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Jail time added after suspect talks back to judge

Tuesday, June 23, 2009

A Tullahoma man indicted Monday by Bedford County's grand jury on rape and kidnapping charges was given an extra 20 days in jail for contempt after walking away from questioning before a judge.

James Lynne Stewart, 51, of South Anderson Street, Tullahoma was indicted on the charges of especially aggravated kidnapping, aggravated rape, aggravated assault and theft over $500 in connection with an alleged incident in 2002.

Stewart was brought before Circuit Court Judge Robert Crigler to answer routine questions concerning his legal representation, but Stewart took a contemptuous tone with the judge and Crigler warned him that he would be charged with contempt of court if it continued.

The exchange became more heated when Crigler asked Stewart if he had filled out an affidavit about his financial status. Stewart said he could not see the document because he did not have his glasses.

Crigler asked Stewart if he had any income to hire an attorney and the defendant asked how could he have a job while being in jail for the past year. Stewart then walked away from the podium.

That action caused Crigler to give Stewart 10 days for contempt, and as Stewart walked away, he made an inaudible comment that prompted the judge to double the contempt charge.

Stewart is currently being held at Bedford County Jail under $190,000 bond. According to warrants filed in General Sessions Court, Stewart allegedly raped a woman in her vehicle on Aug. 16, 2002, in Bedford County.

The warrant read that "during this confinement, he (Stewart) did assault the victim and she did suffer serious bodily injury. Her left check was fractured and also did require three stitches and also required a stitch in her nose."

The warrant also stated the victim "also had bruising, cuts and scrapes all about her head area."

The vehicle was allegedly taken from the victim from the Normandy area and discovered abandoned in the Bi-Lo parking lot in Tullahoma the next day by Tullahoma police, the warrants allege. The warrant for aggravated rape alleges that another man was involved but did not name him.

Others indicted by the grand jury on Monday were:

* Jennah Atkins, 22, promotion of methamphetamine manufacture, simple possession of schedule VI.

* James Edward Church, 45, habitual traffic offender, DUI 5th offense.

* Brandy Renee Cook, 24, prescription fraud.

* Lewis Jeffery Cox, 51, violation of sexual offender registry.

* Michael Arthur Crosslin, 41, habitual traffic offender, immediate notice of accident.

* Dragus Montez Dixon, 19, auto burglary (five counts) theft under $500 (three counts).

* Crystal Dawn Fiske, 20, forgery (11 counts).

* Robert Dean Garrett, 48, DUI 5th offense, driving on revoked, violation of implied consent, seat belt.

* P.G. Guy, 63, sale of schedule III, delivery of schedule III.

* Phillip Lamont Hendricks, 32, conspiracy to distribute schedule II (two counts), sale of schedule II (two counts), delivery of schedule II (two counts), possession of schedule II for resale (two counts), possession of schedule II for delivery (two counts), failure to appear (two counts).

* Joseph Valentine Hill, 43, DUI 2nd offense, aggravated assault (seven counts)

* Keith McAllister, 50, sale of schedule II, delivery of schedule II, conspiracy to sell and deliver schedule II.

* Winford Elmore McAnally, 54, DUI 6th offense, driving on revoked 2nd offense.

* Jeffery Thomas McGee, 48, habitual traffic offender, open container law.

* Jose Manuel G. Perez, 21, forgery (11 counts).

* Willie Thomas Pewitte, 45, possession of schedule II for resale, possession of schedule II for delivery.

* Robert Andrew Slaughter, 21, theft under $500 (three counts), theft under $500-$1,000, (two counts), theft of $1,000 to $10,000.

* Joshua Daniel Smith, 27, solicitation of a minor (two counts), sexual exploitation of a minor (two counts).

* Gary Franzell Smith, Jr., 28, sale of schedule II, delivery of schedule II, possession of schedule II for resale, possession of schedule II for delivery, possession of drug paraphernalia.

* Donald Keith Solomon, 30, theft over $1,000 (three counts).

* Dewayne Lewis Starr, 31, habitual traffic offender.

* David Glenn Trombley, II, 24, sale of schedule II (two counts), delivery of schedule II (two counts), sale of schedule I, delivery of schedule I.


Comments
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I wonder if Mr. Stewart wrote a note to self after his court appearance. If he did it should have read:

Note to self: NEVER P.O. the judge before, during or after sentencing.

