Waffle House robbery plea entered

Waffle House robbery plea entered

Aug. 15—Johnathan William Beard Tuesday pleaded guilty to an information charging armed robbery at the Waffle House on N. Main St. on May 28.

Beard brought to a close his legal troubles by pleading guilty to the Class B felony and accepting a 15-year prison sentence at 100%.

By entering the plea, Beard avoided prosecution on other charges related to the incident, but it left Criminal Court Judge Wesley Bray trying to grasp a better understanding of a restitution.

That entry calls for restitution to be determined to be paid to the Red Roof Inn and not restitution for the robbery.

“Was this a three-story building … did he fall three floors or what?” the judge asked.

Assistant District Attorney Allison Null explained. In his frantic flight from Crossville and Cumberland County Sheriff’s Office officers, Beard entered an attic space over the rooms and was running from the officers.

He stepped through, or fell through, the ceilings of three separate rooms before officers were able to place the Beard into custody.

Though a serious offense, the explanation provided a bit of levity, with Beard lowering his head with a slight grin, Null politely smiling and Bray looking down for a moment before accepting the plea agreement.

Defense attorney Kyle Cokkinias noted for the record that should restitution be disputed when final figures are provided, his client retained the right to challenge the amount.

Estimated damage to the motel rooms was placed at $30,000. Beard is to pay the difference of what insurance will not pay for the damages at a price to be determined.

Beard entered the plea as a Range II offender. Under state law, the Tennessee Department of Correction will determine during Beard’s incarceration as to whether he met certain incentives that will allow the sentence to be reduced to 85%. If not, he will serve the sentence at 100%.

On Aug. 8, Beard waived action to the grand jury charges of aggravated robbery, two counts of aggravated assault, burglary and four counts of vandalism of $10,000 to $60,000.

As a result of the plea on Aug. 13, all those charges were dropped and the new charge of aggravated robbery put into effect with his plea. He is being given credit for 77 days served in jail since his arrest.

According to a press release issued by Crossville Police, officers were dispatched to the Waffle House on a report of a robbery in progress.

The suspect was identified as Beard, a Harriman resident, who was armed with a pocket knife.

He was accused of assault two female employees by striking them and leaving with $388 in cash.

As police were interviewing the victims, another call from dispatch reported the suspect was possibly hiding in the Red Roof Inn.

Police found Beard had accessed the attic area over rooms through a utility room. A motel employee brought keys to the rooms, but as officers opened one room, Beard moved through he attic to the adjoining room, stepping or falling through the ceilings of three rooms before officers were able to corner him.

“Once located, the suspect began throwing money at officers, refused to comply with officers’ commands,” the CPD press release read.

Pepper spray, bean bags and a stun gun were used to “extract the suspect from the attic,”the press release stated. Police said $381 thrown at them was recovered.

Bray asked Beard if this was a “knowing and voluntary plea” and if he had been promised anything or had been forced to plea to the information.

Beard responded he understood his actions and his rights, had been promised nothing and wanted to go forward with the plea.

Beard will be transferred from the Cumberland County Justice Center to custody of the Department of Corrections.

In other cases on the docket, the following took place:

Guilty pleas

—Brittany R. Berry, 29, pleaded guilty to an information charging fraudulent use of a credit card, a Class E felony, and received a two-year suspended sentence to be served on supervised probation as a Range 1 offender.

Berry is to pay $335.43 restitution to a family member and is being given credit for 31 days served in jail. The charge stems from June 6-11 incidents investigated by CPD during which a credit/debit card was used without permission or knowledge of the owner.

—James David McDonald, 58, pleaded guilty to an information charging theft of more than $1,000 and received a one-year suspended sentence to be served on supervised probation, with court costs and fines waived. McDonald is to pay $200 in restitution.

The sentencing agreement was reached under condition that McDonald tell authorities the location of a utility trailer stole from a location on Virgil Smith Rd. on July 13. The theft was captured on surveillance video. The trailer was recovered and returned to the owner, resulting in the sentencing agreement by all parties. McDonald is being given credit for 27 days served in jail.

Motion/petitions

—Jimmy Harold Clark, motion for new trial in rape of a child conviction, hearing continued to Oct. 22 to allow for further review of court transcript of the trial.

—John Clayton Neely, theft of property of $1,000 to $2,500, motion hearing continued to Oct. 22.

Deadline docket

—Corey Dale Keith, possession of 300 grams of meth or more, reckless endangerment, evading arrest and driving while in possession of meth, set for Oct. 22 for tracking and trial set for Oct. 29. Two counts of possession of meth with intent, introducing contraband into a penal institution, possession of a weapon by a felon, possession of a weapon during commission of a dangerous felony, continued to Oct. 22 for tracking.

—William Franklin Walsh, aggravated assault, reckless endangerment and failure to render aid at an injury crash, continued to Sept. 3.

—Kerwin Deshaun Williams, two counts of possession of meth with intent, possession of a Schedule II drug with intent, theft of property of up to $1,000 and simple possession, continued to Oct. 8.

Arraignment

—Corey Dale Keith, possession of meth with intent, continued to Oct. 22 at which time Keith is to return to court with an attorney.

—Tyrel Scott Lorenz, assault, continued to Oct. 1.

Probation violations

—Donnie Lynn Rector, probation violation hearing continued to Sept. 10.

—Thomas Donald Smith, probation violations, certificate of completion of long-term treatment submitted and transferred back on supervised probation.

—Skyer Alexus Swafford, pleaded guilty to a probation violation and is to serve the balance of a six-year sentence.

—Alan Michael Unser, pleaded guilty to a probation violation and is to serve 75 days in jail on weekends and then be reinstated back on supervised probation.

—Bobby Gene Barnes, pleaded guilty to probation violations and is to serve 120 days in jail after which be reinstated back on probation.

—Joseph Daniel Dunn, pleaded guilty to probation violations and is to serve 120 days in jail after which be reinstated back on probation.

—Kenneth Edward Kilby, Public Defender’s Office appointed to represent Kilby and probation revocation hearing continued to Sept. 10.

—Ian Malcolm McFarlane Morin, pleaded guilty to a probation violation and it serve the balance of probation concurrent with probation violation from General Sessions Court.

—Kayla Geane Reece, pleaded guilty to a probation violation and is to serve 120 days in jail.

Michael Moser may be reached at mmoser@crossville-chronicle.com

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