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PARADE MAGAZINE

October 08, 2008

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DNA convicts Sisk of 2006 home break-in

Published: 10:38 PM, 07/18/2008
 

Author: Gilbert Soesbee
Source: The Newport Plain Talk

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.

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