Crossville Chronicle, Crossville, TN

Area News

April 3, 2012

Probationer revoked after telling his tale

CROSSVILLE — Brian Medley had nothing to lose by taking the witness stand, so he did and he shared a story that amused courtroom observers and officials involved in the case. He didn't sway the judge.

Medley, 43, was ordered by Criminal Court Judge David Patterson to serve the balance of the two-year sentence he received in February of last year when he pleaded guilty to fifth offense driving under the influence.

While on probation from that charge, he was charged with second fifth offense driving under the influence and as a result, was facing a probation revocation hearing.

Medley took the stand and denied he was driving when found behind the wheel of a vehicle in the parking lot of the County Line Bar on August 11.

He then explained how it happened that he was in the driver's seat when troopers found him when responding to a report of a "rolling domestic" situation.

Medley testified that he and his girlfriend had been out drinking and had run low on money, not having enough to pay for a motel room. The couple drove to the County Line Bar and Medley was let out of the vehicle to wait while his girlfriend drove to her home in DeRossett to get money from her husband for the motel room.

When she returned, the vehicle had been wrecked and the girlfriend was suffering from a serious head injury, Medley testified.

"Her head was busted," Medley said. "I thought, I'll drive her to the hospital. I couldn't drive, I was too drunk." So, Medley testified, he tried to call 911 to get aN ambulance.

About that time Trooper Ronnie Hale arrived on the scene and found Medley behind the wheel. Trooper Guadelupe Soto also arrived and took Medley into custody, filing charges against him.

Assistant Public Defender John Nisbet challenged state Probation Officer Mark Ledbetter's probation revocation warrant, based on violation of the rule against drinking in excess.

"What is the state's definition of excess?" Nisbet asked, and Ledbetter responded, "If a person is charged with driving under the influence, I consider that to having drunk in excess."

Nisbet argued that Medley's probation should not be revoked because he was sitting behind the wheel "out of necessity" and because there is no legal definition of what drinking in excess means.

Patterson revoked the probation stating, "This is not your first rodeo." He pointed to four prior drunk driving convictions.

The latest drunk driving charge against Medley is still pending in General Sessions Court.

In other hearings, the following took place:

Probation violation

•Bruce Van Boehm, on probation because of aggravated burglary and theft of more than $1,000 charges, had probation revoked and was ordered to serve balance of his sentence.

•Timothy F. Carter, sexual battery by an authority figure, had probation revoked because of violations and was ordered to serve 30 days in jail.

•Brandon Lee Chumney, on probation because of a promotion of the manufacture of methamphetamine charge, had probation revoked because of violations and was ordered to serve 30 days and then transferred to the community corrections supervision.

•Robert Anthony Cressel, on probation because of burglary and theft charges, had probation revoked and was transferred to the community corrections program.

•Donathan G. Davis, probation revocation hearing continued to May 11.

•Russell A. Edwards, probation revocation hearing continued to May 11.

•Michael Dean Porpahl, Public Defender's Office appointed to represent the defendant; revocation hearing continued to April 16.

•John Robert Kelly, probation revocation hearing continued to April 16.

•Jerry Randolph, transferred from probation to supervision of Drug Court in Davidson County.

•Jeffery L. Tabor, on probation because of aggravated burglary, auto burglary and two counts of theft, had probation revoked because of violations and was transferred to the community corrections program.

•Ronnie Dale Webb, probation revocation hearing continued to May 11.

•Kelly Michelle Young, on probation because of auto burglary and simple possession of meth charges, had probation revoked and was ordered to serve balance of her sentence.

•Austin J. Truitt, Public Defender's Office appointed to represent the defendant; revocation hearing continued to April 16.

Community corrections

•Trevor L. Hall, Public Defender's Office appointed to represent the defendant; revocation hearing continued to April 16.

•Matthew P. Cape, Public Defender's Office appointed to represent the defendant; revocation hearing continued to April 16.

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