In Eckleburg's Eyes - 8/25/2008, Part 1

My weekend revolved around two significant events - a trial and a wedding. As such, for the first time, there will be two weekend "In Eckleburg’s Eyes" posts. I will begin with the unveiling of Mr. X.

On Friday morning, JTH and I met Mr. X at the City-County Building where he was meeting with his attorney, Russell T. Greene. A plea agreement had been reached and was to made official by a judge. JTH and I were the only supporters in attendance as Mr. X had not told his parents about his situation so as not to worry them. There was nothing they could do.

Mr. X is my good friend JDM. His identity has been concealed as he has been part of an ongoing legal investigation. While he was working at MoFoS, a sting was inacted on September 19, 2007. Target supplied the local police with numerous items (still in their packaging, including Target price tags) and sent an undercover policemen into the store to sell the merchandise. JDM had the misfortune of manning the register at this time. He sensed something amiss and had his manager SNS assess the situation. Not surprisingly, SNS completed the transaction.

The KPD believed that stolen goods were being unloaded at the store. JDM was clearly not the target of the investigation but he refused to roll on his friend and store owner JBT. (The two have not spoken since charges were filed as JDM quit his job and was legally not allowed to tell JBT of his predicament.) While MoFoS, like all secondhand retail stores does receive stolen merchandise, it was not near the magnitude the KPD assessed. We are unaware if they continue to investigate the store or if SNS was also charged as he suspiciously quit at approximately the same time as JDM.

The investigator in the case was T.A. Dunham (TAD) and the district attorney was Steve Garrett (SLG). As noted, JDM was represented by RTG. His brother-in-law, JAH, had worked at his his office complex (the First Tennessee Plaza) in the past and arranged the defense.

For the last eight months, JDM’s future has been up in the air. JHT and I were first aware of the charges on February 9th. We were strictly forbidden to discuss the issue until the trial was over.

Despite the deal being prearranged and signed, we spent the better part of the day waiting at the court house. The court room is great place for people watching. (We spent minutes contemplating a wrestling plancha on this bystander. We surmised that it would not help JDM's chances.) Being confined to the building, we ate at the C & C Cafeteria. I highly recommend the Friday special: a fountain drink, barbeque sandwich, and fries all for the low price of $5.15.

The proceedings were conducted in Criminal Court Division II. The judge was Kenneth F Irvine Jr. (KFI) who was sworn in on August 20th, 2007 after the death Judge Ray Lee Jenkins, KFI was named as his official replacement on October 31st.

We also had the opportunity to witness many other hearings. Most were brief. The most lengthy and interesting was the probation hearing of Ray Loveday, Jr. The Knox County Sheriff's Office arrested the South Knox County 21-year old on the morning of May 21st for allegedly violating the Community Alternatives to Prison Program. He was taken into with the Knox County S.W.A.T. team on hand, because officers believed Loveday could have guns in the house on Crescent Drive. No guns were found.

His lawyer essentially begged for his release as he had not seen his three-week old son. He had been clean except for being charged in a homicide! Seriously. (For the record, he was accused of a driveby shooting by a person who had a dispute with him. It appeared the charges had been dropped.) This is one of his supporters, who sported a “wife beater” t-shirt, baggy shorts, and numerous visible tattoos. Sadly this was the norm for courtroom attire on this day.

Eventually, KFI heard the plea bargains. JDM sat in a circle of eight as the plea agreements were done simultaneously. Questions were asked both individually and to the group at various points. JDM seemed way out of place. He was the only one with any college experience, dressed well, and had not done anything taboo. His seven peers were:

• 1. A 58-year old African-American who had served as the lookout during a burglary.
  
• 2-4. Eric Bradley, 33, Joshua Douglas, 24, and Tina Rogers, 25, who were charged with aggravated robbery of the First Choice Community Credit Union (9440 Mascot Rd.) on May 28. The bank was robbed at about 1:25 p.m. by a man (Douglas) armed with a knife, wearing a mask and grey hoodie. He got money in a paper bag and fled in a white minivan. They were apprehended after fleeing to Walhalla, South Carolina. We sat behind Douglas’ parents.
  
• 5. A man charge with DUI who was asked to surrender his license on the spot. He was the only other person who dressed for court all day.
  
• 6. A 22-year old man with three children who was dealing in methamphetamines.
  
• 7. A cocky and loud plumber convicted of car robbery and who spent the proceedings laughing with his attorney.

JDM did not blend in. Thankfully, the judge treated him with dignity. JDM’s settlement has him serving one year’s probation, the least possible sentence given the charges against him. His charge was reduced from a Class D to Class E felony as it was changed from theft to attempted theft. (The estimated value of the merchandise was between $1,000-$10,000). Sadly, the courts show no distinction between what occurred and had JDM entered Target and walked out with the merchandise. Gratefully, his record will be expunged in one year.

JDM was to return to be processed (yes, including a mug shot) on Monday, August 25th. He returns after 45 days on October 2nd to qualify for his record being expunged.

It was a long day. As JTH astutely observed, “Time is not of the essence in court.” We did learn two valuable lessons: 1. If you choose to steal from a retail store, do not select Target. 2. Never, under any circumstances, opt for the public defender if given the choice. Plus, we were positioned near the Register of Deeds Office.

Seriously, keep JDM in your prayers. He has displayed tremendous character throughout this ordeal.