Chronicle Article offers explanation ...

Chronicle Article offers explanation of Not Guilty on One Charge

Posted in the Camden Forum

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Since: Mar 11

Location hidden

#1 Jan 24, 2013
This week's Camden Chronicle explained the why there was a finding of "Not Guilty" on the charge of Resisting Arrest in the matter of State v. Joe Kyle. "Technically" he was not yet under arrest when the belligerent behavior accompanied by abusive language directed towards an Officer of the Sheriff's Department occurred.

http://www.magicvalleypublishing.com/v2/conte...

It was explained by the Officer testifying that the report of the Home Invasion and a description of the vehicle leaving the scene had just been put out on the Radio to all Officers on Duty when one of them spotted the suspected vehicle and reported it to Central Dispatch. Other Sheriff's Deputies were in the vicinity and the suspected vehicle was pulled over just for questioning.

It was testified that from the moment the driver was approached the passenger who was Joe Kyle became verbally abusive, loud and confrontational, even before he was questioned about the reported home invasion.

An officer had gone to the crime scene to talk to the homeowner calling 911 and the matter was being investigated as the pickup truck being driven by Bob Pace and passenger Joe Kyle was pulled over.

No arrest or decision to arrest Kyle apparently had yet been made when this bizarre and confrontational behavior occurred hence when someone is technically not yet "under arrest" one cannot be charged with resisting arrest even though the behavior is over the top and uncooperative.

The victim reported smelling alcohol on the intruder and one of the deputies made an off handed statement later to someone about the alleged perpetrator appearing to be "loop legged drunk", this person was not driving. This would account for the behavior because certainly a rational and sober person would not immediately 'get in the face' of an officer, especially if you are not the driver, simply upon the act of having the vehicle pulled over.

Because the arrest technically had not taken place at the time this occurred the charge of resisting arrest was not valid the Judge apparently ruled. However he would not let the Sheriff's video be shown because the behavior was apparently such that it certainly would have 'prejudiced' any Jury because the behavior was so over the top and abusive. That behavior of course did not have anything to do with the facts involving what happened at the crime scene. Therefore there was no need to show it once it was determined the "resisting arrest" charge was technically moot in this instance. Also showing it would have 'prejudiced anyone' so the Judge's ruling was no doubt correct.

Police videos and 911 tapes are available under Tennessee FOIA Statues once a case has been resolved the Attorney overseeing FOIA Compliance who works in the Secretary of State Office in Nashville said. This video will be in the Public Domain at some point in the future and folks can then just judge for themselves the relevance.

Remember the accused had just conducted a Public Meeting of the Beer Board the day prior to this incident happening. Setting aside the conviction for Aggravated Criminal Trespass, one would wonder why this type of conduct in Public would be tolerated by the Government Body appointing this Public Official. Will there be consequences?

macky

Strzelin, Poland

#2 Jan 24, 2013
What was his bail and who posted it?
bail bonds r us

Mckinney, TX

#3 Jan 24, 2013
He posted his own bail.

Since: Mar 11

Location hidden

#4 Jan 24, 2013
macky wrote:
What was his bail and who posted it?
I would have guessed Bob Pace. When Pace was arrested in the summer of 2011, it was Kyle who bailed him out. They are both Public Officials sitting on the same County Board. Pace was a former Commissioner they say. You know these "Public Officials" have to stick together.

I guess you would say they are "Bail Bond Buddies".....always nice to know you have got a buddy to make your bail for you!!!
macky

Jumilla, Spain

#5 Jan 24, 2013
bail bonds r us wrote:
He posted his own bail.
It should have been high that's why these bad guys keep committing crimes they know they can and get away with it.
bail bonds r us

United States

#6 Jan 24, 2013
Bob Pace was R.O.R.
No bond was set or paid.
His charge was later dismissed.
BC resident

Camden, TN

#7 Jan 25, 2013
Sal, I just read the story in the paper. It is nothing like what you posted a while back that happened. Now who lied? Was it you or the paper?
If I recall you said the lady did not know the man's wife and in testimony she admitted she did. You said the man was in the house and there seems to be some testimony that she didn't remember if his feet were over the threshold or not. I certainly don't know what happened but if I were on trial for this I would have you and Sassy there since both of you talked to the lady right afterwards. How do we know now what the truth is?
Bull

São Paulo, Brazil

#8 Jan 25, 2013
Guilty as charged 40 years hard labor. I think he should be flogged.
BC resident too

