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
- Celebrating a milestone
Hickes to represent county at Poetry Out Loud
Madison Hickes, a senior at Cumberland County High School, will represent the county at the state Poetry Out Loud state finals March 14-15.
Grand jury: No city wrongdoing
A cross-section of Cumberland County citizens empaneled on the grand jury reviewed 115 pages of city of Crossville documents and meeting minutes, 927 additional documents from Crossville City Councilman Pete Souza, 22 separate investigative reports and 21 exhibits from the Tennessee Bureau of Investigation and listened to testimony from TBI Special Agent Billy Miller and Souza before concluding there was no evidence of wrongdoing on anyone's part.
Food service earns top safety scores
Providing safe, nutritious meals is the priority of the Cumberland County School Nutrition Program, and the cafeteria staffs at each school have worked hard to post outstanding ratings on Tennessee Department of Health safety inspections.
Panel concerned over possible budget shortfall on EMS billing collections
A few county commissioners expressed concerns over a possible budget shortfall for Emergency Medical Service collections during the last emergency services committee meeting.
BOE gives Andrews evaluation
The Cumberland County Board of Education completed an evaluation of Director of Schools Donald Andrews, though he has not yet completed a full year in the post.
BOE accepts payment plan for liquor $$
The Crossville City Council will repay the school system $460,179 in back liquor by the drink revenues over four years, with the first payment of $160,179 to be made immediately.
City council answers citizens’ questions at open forum
Members of the Crossville City Council answered questions from the public during an open forum on city of Crossville projects at the Palace Theatre.
Miller appeal dismissed
The Knoxville appeals court agreed with the original circuit court trial judge in dismissing a defamation lawsuit filed by former Crossville city manager Jack Miller against now former city councilman Boyd Wyatt, saying that Wyatt's comment was protected by the immunity of legislative privilege for elected officials.
Internet solicitation case nets 2 years
A Nashville area man — one of three men charged with soliciting minors for sexual activities over the Internet was sentenced to two years in prison following a hearing in Cumberland County Criminal Court recently.
- More Area News Headlines