Cops Vindicated part II
This page will contain the charges , the report had five pages of check boxes with marijuana mentioned on every page . The last page of the report was the narrative I already published . No weapons found . The marijuana was described as cultivated outdoors . The offender was suspected of using drugs . I put a definition of the charges in green . I will need to find out the disposition of the charges from the prosecutor or the courthouse .
Reporting Officer : Billingsly , Steve
Incident Date 09/25/2008
Arrestee : Justin Lee Gray ( Driver )
Born : 1981
TCA Offense Code-39-17-418
39-17-418. Simple possession or casual exchange. —
(a) It is an offense for a person to knowingly possess or casually exchange a controlled substance, unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of professional practice.
(b) It is an offense for a person to distribute a small amount of marijuana not in excess of one-half (½) ounce (14.175 grams).
(c) Except as provided in subsections (d) and (e), a violation of this section is a Class A misdemeanor.
(d) A violation of subsections (a) or (b), where there is casual exchange to a minor from an adult who is at least two (2) years the minor’s senior, and who knows that the person is a minor, is punished as a felony as provided in § 39-17-417.
(e) A violation under this section is a Class E felony where the person has two (2) or more prior convictions under this section.
(f) (1) In addition to the other penalties provided in this section, any person convicted of violating this section for possession of a controlled substance may be required to attend a drug offender school, if available, or may be required to perform community service work at a drug or alcohol rehabilitation or treatment center.
(2) Any person required to attend a drug offender school pursuant to this subsection (f) shall also be required to pay a fee for attending the school. If the court determines that the person, by reason of indigency, cannot afford to pay a fee to attend the school, the court shall waive the fee and the person shall attend the school without charge. The amount of fee shall be established by the local governmental authority operating the school, but the fee shall not exceed the fee charged for attending an alcohol safety DUI school program if such a program is available in the jurisdiction. All fees collected pursuant to this subsection (f) shall be used by the governmental authority responsible for administering the school for operation of the school.
TCA Offense Code -- 39-13-103
39-13-103. Reckless endangerment. —
(a) A person commits an offense who recklessly engages in conduct that places or may place another person in imminent danger of death or serious bodily injury.
(b) Reckless endangerment is a Class A misdemeanor; however, reckless endangerment committed with a deadly weapon is a Class E felony.
TCA Offense Code – 39-16-603
39-16-603. Evading arrest. —
(a) (1) Except as provided in subsection (b), it is unlawful for any person to intentionally flee by any means of locomotion from anyone the person knows to be a law enforcement officer if the person:
(A) Knows the officer is attempting to arrest the person; or
(B) Has been arrested.
(2) It is a defense to prosecution under this subsection (a) that the attempted arrest was unlawful.
(3) A violation of subsection (a) is a Class A misdemeanor.
(b) (1) It is unlawful for any person, while operating a motor vehicle on any street, road, alley or highway in this state, to intentionally flee or attempt to elude any law enforcement officer, after having received any signal from the officer to bring the vehicle to a stop.
(2) It is a defense to prosecution under this subsection (b) that the attempted arrest was unlawful.
(3) A violation of subsection (b) is a Class E felony unless the flight or attempt to elude creates a risk of death or injury to innocent bystanders or other third parties, in which case a violation of subsection (b) is a Class D felony.
(4) In addition to the penalty prescribed in this subsection (b), the court shall order the suspension of the driver license of the person for a period of not less than six (6) months nor more than two (2) years. If the license is already suspended, at the time the order is issued, the suspension shall begin on the date the existing suspension ends. The court shall also confiscate the license being suspended and forward it to the department of safety along with a report of the license suspension. If the court is unable to take physical possession of the license, the court shall nevertheless forward the report to the department. The report shall include the complete name, address, birth date, eye color, sex, and driver license number, if known, of the person whose license has been suspended, and shall indicate the first and last day of the suspension period. If the person is the holder of a license from another state, the court shall not confiscate the license but shall notify the department, which shall notify the appropriate licensing officials in the other state. The court shall, however, suspend the person’s nonresident driving privileges for the appropriate length of time.