Trenton, TN

#9 Jan 25, 2013
BC resident wrote:
Sal, I just read the story in the paper. It is nothing like what you posted a while back that happened. Now who lied? Was it you or the paper?
If I recall you said the lady did not know the man's wife and in testimony she admitted she did. You said the man was in the house and there seems to be some testimony that she didn't remember if his feet were over the threshold or not. I certainly don't know what happened but if I were on trial for this I would have you and Sassy there since both of you talked to the lady right afterwards. How do we know now what the truth is?
Perhaps you should have attended the trial instead of listening to a flea bag like Sal. Then you would know the truth. And what does Sal and Sassy talking to the "lady" afterwards have to do with the trial?
BC resident

Camden, TN

#10 Jan 25, 2013
BC resident too wrote:
<quoted text>
Perhaps you should have attended the trial instead of listening to a flea bag like Sal. Then you would know the truth. And what does Sal and Sassy talking to the "lady" afterwards have to do with the trial?
I meant they talked to the lady after the incident.We all know that neither of them like JK so it might appear someone was trying to sway the testimony. I don't listen to Sal. Sal has his panties in a wad because he didn't get his way so therefore he tries to take down anyone he feels wronged him. Reading Sal's posts only proves what a liar he is. The trial is over and the jury has spoken. It is time to let this rest don't you think?
BC resident too

Trenton, TN

#11 Jan 25, 2013
BC resident wrote:
<quoted text>
I meant they talked to the lady after the incident.We all know that neither of them like JK so it might appear someone was trying to sway the testimony. I don't listen to Sal. Sal has his panties in a wad because he didn't get his way so therefore he tries to take down anyone he feels wronged him. Reading Sal's posts only proves what a liar he is. The trial is over and the jury has spoken. It is time to let this rest don't you think?
Agreed but Sal will not.

Since: Mar 11

Location hidden

#12 Jan 25, 2013
BC resident wrote:
Sal, I just read the story in the paper. It is nothing like what you posted a while back that happened. Now who lied? Was it you or the paper?
If I recall you said the lady did not know the man's wife and in testimony she admitted she did. You said the man was in the house and there seems to be some testimony that she didn't remember if his feet were over the threshold or not. I certainly don't know what happened but if I were on trial for this I would have you and Sassy there since both of you talked to the lady right afterwards. How do we know now what the truth is?
I did not talk to the victim Kitty Shelton after the trial,I only talked to her once, two days after the crime occurred and was being reported and that was March 2012. Events and facts were very fresh in her mind and for her age she was very controlled, alert and she was very certain of her facts. She was also in tremendous fear because of the incident and the long, leering and menacing prolonged "evil eye" stare given to her as the Intruder was forced out of her home.

I am relying on exactly what the Camden Chronicle reported as to what the State's Prosecutor Williams said about all of the testimony offered by the Defense in this matter...."IT IS GARBAGE"...

I think that is an accurate quote. From the results of the Trial and the decision of the Jury who was only in deliberation for less than a half hour....THE JURY AGREED WITH THE PROSECUTOR. As to the story that was '
"spun" and the testimony offered by the Defense Counsel was characterized as "Garbage", I would interpret the Prosecutor's comment to mean ...."Not to be believed". After all, in the Courtroom he cannot stand up an call witnesses outright "Liars". The word "Garbage" I guess passes muster and gets the point across.

Also it was interesting to note where this case almost came down
to a "he said, she said", Defense Attorney King chose not to allow his client the accused to take the stand? Perhaps King knew the Prosecutor was "loaded for Bear" if this twice convicted felon took the stand.

"He said, She said"? A 72 year old widow with an impeccable background or a Benton County "Public Official" who by all accounts and testimony had been drinking, if not intoxicated, and a person with a 25 year documented arrest and conviction record that included the SAME offense and that criminal trespass charge and trial also resulted in a burglary conviction, a Felony under the laws of that State.

The whole whole defense effort??, "Garbage" says the Prosecutor and the Jury quickly agrees.....

Guilty as charged on the one Count of Aggravated Criminal Trespass and the Jury awarded the State a $1000 fine. Sentencing on February 25th, 9am per the Chronicle Article.

Since: Mar 11

Location hidden

#13 Jan 25, 2013
BC resident too wrote:
<quoted text>
Agreed but Sal will not.
Of course Sal will not let this rest....It is not over yet. Sentencing Feb 25th and the much discussed Police 411 call and subsequent Police video the Judge would not allow the Jury to view because it would be "highly prejudicial" to the Defendant's case on the Aggravated Trespass Charge....as yet to be released under TN FOIA and made Public.