However depending upon the outcome of his alleged charges against him, I would say that 20 days are the very least of his problems.

William

-- Posted by HorseGentler on Tue, Jun 23, 2009, at 10:23 AM

I guess that the DUI offenders need to get out here and kill some hard working father in a car crash that has a family before any serious action will be taken against them. Just how many DUI's is a person allowed to get before they go to prison?

-- Posted by AmericanWoman on Tue, Jun 23, 2009, at 12:23 PM

Three people on here for 5th or 6th offense DUI...

How long do you think it will be before we see headlines in the T-G that read "Entire family killed by driver with 6 prior DUI convictions!"?

If the police arrest them the court should make sure they get punished. Obviously taking their drivers license away does not stop them from driving. There has to be a realistic way to take them off the road long before the 5th or 6th offense.

-- Posted by PoorMe on Tue, Jun 23, 2009, at 12:51 PM

AmericanWoman, to answer your question, in TN it takes at least 4 DUI's before it is considered a felony. I am not aware of any level of DUI that would result in anything more than a 2 year sentence as a matter of law. DUI offenders in our county that are dumb enough to waive their cases to the grand jury appear before judge russell if they are indicted. I promise you, if found guilty in Judge Russell's court, those offenders are getting the maximum sentence allowed by law. The problem is TN's laws regarding DUI are WAAAAAY to lax. Some serious reform needs to happen if we are to get these major multiple DUI offenders off the street.

-- Posted by jtjustice30 on Tue, Jun 23, 2009, at 12:54 PM

5th offense DUI, 6th Offense DUI, Habitual traffic offender what is going to take to get these people off the street. Yours may be the next family they kill.

-- Posted by Thatsmystory on Tue, Jun 23, 2009, at 2:13 PM

Most of these DUI offenses are not TRUE in the sense they had 3-6 DUIs. For example, if I got a DUI, then 2 years later a reckless Driving and a year after that a driving on suspended, that would be considered 3 DUIs.

-- Posted by Evil Monkey on Tue, Jun 23, 2009, at 3:20 PM

Concerning DUI's - 1st DUI - If you pay your fine, court cost, drivers school, attoney fees, probation cost And complete 48 hours in jail you can get your license back in ONE year; Therefore, another DUI after a year will go back to DUI 1st offense. If you do get caught then it goes to DUI second offense which "doubles the fine" and nets a longer jail time too.

Why do you keep seeing the same people on the DUI's? It is obivious the system "DOES NOT WORK"! Not everyone can get a slap on the hand and immediately stop drinking and driving. It is an addiction and needs to be addressed as such. Education, Counsiling and MORE EDUCATION would be a start. Getting a job, going to work, having something to be proud of instead of being depressed. I am not saying I understand it but I have friends that had rather drink than eat and I've not had an effect on trying to talk to them. It just breaks your heart on all counts to watch a person self destruct and it hurts even more when you see a stupid decision that results in another fatilitiy especially concerning the death of an innocent person by a DUI driver.

I have to agree with the Stewart guy.... How can you have an income setting in jail? (Could it be possible Social Security Disability?) Maybe he should of thought about that before. Glad that one is off the streets.

-- Posted by Union on Wed, Jun 24, 2009, at 6:19 AM

A DUI is a DUI. Suspended/revoked is just that. Reckless same thing. If you have 5 or 6 DUI's its because you had 5 or 6 DUI's. Those other charges will not show up as DUI's. However, in most cases, a person can be charged with DUI 2nd or 3rd and it will be reduced to a 1st or 2nd. Ridiculous, but part of the silly GS court process.

-- Posted by driedleaves on Wed, Jun 24, 2009, at 7:02 AM

Dear Evil Monkey and jtjustice30, I dont know where you two got your law degrees but from the interpretation of the law you two gave I would say out of a cracker jack box. I know of no amount of DUI's that make it a felony. Where are you getting your information? If someone can show me in the Tennessee Code where the fourth or more DUI offense is a felony ill dance at their wedding. The State of Tennessee is the authority in making someone a habitual offender and that is the only felony driving offense, short of reckless endangerment or some type of homicice involving a vehicle.

-- Posted by free advice on Wed, Jul 1, 2009, at 11:09 AM


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