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Sunday, May 1, 2016

Convenience store robber must serve more prison time

Thursday, December 6, 2012

A man found guilty of robbing a local convenience store in 2009 has lost his appeal to the state parole board.

Richard Lowell Blanchard, II, who is currently housed at the Morgan County Correctional Complex in Wartburg, was granted a parole hearing in June 2011.

But eight days later, Blanchard received notice that he was denied parole on the grounds that his "release from custody at this time would depreciate the seriousness of the crime" for which he was convicted.

The Tennessee Board of Probation and Parole stated that his continued participation in correctional treatment programs would "substantially enhance [his] capacity to lead a law abiding life when given release at a later time."

Further appeals

Blanchard appealed the decision in July 2011, which was denied the following month. He then filed a petition requesting that the court review his parole hearing, alleging that the Board acted illegally and arbitrarily when it decided to decline his parole.

However, according to a ruling by appellate judge John W. McClarty, Blanchard's petition was not verified under oath before a clerk of court, judge, or notary public, and it did not state it was his first application.

Also, McClarty observed that the petition was not filed within the 60-day statute of limitations applicable to those type of documents, saying that Blanchard filed the appeal almost four months too late.

Case details

Blanchard was found guilty by a jury of entering the Kangaroo store at the Madison Street-Deery Street intersection in the early morning hours of March 8, 2009 and telling clerk Frank Dickerson to "Open the (cash) drawer, Pops. I don't want to have to cut you but I will," while wielding a knife.

Dickerson opened the register, but tried to slam the drawer on Blanchard's hand and threw a can of beer, hitting him in the back of the head, as he left the store following the robbery.

The entire incident was captured on the store's video surveillance system from three different angles.

Shelbyville Police Detective Brian Crews testified that when he watched the video, he recognized the assailant as "someone that [he] knew." When Crews presented the store clerk with a photo lineup two days later, Dickerson pointed Blanchard out "almost instantly."