Only once all of the documentation and evidence is on the table, perhaps including documentation of perjured testimony, will this case really be over. Sunshine and Truth purify everything.
'
29or624 humm

United States

#14 Jan 25, 2013
Shelton did report to Sheriff Tony King that she got a phone call from a man claiming to be an investigator 2 days after the event.
She reported to the Sheriff that at the time of the call her caller ID showed "JD Sullivan".
Anyone is free to ask the Sheriff about that.
BC resident

Camden, TN

#15 Jan 25, 2013
Sal,can't you read? I said that you had talked to the lady after the incident. I did not say you talked to her after the trial. Since chances are you didn't know the lady why did you find it necessary to speak to her? What did you have to gain? That is what I find questionable. Were you at the trial or are you quoting what you have been told? Maybe you are so blind with your hate that you can't see why you are not believable. Wasn't justice served? Isn't that why we have a justice system? Answer one question. Why living out of state do you find you must get involved in anything to do with this county? Again, what do you have to gain?

Since: Mar 11

Location hidden

#16 Jan 25, 2013
29or624 humm wrote:
Shelton did report to Sheriff Tony King that she got a phone call from a man claiming to be an investigator 2 days after the event.
She reported to the Sheriff that at the time of the call her caller ID showed "JD Sullivan".
Anyone is free to ask the Sheriff about that.
He probably called her too....he had a right to call and investigate as did I. she said she had received many calls as word about this incident quickly spread around the community the week it happened, even more the following week when it was reported in the Camden Chronicle.

Apparently King did call her the following week and told her not to talk to anyone........probably because his Deputies were involved and the Propensity for lawsuits to be filed by THIS PARTICULAR DEFENDANT who had a history of suing the Sheriff's Department and individual Deputies when he had been arrested in the past.

All these past lawsuits were reported in the Chronicle at the time they occurred a few years ago. This was probably the reason when the vehicle was just pulled over for questioning because of the 911 call about a 'home invasion', this particular suspect at the time felt he could get off and get away with an aggressive verbal attack on the deputies simply investigating the matter.....long before any formal questioning about the incident which was only at that moment being investigated by OTHER officers.

Since: Oct 11

Location hidden

#17 Jan 25, 2013
BC resident wrote:
Sal, I just read the story in the paper. It is nothing like what you posted a while back that happened. Now who lied? Was it you or the paper?
If I recall you said the lady did not know the man's wife and in testimony she admitted she did. You said the man was in the house and there seems to be some testimony that she didn't remember if his feet were over the threshold or not. I certainly don't know what happened but if I were on trial for this I would have you and Sassy there since both of you talked to the lady right afterwards. How do we know now what the truth is?
Who told you that I have ever talked to the Lady???
I also read the Article and she said that she was sure that he had both feet inside her House! So you just LIED!
BC resident too

Trenton, TN

#18 Jan 25, 2013
Sally Truthsayer wrote:
<quoted text>
Of course Sal will not let this rest....It is not over yet. Sentencing Feb 25th and the much discussed Police 411 call and subsequent Police video the Judge would not allow the Jury to view because it would be "highly prejudicial" to the Defendant's case on the Aggravated Trespass Charge....as yet to be released under TN FOIA and made Public.
Only once all of the documentation and evidence is on the table, perhaps including documentation of perjured testimony, will this case really be over. Sunshine and Truth purify everything.
'
As usual you are an idiot that know not what you speak. Nothing was said about a video. According to King it does not exist. It was a 911 conversation, not 411. And the judge would not allow all of it to be played because it would show exactly who lied. Go back to pig farming. That is all you are good for.
too bad

United States

#19 Jan 25, 2013
sally truthsayer DID NOT TALK TO HER AFTER THE TRIAL>>>>> >>>, I KNOW THAT FOR SURE.
BC resident

Camden, TN

#20 Jan 25, 2013
Sal,you do realize you just lied again, don't you? So which is it---you talked to the lady only once 2 days after the incident or you talked to her several times finding out she had many phone calls? You admitted in another thread that you are in fact JD Sullivan.You can't even remember from one post to the next what you tell. Let's see, you own a $1000 lot out at Deerwod park and have all these Chinese investors who are going to back you with the big camping facility you are going to build for bikers and you know I passed there the other day and I still haven't seen the start of that mall you are going to build. Sure gonna be crowded on one lot. Carry on. You have a vivid imagination.

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