The Newport Plain Talk

Special To The Plain Talk

NEWPORT-A week of criminal court in Cocke County ended with a whimper on Thursday.

Two defendants showed up for their trial, but they had not been in touch with their lawyers, making them unprepared for trial. Circuit Judge Ben W. Hooper II inquired about the case earlier in the week and did not summon jurors to court on Thursday after attorneys for the defendants said they were not prepared for trial even if the defendants did come to court on their trial date.

Both Thomas Sawyer, 25, of 4189 Manis Hollow Road, Gatlinburg, and co-defendant Leslie Hurst, 29, of 3919 Birds Creek Road, Sevierville, are charged with theft of property valued at less than $500, and Hurst is facing an additional charge of criminal trespassing. Their trial had been set for Thursday in criminal court.

The charges stem from an incident last November in which Sawyer and Hurst are alleged to have removed a bag of merchandise valued at $158.37 from the Newport Wal-Mart. The property was reportedly recovered by Wal-Mart loss prevention officers.

Hurst was arrested on the criminal trespassing charge at the Wal-Mart in Seymour, Newport police reported.

Attorneys representing Sawyer and Hurst told the judge earlier this week that they had been unable to locate their clients to prepare for trial, and did not know if the defendants would be in court Thursday for their trial.

Because it was uncertain if there would be a trial in the case, Judge Hooper called off the trial rather than summon a panel of about 50 jurors to court. But Judge Hooper and the attorneys were in court on Thursday, and both defendants were in court before the 9 a.m. start time for their trial.

"I ought to put both of you in jail right now and keep you there until your trial date comes up," Judge Hooper told Sawyer and Hurst. "That way, your lawyers would not have to look [all] over to find you.

"And I decided not to put you to trial because I don't think that would be fair to you," the judge said, adding that calling the jurors to court would cost at least $750.

"If I'd let the jury come in today...that would be $750 that you would have had to pay," the defendants were told. "But from now on, stay in touch with these lawyers and be ready to get this case on track and disposed of."

Judge Hooper will determine the status of the case, and perhaps hear a plea agreement, on September 8. The trial was reset for September 10. Judge Hooper also set a hearing for July 19 on a motion filed by state prosecutors to revoke the defendants' bonds in the case.

Thursday's events ended a full week of criminal court during which no jury trials were held; but Judge Hooper heard about a dozen plea-bargains and sentenced several defendants who had already pled guilty to criminal charges against them. The judge also heard other criminal matters, including motions in pending criminal cases and held hearings for defendants accused of violating the rules of probation.

The theft of about $120 in cash from the Newport VFW Club and a cellular telephone from the nightspot's bartender resulted in a three-year sentence for a 30-year-old Cosby man on Tuesday.

Josue Collazo-Pillot, of 2264 Stoneview Way, Cosby, pled guilty to a charge of robbery before Judge Hooper this week. The defendant will serve 150 days of a three-year jail term, with the balance of the sentence on probation.

Assistant District Attorney General Amanda Inman told the court that Collazo-Pillot entered the VFW Club on the evening of February 9. Newport police reported that the defendant had been inside the nightspot for several hours.

After being told the business was closing, Collazo-Pillot went behind the bar, where bartender Susan Davis was working, police reported. Davis, of 121 Loftis Road, Parrottsville, was pushed down twice and threatened before Collazo-Pillot left the establishment after taking $120 from the cash register along with Davis' cellular telephone, Inman told the court.

The defendant was arrested by Cocke County Sheriff's deputy Derek Wright, who responded to a complaint called in by Collazo-Pillot to the local central dispatching center, according to police and sheriff's department reports.

Under the terms of the plea-bargain, Collazo-Pillot was instructed to have no contact with the local VFW Club after he is released on probation.

Among other cases heard in criminal court this week, Jonathan Lee Bryant, 26, of 225 Bowman Drive, will serve 120 days of a two-year jail sentence after pleading guilty on Tuesday to theft of property valued at more than $500. A concurrent term of 120 days of an 11-month, 29-day term was handed down when Bryant pled guilty to the misdemeanor charge of theft of property valued at less than $500.

In the felony case, Assistant District Attorney General Joe Crumley told Judge Hooper that Bryant and a co-defendant are alleged to have taken a one-carat diamond ring valued at about $9,800 from Dazzler's of Newport on November 12. The ring was allegedly pawned by the co-defendant in Newport and has not been seen since, the prosecutor said.

Bryant will serve 120 days of the two-year jail term, will pay restitution of $3,500 to Dazzler's, will pay court costs, and has agreed to testify truthfully against the co-defendant if necessary, under the terms of the plea-bargain. The balance of the two-year sentence will be served in the Community Corrections Program.

The misdemeanor theft charge stems from the theft of two digital cameras from the Newport Wal-Mart on December 7, Crumley told the court.

Three sales of "crack" cocaine to an undercover agent of the Third Judicial District Drug Task Force in 2004 and 2006 resulted in a 20-year prison term for 32-year-old Barry Stewart.

Stewart, of the Rock City community in Newport, was sentenced to 20 years on each of three counts of sale of cocaine in a negotiated plea agreement on Tuesday. Under the terms of the plea-bargain, the three sentences will be served concurrently in the custody of the Tennessee Department of Correction.

As a "career offender" because of his previous record, Stewart will be required to serve at least 45 percent of the sentence before being eligible for parole consideration.

Prosecutor Inman told the court that the defendant is accused of selling two grams of cocaine to the agent on October 4, 2004; 1.3 grams on December 4, 2006; and six tenths of a gram on December 20, 2006.

Judge Hooper approved the plea-bargain and levied fines totaling $6,000 plus court costs in the case.

"You've ruined your life," Judge Hooper told Stewart in handing down the sentence. "If you ever commit this kind of crime again, you'll die" in prison.

Judge Hooper also agreed with defense attorney Tom Testerman's request that his client be placed in a "special needs" facility within the state prison system because he suffers from a brain tumor.

The judge also agreed to allow Stewart to report to the Cocke County Jail to begin serving his sentence on Friday after a previously scheduled doctor's appointment.

Leslie Hyder Hensley, 64, of 497 River Street, pled guilty on Tuesday to second-offense driving under the influence (DUI), violation of the state implied consent law, reckless driving, and violation of the state open beverage container law.

Prosecutor Crumley told the court that Hensley was stopped by Tennessee Highway Patrol Trooper Kevin Kimbrough after forcing the trooper's cruiser off the side of the road on January 2.

The defendant, who admitted that he had been drinking beer that night, refused to submit to both breath/alcohol and field sobriety tests and had an open container of an alcoholic beverage inside the vehicle, Crumley said.

Under the terms of the plea agreement, Hensley was ordered to serve 45 days of an 11-month, 29-day jail term and to pay a $600 fine on the DUI charge. In addition, a fine of $50 was levied on the reckless driving charge and a $25 fine was assessed for violating the open container law. The defendant will also lose driving privileges for two years.

Cocke County resident Charles Sutton pled guilty on Monday to a charge of sale of more than a half ounce of marijuana. He will serve six months of a two-year jail term and pay fines totaling $2,210 plus court costs.

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