Defense attorney, judge dispute Niles hearing

Defense atttoney Mickie Daugherty, right, confers with David Niles about the status of his first degree murder case. Daughtery and General Sessions Judge Charles Rich traded words Tuesday over a motion she filed that accused the court of violating Niles' rights.
(T-G Photo by Brian Mosely)

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David Edward Niles, 24, who has been charged with first degree murder in connection with the Jan. 11 shooting death of 26-year-old Laura Parker, will have a preliminary hearing before Judge Charles Rich at 1 p.m. on March 15.

However, defense attorney Mickie Daugherty filed a motion Tuesday to dismiss the murder charges and demanded that a preliminary hearing take place that day, accusing the court of acting in bad faith and violating her client's rights, which did not set well with Rich.

Rule violated?

Daugherty stated in her motion that the court had violated Rule 5(d) of the Tennessee Rules of Criminal Procedure by not setting a preliminary hearing in Niles' case within 10 days of his arrest.

She claimed in her motion to dismiss that she had twice asked for a preliminary hearing and that request was refused, saying that Assistant District Attorney Richard Cawley told her that the hearings were only conducted in Bedford County once every other month.

She wrote that Cawley refused to set a hearing date until after a mental evaluation was completed on Niles and was not sure if they would be ready for the hearing any sooner than the next assigned date.

"Based on the information given to council by the Assistant District Attorney, Rule 5 is violated regularly in Bedford County as a course of business," Daugherty wrote.

"It is our assertion that the denial of Mr. Niles right to a preliminary hearing was done in bad faith, as a regular course of business, to allow the police department or other law agencies to get their case together, or as the Assistant District Attorney said, 'ready.'"

Words exchanged

Cawley objected to the motion made by Daugherty, and Rich admonished her, telling her "you need to be very careful about how you use the English language in this courtroom."

Saying that the defense would have an opportunity to be heard, Rich then told Daugherty "what the situation is."

"You have given me no choice but to inform you that you have to turn me in to the court of the judiciary because you claim that this court has a systematic practice that violates the constitutional and/or the statutory rights of defendants that appear in this courtroom," Rich said. "Because I haven't been aware of it."

But Rich then warned Daugherty that if she has not researched the allegations that she had made in the motion, "I have to turn you in."

Daugherty said that she had requested the hearing for Niles from Cawley twice, but Rich then asked, "Since when does Mr. Cawley run this courtroom?"

She explained that she asked for a hearing on Jan. 19, but that was denied based on the fact that Niles was ordered evaluated. Daugherty said that she was told by Cawley that a hearing would not take place until the evaluation was complete.

Rich also took issue with Daugherty's use of the term "bad faith," saying that it was "a pretty strong assertion."

"We do believe he was denied his preliminary hearing in bad faith," Daugherty replied, saying there was no legal basis for denying the hearing.

"None of which you have brought to my attention, until today," Rich replied, pointing out that she waited three weeks from her last request for a hearing before filing the motion to dismiss.

But Daugherty continued to assert that Niles' rights had been violated by the court.

"Why not just ask (for a hearing) and not accuse me of being a member of the evil empire," Rich said. "How does that promote our judicial system?"

Rich repeated he had only become aware of Daugherty's allegations that day and that he didn't think that the remedy for a violation of Rule 5 was to dismiss the case.

"I'm not going to dismiss the warrants, but I am going to set this for a preliminary hearing," Rich said.

Waiting on results

Niles was arrested no more that five minutes after gunshots were reported at Forest Hills Apartments on Neeley Avenue around 8:30 p.m. on Jan. 11, where the body of Parker was discovered lying in a pool of blood near her car, approximately 10 feet from the front door of her apartment.

His car, a white Nissan Sentra, matched the description of a vehicle seen leaving the apartment complex, and he was pulled over by Shelbyville police officers Lt. Jason Williams and Sgt. James Wilkerson, who discovered a Glock 9mm semi-automatic pistol in Niles' possession.

Police officials told the T-G Tuesday that they have yet to receive results of the autopsy or ballistic tests on the weapon Niles had in his possession.

Shelbyville Detective Brian Crews said that Niles stated he had a firearm, but that officers had no idea at the time he was the suspect in the murder.

Crews said that Niles claimed that he and his wife "had been into it and he went into the country to fire some shots off." However, when officers began questioning him, Niles invoked his right to an attorney.

Crews explained that Niles is married to another woman, and has never been married to Parker. There is also no record of any domestic violence calls involving Niles and Parker, Crews said.