Delbert Lee Rector, assault on a minor and purchase or furnishing alcohol for a minor, Public Defender's Office appointed to represent the defendant; continued to Jan. 27.

•Mark A. Reph, sexual battery by an authority figure and three counts of statutory rape by an authority figure, continued to Jan. 27.

•Robert A. Reynolds, theft more than $1,000, continued to Nov. 25.

•Timothy Shaun Rutherford, first-degree murder, felony murder and especially aggravated robbery, Randal Boston appointed to represent the defendant; continued to Jan. 27.

•Aaron A. Smith, two counts of auto burglary and two counts of theft more than $1,000, Public Defender's Office appointed to represent the defendant; continued to Dec. 15.

•Elvie Joyce Taylor, sale and delivery of a schedule II drug, Public Defender's Office appointed to represent the defendant; continued to Dec. 15.

•Michael Kyle Whicher, first-degree murder, felony murder and especially aggravated robbery, Kevin Bryant appointed to represent the defendant; continued to Jan. 27.

•Jamie D. Richards, initiation of the process to manufacture methamphetamine, continued until Nov. 16 at which time defendant is to return to court with an attorney.

•Ralph Edward Spivey, sale and delivery of hydrocodone, Public Defender's Office appointed to represent the defendant; continued to Jan. 27.

Return with attorney

•Paula Brenda Selby, five counts of theft more than $10,000 and two counts of theft of $10,000, continued to Oct. 19 at which time defendant is to return to court with an attorney.

•John Joseph Thompson, four counts of aggravated burglary, four counts of theft more than $1,000 and vandalism less than $500, continued to Dec. 15.

•James Edgar Vandever, possession of more than one-half ounce of marijuana with intent to sell or deliver, Public Defender's Office appointed to represent the defendant; continued to Jan. 27.

•Jeffrey L. Bridges, sale and delivery of a schedule III drug, sale and delivery of a schedule II drug and enhanced violation for drug free school zone violation, Public Defender's Office appointed to represent the defendant; continued to Jan. 27.

•Christopher W. Davis, aggravated statutory rape, continued to Nov. 2 at which time defendant is to return to court with an attorney.

•Donathan G. Davis, sale and delivery of hydrocodone, continued to Nov. 2 at which time defendant is to return to court with an attorney.

•Jamie J. Davis, two counts of forgery and two counts of passing a forged instrument, continued to Nov. 2 at which time defendant is to return to court with an attorney.

•Jason J. Koch, two counts of sale and delivery of a schedule III drug and theft less than $500, Public Defender's Office appointed to represent the defendant; continued to Jan. 27.

•James Jeremiah Pugh, possession of more than .5 grams of methamphetamine for resale, possession of marijuana for resale and sale and three counts of delivery of more than one-half ounces of marijuana, continued to Nov. 2 at which time defendant is to return to court with an attorney.

•Brian C. Rector, sale and delivery of more than .5 grams of cocaine, continued to Oct. 19 at which time defendant is to return to court with an attorney.

•Christine Desiree Savage, two counts of sale and delivery of a schedule III drug, Robert Zecher appointed to represent the defendant; continued to Jan. 27.

•Melanie A. Savage, sale and delivery of hydrocodone and theft less than $500, continued to Nov. 2 at which time defendant is to return to court with an attorney.

Deadline docket

•Christopher O. Kolhepp, rape, continued to Oct. 19.

•Anthony Edward Britton, initiation of the process to manufacture methamphetamine.

•Phillip Allen Keck, aggravated burglary, theft more than $1,000, theft less than $500, five counts of forgery and passing a forged instrument.

•Donald I. Miyahara, sexual exploitation of a minor, continued to Nov. 25.

•John Howard Parham Jr., two counts of burglary, possession of burglary tools, vandalism and evading arrest, motion hearing set for Nov. 2; trial set for Nov. 3.

•Destiny Johnie Phipps, burglary, theft more than $1,000 and conspiracy, continued to Oct. 19.

•James J. Walker, theft more than $10,000, continued to Oct. 19.

Probation violation

•Katie Jane McKiddy, on probation because of 14 counts of forgery and passing a forged instrument convictions, pleaded guilty to probation violations and had her probation transferred to the Community Corrections program for two years.

•Larry Robert Nale, probation revocation hearing continued to Nov. 20.

•Robert E. Presley, probation revocation hearing continued to Nov. 2.

•George T. Ray, probation revocation hearing continued to Oct. 19.

•John Hollis Shay, on probation for passing a forged instrument, had probation revoked for violations and probation was extended for 11 months and 29 days.

Habitual offenders

The following defendants had the civil procedure of being identified as habitual motor vehicle offender law offenders processed and now have no driver privileges for a specified amount of time

•Keith A. Farmer.

•Michael William Keck.

•Denise Nolz.

•James R. Kirkland.

Motions and hearings

•Jimmy Franklin Brown Jr., motion to waive fines and court costs in burglary, theft and forgery cases denied.

•Katherine Renee Clark, termination of pre-trial diversion in burglary and vandalism hearing continued to Dec. 15/Cynthia Davis appointed to represent the defendant.

•Mickey Davis, motion to waive fines and court costs of more than $3,500, continued to Nov. 25.

•Anthony Joshua Powell, simple possession of methamphetamine, possession of more than one-half ounce of marijuana for sale or delivery, continued to Oct. 19.

•Robert A. Reynold, aggravated burglary, continued to Nov. 25.