NEWPORT-In one of just a handful of local cases in which
genetic evidence has been a key element, a seven-man, five woman Cocke County
criminal court jury convicted a local man Wednesday of three charges in
connection with the burglary of a Newport residence in 2006.
At the end of a full day of testimony before Circuit
Judge Ben W. Hooper II, the presence of the defendant's DNA on a cigarette butt
found at the scene of the crime seems to have been a deciding factor in the
jury's decision to convict 29-year-old David Lynn Sisk, of Seventh Street.
Sisk was found guilty in the jury trial of aggravated
burglary, theft of property valued at more than $10,000, and theft of property
valued at more than $1,000 in connection with at least one break-in at the home
of Manit and Marina Subhakul at 504 Seventh Street between March 27 and April
4, 2006. Valuable silver and gold coins, jewelry, documents, currency, and
other property were stolen in the burglaries, according to evidence introduced
to the jury by Assistant District Attorney General Joe Crumbley.
Prosecution witnesses told the jury that Sisk is alleged
to have entered the Subhakul residence while the family was away from home on
vacation, took the property, which testimony showed had a total value of more
than $22,000, then took the victims' 1992 BMW. Crumbley said none of the
property alleged to have been taken in the break-in has ever been recovered,
but investigators later found the burned-out remains of the BMW.
During the investigation into the crime, Newport Police
Detective George Grooms recovered the cigarette butt inside the Subhakul
residence. Although the victims and the suspects families lived near each
other, DNA extracted from the cigarette butt could not be linked to anyone who
was known to have been inside the Subhakul home, but it was consistent with
that of the defendant.
Defense attorney Brad Davidson called no witnesses to
testify on behalf of his client, but he assailed the prosecution's
circumstantial evidence in the case. Davidson repeatedly told the panel that
the state has no direct evidence placing Sisk inside the Subhakul home when the
thefts occurred and there is no evidence directly tying any of the stolen
property to the defendant.
In the wake of the jury's verdict, Judge Hooper will
formally sentence Sisk on September 30. The defendant is facing a maximum term
of 15 years in the custody of the Tennessee Department of Correction on the
aggravated robbery charge.
Sisk was also ordered to pay fines totaling $12,000 in
addition to court costs in the case.
Judge Hooper also accepted four negotiated plea
agreements in criminal court on Tuesday, the final day of a week-long term of
criminal court this week.
Also in criminal court this week, sentencing was set for
September 30 in the case of a local man who pled guilty on Tuesday to three
counts of burglary of a building, two counts of theft of property valued at
more than $1,000, and theft of property valued at less than $500.
Judge Hooper will decide after the September hearing how
much of the five-year term handed down as a result of Tuesday's plea-bargain
must be served and whether probation or another form of supervised release will
be permitted.
The charges against Moore stem from break-ins of a
building at 440 Eastern Plaza Shopping Center owned by the Tennessee Department
of Labor from which computers and other property were taken; of the Men's Den
in downtown Newport on March 16 and the theft of clothing and other property;
and of East Tennessee Coffee Company at 238 East Broadway on March 16, from
which less than $500 worth of cookies was stolen.
Moore's bond on the pending charges was revoked under the
terms of the plea-bargain.
Cocke County resident Bobby Joe "B.J." Hill
will serve 60 days of a four-year sentence, with the balance of the term in the
Community Corrections Program after pleading guilty on Tuesday to aggravated
burglary, theft of property valued at more than $1,000, and vandalism of property
valued at less than $500.
Under the terms of the plea-bargain, Hill was sentenced
to four years on the aggravated burglary charge, a concurrent term of three
years for theft of property, and a concurrent 11-month, 29-day term on the
vandalism charge.
The defendant must also pay restitution totaling
$3,449.85 along with court costs in the case.
Debra Poppenheimer, 47, of 1455 Walker Road, Bybee, will
serve 120 days of an eight-year jail sentence after pleading guilty on Tuesday
to possession of cocaine with intent to sell on February 22. The court also
levied a $2,000 fine under the terms of the plea-bargain.
In a final matter on Tuesday, Charles Daniel Ruppert, 31,
of 2626 Early Road, was sentenced to a five-year sentence after pleading guilty
to sale of methamphetamine.
Ruppert was ordered to pay a $2,000 fine plus $200 in
restitution to the Fourth Judicial District Drug Task Force for the costs of
its investigation.