Published: December 24, 2008 08:37 am      

Brumbalough gets 23 years to run with life

Sentencing agreement reached in Mullinax murder

The man convicted by a Cumberland County jury of felony murder in the March 2006 beating death of Wilford Pat Mullinax was sentenced to an additional 23 years in prison for aggravated robbery in the same case.

Jack Wayne Brumbalough Sr., 45, appeared before Judge Leon Burns last week for sentencing of the robbery conviction that was handed down by a jury in late July. The same jury found Brumbalough guilty of felony murder, which under state law draws an automatic life sentence.

In stark contrast to the last time Brumbalough stood before the judge, he remained silent as his attorney, Douglas Fields, and Assistant District Attorney Gary McKenzie announced an agreement on sentencing for the lesser charge.

It was noted that under sentencing guidelines, it was very difficult for prosecutors to stack the sentences, or, require they be served consecutively. Consecutive sentences would have assured Brumbalough served the remainder of his life behind bars.

However, there was not enough in the record that would classify Brumbalough as a professional or habitual criminal and to order the sentences to be served consecutively would have invited an appeals of the sentence.

After being convicted of murdering Mullinax this summer, Brumbalough turned to the victim's family and shouted that the victim "got what he deserved." This time, Brumbalough said nothing.

Mullinax, 68, was found beaten to death in his home by a home health care nurse. The Crossville resident had been confined to a wheelchair for 30 years, after suffering a paralyzing injury while working as a tree trimmer.

Motions for a new trial are scheduled to be heard in March.

In other cases on the docket, the following guilty pleas were entered.

•Wesley McChee, 21, statutory rape, pleaded guilty to mitigated statutory rape and received a two-year suspended sentence to be served on probation with one year to be in the Teen Challenge program.

•Ryan M. Halmontaller, 24, statutory rape, pleaded guilty to the charge and was sentenced to two years in jail but granted judicial diversion. To serve on probation for two years with fine and court costs suspended.

•Carl Junior Thompson, 48, forgery, pleaded guilty to the charge and received a two-year suspended sentence to be served on probation, concurrent with present sentence.

•Jeffery William Bell, 19, charged with three counts of burglary, two counts of theft and three counts of vandalism, pleaded guilty to vandalism less than $500 and received an 11-month and 29-day suspended sentence to be served on probation, to pay over $800 in restitution to three victims. All remaining charges dropped.

•Jeremy Wayne Diller, 25, theft more than $1,000, pleaded guilty to theft more than $500 and received a two-year sentence with six months to serve in prison and the remainder on probation, and to pay $550 restitution to two victims. He was also ordered to to attend counseling.

•Brandon Lee Stanley, 26, charged with possession of more than .5 grams of methamphetamine with intent to sell and possession of more than .5 ounces of marijuana with intent to sell, pleaded guilty to possession of less than .5 grams of meth and received a three-year prison sentence to be served in the state prison system, fined $2,000 and to pay court costs. Remaining counts were dismissed.

•Sharon Renee Elmore, 24, charged with driving under the influence and possession of drug paraphernalia, pleaded guilty to possession of drug paraphernalia and received an 11-month and 29-day suspended sentence to be served on probation, was fined $150 and is to pay court costs.