A Cumberland County man serving nine years probation and facing a five-year prison sentence got into a second scrape with the law before he could get charges from the first incident dismissed.

Now Howard Wayne Bell, 25, who listed an Iris Circle address, faces serving his original prison sentence and has been held without bond since late April. His new probation violation hearing is set for this Friday.

Bell was scheduled to go on trial in March on charges of sale of oxycodone and conspiracy to sell the drug but on Feb. 13 he entered a guilty plea and received a five-year prison sentence which was suspended for nine years probation.

But since that date in February, Bell has twice been accused of violating his probation by being charged with assaults.

In the first incident in early April, Bell was charged with assault of a man by driving a vehicle that brushed against the victim in an incident on Lantana Rd.

As a result, Bell was jailed on a probation violation warrant. The assault charge was later dismissed in Cumberland County General Sessions Court and the probation violation warrant dismissed in Criminal Court.

Just a couple of weeks later Bell was arrested again, this time for a physical disturbance that took place in the parking lot of Jacob's Crossing on April 16.

A second probation violation warrant was filed and Bell has been in jail ever since. In a hearing held April 21, Bell and his alleged Jacob's Crossing victim, William Burns, arrived and sat in court together.

When Burns was called to testify about the assault he endured, he suddenly couldn't remember some of the details of his beating that he had provided police the day of the incident.

Burns was reminded by Judge David Patterson and Assistant District Attorney Gary McKenzie about the penalty for perjury

Patterson also advised Burns he had a Fifth Amendment right not to testify if it were going to incriminate him.

Burns did testify he remembers getting hit in the back of the head by one man he identified, and he told the court, "I got beat up pretty good. I just, you know, kind of covered myself."

At one point Burns said he was "just ready to get this over."

When asked about statements he gave to police, Burns testified he did not remember telling officers that Bell struck him in the head with the butt of a gun.

"I don't know what I said," he told the court.

Burns was treated in the emergency room at Cumberland Medical Center and was released the same evening.

Det. Kendall Hargis testified that he interviewed Burns outside the emergency room where he found him smoking a cigarette, and that Burns told him at that time he was assaulted by several persons including Bell, who allegedly hit him with the butt of a pistol.

However, other witnesses told police they did not see anyone holding a gun during the assault.

In a statement from one co-defendant in the assault case, that participant identified Bell as the one who kicked Burns two or three times.

Patterson ruled after Hargis left the stand that there existed enough probable cause to hold Bell without bond until Friday's hearing.

In other cases, the following took place.

Community corrections

•Holly L. Collins, on community corrections because of aggravated burglary and theft more than $1,000 charges, had probation revoked because of violations and was ordered to serve her sentence. She was then released into the Teen Challenge program which she must complete or be remanded back to serve the balance of her sentence.

•Gary L. Conley, revocation hearing set for June 12.

•Daniel Cruz, revocation hearing set for June 12.

•Kenneth L. Langley, revocation hearing set for June 12.

•Cherie Lynn Reid, on probation because of two theft more than $1,000 charges, had probation revoked because of violations and was ordered to serve four years in prison.

Probation violation

•Robert Lee Ellis, probation revocation hearing set for June 12.

•T.J. Van Garren, on probation because of forgery and passing forged instrument charges, Public Defender's Office appointed to represent the defendant; had probation revoked because of violations and was ordered to serve the balance of his sentence.

•Michael Ray Chadwell, Public Defender's Office appointed to represent the defendant; revocation hearing set for May 8.

•Johnathan Kendrick Cravens, revocation hearing set for June 12.

•Billy Joe Derrick, Public Defender's Office appointed to represent the defendant; revocation hearing set for May 8.

•Shannon McVay Gossett, pre-trial diversion in burglary and theft more than $1,000 case dismissed; continued to June 12.

•Jessica Vaughn Hale, on probation for initiation of the process to manufacture methamphetamine and possession of methamphetamine, had probation revoked and was ordered to serve the balance of a one-year prison sentence.

•Terry J. Hawn, on probation for possession of a schedule II drug and possession of a handgun with intent to go armed, had probation revoked and had probation extended for six months.

•Cory Alton McDaniel, on probation for aggravated assault, pleaded guilty to probation violations and had probation extended until all fines and/or court costs are paid.

•Augusta McDonald, on probation because of initiation of the process to manufacture methamphetamine, promotion of the process to manufacture meth, resisting arrest and carrying a weapon for the purpose of going armed, had probation revoked and was ordered to serve the balance of his sentence.

•Robin Henry Moore, three counts each of sale or delivery of more than .5 grams of a schedule II drug, possession of a schedule II drug and possession of a schedule IV drug with intent to sell or deliver, had probation and was ordered to serve the balance of a ten-year sentence.

•Daniel Jarome Nolz, Kevin Poore appointed to represent the defendant; probation revocation hearing continued to June 12.

•Eric W. Parsons, on probation for theft less than $500, had probation revoked and was ordered to serve the balance of an 11-month and 29-day sentence.

•William N. Prescott Jr., on probation for third offense driving under the influence and driving on a revoked license, had probation revoked for violations and had probation extended for 11 months and 29 days or until court costs are paid.

•Robert E. Presley, had probation hearing continued to May 8.

•Kevin Sherrill, on probation because of the initiation and promotion of the manufacture of more than .5 grams of methamphetamine, had probation revoked because of violations and is to serve the balance of his sentence.

•Lisa Ann Sherrill, probation revocation hearing continued to May 15.

•Owen Wayne Simoneau Jr., probation revocation hearing continued to June 12.

•Charles W. Sloan, Public Defender's Office appointed to represent the defendant; revocation hearing continued to May 8.

•David T. Stewart, Public Defender's Office appointed to represent the defendant; revocation hearing continued to May 8.

•Rodney Dewayne Swallows, had probation amended to unsupervised.

•Serena Kay Lewis, on probation because of a theft more than $1,000 charge, had probation revoked and was transferred to house arrest of community corrections.

•Angelo John Ricciteli, Public Defender's Office appointed to represent the defendant; revocation hearing continued June 12.

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