Crossville Chronicle, Crossville, TN

April 7, 2014

Judge "chooses" to revoke probation

By Michael R. Moser
Editor

CROSSVILLE — The old adage of "be careful what you ask for" was never truer than it was for state probationer Dwayne A. Stoner, who insisted on having a hearing on his latest probation revocation warrant.

Just as Stoner had a right to request a hearing on the charge against him, Criminal Court Judge David Patterson pointed out that judges can do what they choose and with that, he added, "This judge chooses to revoke your probation."

Stoner, 44, formerly of Christian Rd., was serving a three-year suspended prison sentence  on probation after pleading guilty to aggravated assault that rose from a violent domestic situation in May 2012.

Stoner soon found his conduct at odds with his probation officer and he served 35 days in jail to satisfy probation violations and in September 2013, was transferred to house arrest of the community corrections program.

By October, Stoner's probation officer had already spotted him away from home without permission. He also failed a drug test and although he claimed to have a prescription for the drug for which he tested positive, he never produced proof for his probation officer.

In October he was again away from home without permission, visiting  a girlfriend who lives on Goodwin Circle. That, along with his arrest for failure to appear in General Sessions Court on a new charge, resulted in a second probation violation warrant being taken and served.

Stoner wanted another chance. Assistant Public Defender John Nisbet asked the court to grant that request after Stoner had a change of heart and decided he did not want to testify to explain his actions.

Nisbet said Stoner has a job waiting and had already served 120 days in jail.

Assistant District Attorney Amanda Hunter Worley countered that Stoner had been given all the chances he was entitled to and it was time for him to pay his debt to society.

Patterson agreed. "I'd like to help ...judges can do what they want ... but this judge chooses to revoke your probation."

In other cases on the docket, the following took place.

Community corrections

•Albert Keith Griffin, probation revoked because of violations; ordered to serve six months in jail, undergo A&D assessment and followup.

•Kenneth Leroy Langley, probation violation continued.

•Charles D. Trisdale, probation revoked and ordered to serve balance of his sentence with credit for time served.

Probation violations

•Alastis Morris Bilbrey, probation revocation hearing continued to May 9.

•Billy Ray Conley, probation revoked and ordered to serve balance of his sentence.

•Avery Laverne Davenport, probation revocation hearing continued to April 21.

•Celina E. Rich, probation violation warrant dismissed and released from probation.

•Jason S. Caruthers, probation violation hearing continued to May 16.

•Donathan G. Davis, multiple counts of probation violation, forfeiture and capias issued for failure to appear; tend days in jail and ordered held for bond hearing.

•Rick Alan Hayes, probation revoked because of violations and transferred to house arrest of community corrections.

•Jacob Lee Hood, probation revocation hearing continued to April 21.

•Robert Eugene Kinder, probation revoked and ordered to serve balance of his sentence.

•Jason Russell Randolph, probation revocation hearing continued to April 21.

•Kristopher Shaw Shipley, probation revoked and given credit for time served; transferred to house arrest of community corrections.

•Jason Lee Slaven, probation revocation hearing continued to April 21.

•Jacob Lonzie Stephens, probation revocation hearing continued.

•Justin Lee Young, court costs waived; probation revocation hearing continued to May 9.

•Billy Mack Elmore, forfeiture and capias issued for failure to appear for probation revocation hearing; ten days in jail and ordered held for bond hearing.

•Rebecca Dawn Reagan, Public Defender's Office appointed to represent Reagan; bond set at $1,000 and revocation hearing continued to June 25.

•Darrin Lee Smith, Public Defender's Office appointed to represent Smith; revocation hearing continued to April 21.

•Johnathon Christopher Turner, Public Defender's Office appointed to represent Turner; revocation hearing continued to April 21.

•Kyle Benjamin Booth, probation revoked because of violations; ordered to serve 30 days and then transferred to house arrest of community corrections.

•Krystal Dawn McGhee, bond set at $5,000; revocation hearing continued to April 21.

•Sarah Michelle Myers, probation status changed to good behavior probation with order to pay court costs.