Published: October 30, 2009 03:00 pm      

Re-applying for license, road rage land man back behind bars

An incident of road rage involving an ex-girlfriend and obtaining a driver's license while on probation for vehicular homicide were enough for a Criminal Court judge to send a local man to jail to serve the remainder of his original sentence.

Kenneth Wayne Bruce, 27, who has had various addresses in Cumberland County, pleaded guilty to vehicular homicide Jan. 30, 2005, in connection with the traffic death of James Paul Tucker, 48, of Newton Rd.

"What concerns the court is that probation is not an effective deterrent ... and further, does not serve the ends of justice. This is by his own doing."

The accident occurred on Turkey Blind Rd., just east of Burgess Rd., on Aug. 9, 2004, when Bruce's 1995 Nissan pickup crashed into the rear of a 1994 Dodge Dakota driven by Tucker as it slowed to turn into a business.

Impact of the crash sent the truck spinning out of control over on its side and into a pile of bricks before landing on its top in the gravel parking lot.

Bruce then fled the scene.

Bruce received a split sentence with one year to serve and the remaining nine years on probation.

Part of the conditions of his probation was that he could not obtain a driver's license while it was revoked for three years by Judge Leon Burns, who accepted the plea agreement.

Because Bruce was originally represented by Randy York, who is now District Attorney General, Joey Galloway from outside the district was brought in to serve as special prosecutor for the probation revocation hearing.

Galloway told the court that on July 9 of this year Bruce was involved in a road rage incident with his girlfriend who had her children in the car with her. Contact between Bruce's vehicle and the ex-girlfriend's car was made and four counts of domestic assault and reckless endangerment were filed by Crossville Police.

Galloway also argued that despite being told three times during the sentencing hearing, Bruce July 2007 went to Cookeville to obtain a driver's license even though his license was revoked.

Defense attorney Howard Upchurch of Pikeville argued that there was no evidence his client was driving recklessly during the road rage incident and said contact between the two vehicles was made when his client backed up at a stop sign and struck the second vehicle. Damage was minimal, he said.

He added that even though his client may have gotten a driver's license, contrary to terms of his sentencing agreement, there was no evidence that Bruce drove during his three years of probation.

Patterson disagreed and ordered Bruce to serve the remainder of his ten-year sentence, which by law, will be served at 30 percent.