Bobby Dwaine England is back in state custody.
The Cumberland County man whose guilty pleas to two vehicular homicide cases in 2008 were thrown out last week revisited the same courtroom and pleaded guilty again. He traded TDOC prison blues for a bright orange county jail jump suit after his guilty pleas were thrown out. Now that he has pleaded guilty to the same traffic deaths, he is back in TDOC prison blues.
Instead of receiving two 24-year sentences to be served consecutively — or one at a time — England will serve a 27-year-sentence at 35 percent.
District Attorney Randy York's staff scrambled to address the issue after Criminal Court Judge David Patterson ruled that England had not been advised by his attorney, Tom Beesley, that he might have to serve consecutive sentences.
York and members of his staff met with family members of the two victims — Mary Rosanna Elmore, 38, and Tony D. Lewis, 41 — and negotiated a new sentencing agreement with England through his attorney Tiffany Lyon.
The fatal crash occurred in March of 2008 on Linary Rd. England was critically injured and later admitted to troopers that he had been drinking prior to the crash and he was the driver of the vehicle involved. A test showed England's blood alcohol .23 percent after the crash.
England pleaded guilty in April 2009 to two counts of aggravated vehicular homicide on advise of Beesley, who believed at the time that the most sentence England would serve was 23 years.
During the sentencing hearing, England's lengthy criminal record including multiple convictions for drunk driving and one robbery conviction, led Patterson to hand down the two 24-year sentences to be served back-to-back at 100 percent.
An additional problem facing state prosecutors is recent Tennessee Court of Appeals rulings that have been unfavorable toward judges making sentences consecutive.
"Our purpose is for him to go right back into where he came from, in incarceration," Deputy District Attorney Gary McKenzie told the court.
England had been held under $250,000 bond since his conviction was thrown out, but he never was able to make bond and remained in the county jail. With the guilty pleas, he returns to the state prison system.
"Though it is not what we had originally, I hope there is some comfort in what has happened today," Patterson told family members. "Sometimes we don't understand how we come to be in the position that we are in, but we are."
During the sentencing hearing, Patterson repeatedly asked England if he understood his rights, his decision and the ramifications of his guilty plea. England said yes to all the questions.
"If you have any questions, now is the time to ask," Patterson said. England responded that he had none.
After the pleas were entered, McKenzie told the court that the families of the victims have been informed on what was going to take place and were in agreement.
Defendant never tasted freedom
Bobby Dwaine England is back in state custody.
- Area News
Working on the trail
Volunteers were out Saturday morning constructing a trail at Meadow Park Lake. This was phase one of trail building, explained John Conrad, Crossville Trails organizer, with volunteers clipping twigs and branches and raking a path. Bruce Whitehead, George Schlenker, Lee Skinner and Pat Schudiske rake a path about three feet wide. Later, larger obstacles, such as fallen trees, will be removed, and topsoil removed on the trail to aid in trail maintenance. The trail will be about 1.5 miles in length.
Panel waives ticket charge for boosters
The building and grounds committee approved a request to waive a portion of the ticket fees for a school sports booster group planning a truck and tractor pull at the Cumberland County Community Complex, but the committee cautioned the group it would take action by the full Cumberland County Commission to relieve them of the obligation to return 10 percent of the gate charge to the county.
Jury seated in Batty slaying case
A jury plus alternates has been seated and began hearing evidence in the trial of John Russell Giles of Hampshire Lane, Fairfield Glade, charged in connection with the Nov. 7 death of Kimberly Ann Batty, 58, of Dovenshire Dr., also Fairfield Glade.
New site sought for convenience center
An expansion at Colinx and the improvement of a city street will require Cumberland County to move a convenience center. The city of Crossville has proposed a site in the same general area, but commissioners on the county's building and grounds committee were concerned about the cost to make the site suitable for a convenience center and the proximity of the Little Obed River.
CCHS student dies in car crash
Crossville Police have identified the victim of a two-vehicle collision that occurred Tuesday morning on Hwy. 70 W at the intersection of Dillon St. as a sophomore at Cumberland County High School.
Visitors center now open to the public
A ten-year effort to establish a gateway to the Big South Fork National River and Recreation Area, as well as to point tourists and visitors to the many other area parks, historical sites and points of interest, concluded Thursday as the community gathered with officials from the city of Crossville, Cumberland County, the Crossville-Cumberland County Chamber of Commerce and the National Park Service to dedicate the Crossville-Cumberland County: Gateway to the Big South Fork Visitors Center on River Otter Dr.
Shots fired during standoff over domestic situation
Chickens were killed, threats of bodily harm made and at least three shots fired in the presence of a Cumberland County sheriff's deputy during a domestic dispute between an uncle and nephew.
Jury selection set in Batty slaying
Jury selections were scheduled to begin today in the trial of John Russell Giles of Hampshire Lane, Fairfield Glade, charged in connection with the Nov. 7 death of Kimberly Ann Batty, 58, of Dovenshire Dr., also Fairfield Glade.
Thoughts for this holy time of Easter
The first performance of George Friderick Handel's masterpiece, "Messiah," was given in Dublin, Ireland, on April 13, 1742, where it was well received. When it was performed in England there were criticisms of the music, performers and location of the performance. It was held that the subject matter was too exalted to perform in an opera house, but rather it should be performed in church. Wouldn't it be interesting if we knew how many times this magnificent music has been performed in the past 272 years?
Warden Joe Goodwin remains a true original
The Tennessee Wildlife Resources Agency celebrates its 65th anniversary this year, and Crossville's Joe Goodwin is part of that living history.
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