Sexton handles plea agreements


By Jan Runions - [email protected]



Judge Shayne Sexton handled several plea agreements recently, during sessions in Claiborne Criminal Court.

Fred W. Bailey, 51, initially charged with aggravated assault, vandalism over $1,000, evading arrest and driving on a suspended license, was sentenced to a concurrent three years at 30 percent confinement. He was given credit for 207 days of jail time already served. The vandalism and suspended license charges were dropped at the time of sentencing.

Benjamin Arthur Harness, 30, charged with driving under the influence (fourth offense), was sentenced to two years confinement. Harness was given credit for 170 days of jail time already served.

Billy Wayne Kelley, 46, initially charged with driving under the influence and possession of a schedule II controlled substance with the intent to sell, was sentenced to a split confinement of 11 months, 29 days ETHRA supervised probation with two days confinement. Kelley was given credit for any jail time already served. He must pay at least $75 per month in court costs and fines, including a $350 fine, beginning on Dec. 5. Kelley must attend the MADD Victim Impact Panel. His driver’s license is revoked/suspended for one year. Kelley is eligible for unsupervised probation once found fully compliant. The initial possessions charge was dismissed at sentencing.

Matthew Keith Hubbard, 46, initially charged with driving under the influence and violation of the implied consent law, was sentenced to a split confinement of six months TDOC supervised probation with two days confinement. Hubbard was given credit for two days of jail time already served. He must pay at least $100 per month in court costs and fines, including a $350 fine, beginning on Dec. 5. Hubbard must also complete 20 hours of community service. The sentence was reduced to one count of reckless driving, due to the loss of the Claiborne E-911 call during a system crash earlier this year.

Joshua R. Barnett, 28, initially charged with aggravated burglary, vandalism under $500 and theft over $1,000, was sentenced to a concurrent six years at 30 percent confinement. Barnett was given credit for any jail time already served since the offense date of March 28, 2015. He is barred from any contact with his victim and must stay at least 1,000 ft. away from her property. The vandalism charge was nolle at the time of sentencing. This case runs concurrently with a pending violation of probation case.

Donald Ray Scott, 31, charged with aggravated burglary, theft under $500 and the altering of a serial number, was sentenced to a concurrent split confinement of four years TDOC supervised probation with nine months confinement. Scott was given credit for 79 days of jail time already served. He must pay at least $75 per month in court costs and fines beginning 30 days from release of jail. Scott forfeits $75 to the Economic Crime Fund, as well. Scott is barred from any unlawful contact with his victim.

Cynthia A. Sharp, 34, charged with burglary, two counts of theft of property up to $60,000 and one count of theft over $1,000, was sentenced to a total effective two years and one day confinement followed by nine years TDOC supervised probation. Sharp must pay at least $200 per month in court costs beginning 30 days after release from jail. She forfeits $750 to the Economic Crime Fund, a fine that reflects numerous occurrences. Sharp must pay $9,950 in restitution to First Century Bank. A hearing on Jan. 23 will decide restitution to Home Federal Bank and the Claiborne Progress newspaper. This case runs concurrently with one in Union County.

Michael Edward Wade, 24, charged with burglary and theft over $1,000, was sentenced to a concurrent two years TDOC supervised probation with 74 days confinement. Wade was given credit for 74 days of jail time already served. He must pay at least $75 per month in court costs beginning Dec. 7. Wade forfeits $75 to the Economic Crime Fund. Restitution will be determined during a hearing on Jan. 23. He is barred from any contact with his victim and must stay at least 1,000 ft. from her property.

Benjamin Wayne Hopson, 29, charged with vandalism over $1,000, was sentenced to three years TDOC supervised probation. Hopson must pay at least $75 per month in court costs and $1,950 in restitution to the Claiborne County Jail. This case runs consecutively with all prior ones.

Amber Atkins, 21, charged with two counts of theft over $1,000, was sentenced to a consecutive split confinement of six years TDOC supervised probation with six months confinement. Atkins was given credit for 76 days of jail time already served. She forfeits $150 to the Economic Crime Fund. A hearing on Jan. 23 will determine the manner of paying court costs and restitution. Atkins is barred from any contact with her victims.

Tommy Lynn Smith, 56, initially charged with possession of a schedule III controlled substance, was sentenced to 11 months, 29 days ETHRA supervised probation on the reduced sentence of possession of drug paraphernalia. He must pay at least $100 per month in court costs and fines, including a $150 fine, beginning on Dec. 5.

Reach Jan Runions at 423-254-5588 or on Twitter @scribeCP.

By Jan Runions

[email protected]

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