Crossville Chronicle, Crossville, TN

Area News

September 3, 2013

Brozik enters best interest plea

CROSSVILLE — The strange case of a Fentress County man, living in his van in the Crossville area who police arrested after discovering more than 100 images of child pornography on a computer in his possession, has finally been settled.

The case rolled around in Cumberland County Criminal Court for the best part of two years while Lawrence James Brozik sat in jail. All sides involved in the case expressed concern for his mental and physical health condition — except Brozik, who insisted he was fine and that he is innocent.

In the end, despite what some might consider a sweetheart deal, Brozik balked at pleading and instead entered a no contest plea so he would not have to admit guilt. To the justice system, it did not matter, because a best interest plea is still entered into the official record as a guilty plea.

Brozik was indicted by the Cumberland County Grand Jury in September 2011 on a charge of sexual exploitation of a minor (more than 100 images), a class B felony carrying an 8-12 year sentence and fine.

Brozik has been incarcerated since his arrest, and, for 705 days he sat in a wheelchair in jail at the Justice Center, except for the times he was taken to the hospital for treatment of a brain ailment, or when he was taken to undergo mental evaluation.

While he was found to be competent to stand trial, his combative — or adversarial — nature with two assistant public defender’s, as well as Criminal Court Judge Leon Burns, left observers and participants wondering. During this time his health continued to decline.

Over the course of the next two years, Brozik shuffled into court moving, his wheelchair with his feet, and bitterly complaining about what he perceived as his poor treatment at the hands of the system. Some had to agree, because the state provides little in the way of meeting the justice system’s and mental needs of defendants like Brozik.

He demanded to meet privately in a room with his public defenders — both of whom happened to be women — with freedom to move around and interact. Neither felt comfortable under the circumstances.

With his physical health worsening, an agreement was finally reached between his present attorney, Assistant Public Defender Jennifer Kollstedt, and Deputy District Attorney Gary McKenzie. The question then became, ‘Would Brozik agree to it?’

The agreement allowed Brozik to enter a best interest plea of no contest to the lesser charge of sexual exploitation of a minor (less than 100 images), a class C felony, with a sentence of three-years to serve. He would then be immediately released with credit for the 705 days he has been incarcerated.

Brozik accepted the terms, thanked Judge Burns with a handshake, and scooted out of the courtroom in his wheelchair.

The defendant — who has a similar conviction in Fentress County — will be required to meet conditions of the state sex offender registry law that may apply.

His van and personal belongings are long gone, sold to pay for the storage bill following his arrest. He was expected to return to Fentress County.

In other cases in Criminal Court, the following took place:

Trials set

•Warren James Holton, theft of less than $10,000, set for trial Oct. 30.

•Jimmy Franklin Brown Jr., theft of less than $60,000, bond set at $10,000; set for trial Oct. 31.

•Debora Kay Poland, filing a false report, motion hearing set for Sept. 17; trial set for Nov. 6.

•Nathan Kenneth Sherrill, burglary and theft of less than $10,000, motion hearing set for Sept. 27; set for trial Nov. 8. Three counts of burglary, three counts of theft of less than $10,000, three counts of theft of less than $500, tampering with evidence, evading arrest and underage consumption, continued to Sept. 27.

•Robert Daniel Killeen, aggravated burglary and theft of less than $60,000, set for trial Nov. 13. Second count of aggravated burglary and vandalism of less than $1,000, continued to Nov. 13.

Arraignment

•Tony Glenn Sherrill, manufacture, delivery or sale of a schedule I drug, bond set at $30,000; continued.

•Tiandra Stafford, theft of less than $10,000, Public Defender’s Office appointed to represent Stafford; continued to Sept. 20.

Return with attorney

•Jonathan Lee Miller, rape, continued to Sept. 27, at which time defendant is to return with an attorney.

Deadline docket

•Nicole Ann Woody, filing a false report, continued to Sept. 27.

•Nathan Wade Barss, initiation of the process to manufacture methamphetamine, continued to Sept. 11 discussion docket and Sept. 18 deadline docket.

•Jarette D. Boatwright, theft of less than $1,000, continued.

•Trista Lee Brown, driving under the influence, possession of marijuana and possession of hash, Public Defender’s Office appointed to represent the defendant; continued to Sept. 11 discussion docket and Sept. 18 deadline docket.

•William Allen Davenport, first-degree murder and aggravated child abuse/neglect, continued to Oct. 29 for motions.

•Alicia Mae Earhart-Lutz, theft of less than $60,000, theft of less than $10,000, theft of less than $500 and forgery, continued to Sept. 18.

•Timothy Wayne Hedgecoth, aggravated assault, continued to Sept. 27 for motions.

•Stephen Matthew Phillips, three counts of aggravated burglary, theft of less than $60,000, theft of less than $500 and three counts of vandalism, continued to the Sept. 11 discussion docket and Sept. 18 deadline docket.

•Raymond Charles Russell, vehicular assault and allowing an unlicensed driver to drive, continued to Sept. 20.

•David L. Scarbrough, worthless checks less than $10,000, to be dropped upon payment of restitution.

Motions and hearings

•Jimmy Franklin Brown Jr., aggravated burglary, continued to Oct. 31.

•Farrah Lynn Coleman, aggravated burglary, possession of a prohibited weapon, simple possession/casual exchange, possession of drug paraphernalia and theft of less than $500, continued to Sept. 27.