TCA Offense Code – 39-16-602
39-16-602. Resisting stop, frisk, halt, arrest or search — Prevention or obstruction of service of legal writ or process. —
(a) It is an offense for a person to intentionally prevent or obstruct anyone known to the person to be a law enforcement officer, or anyone acting in a law enforcement officer’s presence and at the officer’s direction, from effecting a stop, frisk, halt, arrest or search of any person, including the defendant, by using force against the law enforcement officer or another.
(b) Except as provided in § 39-11-611, it is no defense to prosecution under this section that the stop, frisk, halt, arrest or search was unlawful.
(c) It is an offense for a person to intentionally prevent or obstruct an officer of the state or any other person known to be a civil process server in serving, or attempting to serve or execute, any legal writ or process.
(d) A violation of this section is a Class B misdemeanor unless the defendant uses a deadly weapon to resist the stop, frisk, halt, arrest, search or process server, in which event the violation is a Class A misdemeanor.
TCA Offense Code – 39-13-102
39-13-102. Aggravated assault. —
(a) A person commits aggravated assault who:
(1) Intentionally or knowingly commits an assault as defined in § 39-13-101 and:
(A) Causes serious bodily injury to another; or
(B) Uses or displays a deadly weapon; or
(2) Recklessly commits an assault as defined in § 39-13-101(a)(1), and:
(A) Causes serious bodily injury to another; or
(B) Uses or displays a deadly weapon.
(b) A person commits aggravated assault who, being the parent or custodian of a child or the custodian of an adult, intentionally or knowingly fails or refuses to protect the child or adult from an aggravated assault as defined in subdivision (a)(1) or aggravated child abuse as defined in § 39-15-402.
(c) A person commits aggravated assault who, after having been enjoined or restrained by an order, diversion or probation agreement of a court of competent jurisdiction from in any way causing or attempting to cause bodily injury or in any way committing or attempting to commit an assault against an individual or individuals, intentionally or knowingly attempts to cause or causes bodily injury or commits or attempts to commit an assault against the individual or individuals.
(d) (1) Aggravated assault under subdivision (a)(1) or subsection (b) or (c) is a Class C felony. Aggravated assault under subdivision (a)(2) is a Class D felony.
(2) In addition to any other punishment that may be imposed for a violation of this section, if the relationship between the defendant and the victim of the assault is such that the victim is a victim as defined in § 36-3-601(8), and if, as determined by the court, the defendant possesses the ability to pay a fine in an amount not in excess of two hundred dollars ($200), then the court shall impose a fine at the level of the defendant’s ability to pay, but not in excess of two hundred dollars ($200). The additional fine shall be paid to the clerk of the court imposing sentence, who shall transfer it to the state treasurer, who shall credit the fine to the general fund. All fines so credited to the general fund shall be subject to appropriation by the general assembly for the exclusive purpose of funding family violence shelters and shelter services. Such appropriation shall be in addition to any amount appropriated pursuant to § 67-4-411.
Because this is mostly text , the rest of the story including the summary and disposition of the charges will be placed here as soon as I can get them .
Justin Lee Gray ( Driver ) Born : 1981
Justin Lee gray pled guilty to felonious evading arrest a class d felony on 24 August 2009 . He received a three year sentence he would be eligible for probation after three months . He was ordered to pay $ 250 court costs and serve 100 hours of community service . Special conditions included retire the other counts , BOPP supervision , Loss of driving privileges for 1 year . He may serve his jail time in Van Buren county . This time is consecutive to the time he would be doing in Van Buren county for a previous offense .
Brian D. Kilgore (Passenger)Born :1979
Brian D. Kilgore was found guilty of resisting arrest on 12/09/08. He was ordered to pay $ 125 in court costs and a $ 50 fine . He was sentenced to serve 11 months 29 days in the Sequatchie County Jail . Jail sentence suspended except ( this was illegible)
Thank you for your patience .