Saturday night, the Cumberland County Fire and Rescue Department observed 50 years during the annual awards banquet.
Robert Eugene Presley Jr., 48, Dykes Lane, a former volunteer firefighter with the department, spent the weekend in state custody.
Presley, who also served with the Crossville Fire and Rescue and Tennessee Department of Forestry, was sentenced to 11 years in prison at 30% as a Range 1 offender by Criminal Court Judge Shawn Fry during Friday afternoon’s sentencing hearing for felony possession of meth.
The decision did not sit well with Presley who, on more than one occasion, interrupted the judge while Fry was entering evidence supporting the sentence into the record.
As he was led by corrections officers from the courtroom, Presley continued his protest of the sentence he received, claiming the judge had “disrespected” him.
On Nov. 5, Presley pleaded guilty to possession of more than .26 grams of meth for sale and/or delivery and was facing a range of eight to 12 years in prison.
The charge stemmed from an Oct. 3, 2021, arrest by former Cumberland County Sheriff’s Deputy Kobe Cox during a traffic stop of a pickup truck traveling on Hwy. 70 N. Despite that it was raining, the driver had not activated lights on the vehicle. In addition, the window tint on the vehicle appeared to be darker than allowed.
Cox reported at the time the driver — identified as Presley — had his hand behind his right hip and when told to place both hands on the steering wheel, became “extremely agitated and confrontational” over the traffic stop.
The resulting search for weapons produced a set of brass knuckles and a substance believed to be heroin. Search of the vehicle yielded 30 grams of meth, pills, $1,920 in cash and three working cellphones.
Tennessee Department of Corrections/Board of Pardon and Parole Officer Andrew Essex testified during Friday’s hearing about the presentence report and Strong R risks and needs report he prepared.
Testimony included drug and weapon convictions in Forsyth County, GA., in 2020, a misdemeanor charge in Bledsoe County and charges in Cumberland County. Included in the charges were an attachment for failure to appear and probation violations.
The report alludes to a foot injury while employed with the fire department and later diagnosis of post-traumatic stress disorder. However, the report also states Presley never participated in any mental health treatment related to PTSD.
The report states Presley receives $1,600 monthly in disability.
Assistant District Attorney Allison Null presented the state’s case and called CCSO Deputy Ron Fields to testify about an incident that occurred on May 19 while he was observing traffic in a construction zone near Homestead Elementary.
Fields testified he stopped Presley for speeding and, with knowledge of him being on probation in Georgia, conducted a probation search of the vehicle. Inside the vehicle’s console, Fields said he found meth. Presley was taken to the Justice Center for booking, and Fields testified he found additional contraband in his patrol car where Presley had sat.
Defense attorney Howard Upchurch — who, along with Crossville attorney Joe Wyatt, represented Presley at the hearing — asked if Fields if he was looking for Presley when he stopped him, as opposed to stopping him for driving 46 mph in a 40 mph zone.
Fields responded there had been complaints about Presley’s driving and that both were true.
Deputy Caleb Charles also testified as to serving a probation violation warrant from Forsyth County, GA, on Oct. 12 at which time a large quantity of what deputies believed to be fentanyl, meth, “magic mushrooms” and marijuana were found at Presley’s residence. Labs on those seizures have not been completed to verify the substances.
In arguing for an minimum eight-year sentence, Wyatt argued that as a result of Presley’s injury while in public service, “at some point things went awry … he is not a bad man. He understands he did wrong, and we are asking you please to have mercy on him.”
In a statement of elocution, Presley addressed the court. “There is not a whole lot I can say … I have been in incarceration four months … I was a good firefighter, was proud of it. I am not so proud of myself now.”
He added his experience has been devastating with loss of his job.
“I should have sought help but I didn’t recognize it,” he concluded.
Null countered that the state was seeking the maximum sentence, citing the enhancements of prior criminal history, failure to comply previously with terms and conditions of probation and continued criminal allegations.
In announcing his ruling, Fry cited two confrontations with law enforcement, continued criminal activity, firearms and weapons being involved in arrests.
“Mr. Presley served a year in jail, and that would have taught him a lesson, but it doesn’t. It didn’t teach any lesson at all … there was a time you were a good outstanding citizen. The last five years, you have not,” Fry told the defendant.
He added PTSD “cannot be an excuse for sell drivings, or having them.”
Fry then ordered 11 years to serve at 30% as a Range 1 offender.