•Robert Anthony Cressel, motion to waive fine and court costs on Criminal Court cases denied.

•Zackary Scott Elmore, motion to terminate diversion; continued to Sept. 11 discussion docket and Sept. 18 deadline docket.

•Jason J. Koch, motion to waive fine and court costs in Criminal Court case, denied.

•Todd Michael Mono, aggravated assault, sentencing hearing continued to Nov. 12.

•Angel Joy Ostic, motion to terminate diversion continued to Oct. 28.

•Russell Alan Ratliff, manufacture or delivery of a controlled substance for resale, continued to Sept. 18.

•Jason Lee Slaven, initiation of the process to manufacture methamphetamine, continued to Sept. 18.

•Delbert Wade Smith, motion to waive fines and court costs in Criminal Court cases denied.

•Randy James Wheeler, rape, continued to the Sept. 11 discussion docket and Sept. 18 deadline docket.

Probation violation

•Malcolm Louis Brown, probation extended 11 months and 29 days or until all is paid.

•Eric Robert Berghauser, probation violation hearing continued to Sept. 20.

•Ricky Cornell Boles, had probation revoked and was ordered to serve the balance of his sentence.

•Nathan C. Brown, probation revocation hearing continued to Oct. 28.

•Nicholas Wade Burchfield, probation revoked because of violations; transferred to house arrest of community corrections.

•William P. Campbell, Public Defender’s Office appointed to represent Campbell; revocation hearing continued to Sept. 20.

•Gregory Wade Dannels, probation revocation warrant dismissed and to continue on probation.

•Donathan G. Davis, probation violation warrant dismissed and to continue on probation.

•Johnny Ray Davis, on probation because of multiple charges, had probation revoked because of violations and was sentenced to time already served. Davis was then released to house arrest of community corrections.

•Johnny Dale Dishman, Matthew Edwards appointed to represent Dishman; revocation hearing continued to Sept. 20.

•Albert Keith Griffin, probation revoked because of violations; to serve 60 days in jail and then be released under house arrest of community corrections, with probation extended one year.

•Colten Garrett Hassut, forfeiture and capias issued for failure to appear; ordered held for bond hearing.

•Byron Drake Howard, probation revocation hearing continued to Sept. 18.

•Rhonda Nicole Howard, forfeiture and capias issued for failure to appear; ordered held for bond hearing.

•Charles Kopsie, probation revoked because of violations; 60 days in jail and then released under house arrest of community corrections.

•Stephen Douglas Lewis, obligations paid; warrant dismissed.

•Larry G. Neal, Public Defender’s Office appointed to represent Neal; revocation hearing continued to Sept. 20.

•James Jeremiah Pugh, probation revocation hearing continued to Sept. 27.

•Larry Lynn Rasar, Public Defender’s Office appointed to represent Rasar; revocation hearing continued to Sept. 18.

•David Richard Schatz, Public Defender’s Office appointed to represent Schatz; revocation hearing continued to Sept. 27.

•Ronald Shelton, revocation hearing continued to Dec. 9 at which time payment efforts will be reviewed.

•Tonya Sue Sparks, probation revoked because of violations; ordered to serve balance of her sentence.

•Jannie Ann Stokes, probation revocation hearing continued to Oct. 28 for review.

•Nicole Ann Woody, Public Defender’s Office appointed to represent Woody; revocation hearing continued to Sept. 27.

•Brandon Lee Chumney, Public Defender’s Office appointed to represent Chumney; revocation hearing continued to Sept. 20.

•Karl Andrew Phillips, Public Defender’s Office appointed to represent Phillips; revocation hearing continued to Dec. 9.

•Cherie Lynn Reid, Public Defender’s Office appointed to represent Reid; revocation hearing continued to Sept. 19.

•Justin Lee Young, Public Defender’s Office appointed to represent Young; revocation hearing continued to Sept. 20.

•Brian Edward Elmore, Public Defender’s Office appointed to represent Elmore; revocation hearing continued to Sept. 20.

•Norman C. LaRue, Public Defender’s Office appointed to represent LaRue; revocation hearing continued to Oct. 28.

•Mark Winton, probation revocation hearing continued to Sept. 18 with bond set at $5,000.

•April A. Bolin, Matthew Edwards appointed to represent Bolin; revocation hearing continued to the Sept. 11 discussion docket and Sept. 18 deadline docket.

•Levi Adam Miller, Public Defender’s Office appointed to represent Miller; revocation hearing continued to Sept. 27 with bond set at $1,000.

•Kenneth Brown, Public Defender’s Office appointed to represent Brown; revocation hearing continued to Sept. 20 with bond set at $2,000.

Community corrections

•Taylan Farris, probation violation hearing continued to Sept. 11 discussion docket and Sept. 18 deadline docket.

•Amy Jo Garrett, Public Defender’s Office appointed to represent Garret; revocation hearing continued to Sept. 20.

•Justin Robert Holman, had probation revoked because of violations; ordered to serve balance of his sentence.

•Chase Brian Rogers, probation revocation hearing continued to Sept. 18.

•Hershel David Sanders, probation transferred to state supervision.

•Charles D. Trisdale, had probation revoked because of violations; ordered to serve 90 days in jail and then returned to house arrest of community corrections.

•Gunter Ty Wilson, Public Defender’s Office appointed to represent Wilson; revocation hearing continued to Sept. 18.

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