The Crossville man convicted by a jury of possessing 342 grams of meth in February was sentenced last Wednesday to 22 years in prison at 30%.
The sentence is not what appears. Fitzjarrell, 55, Cardinal Loop, with a 30% sentence to serve with credit for time already incarcerated and Tennessee Department of Corrections incentives of good behavior credits, has most already served more than half of that sentence.
During the hearing, Assistant District Attorneys Philip Hatch and Allison Null sought a maximum 25-year sentence while defense attorney Jeff Vires requested the court set a 15-year sentence.
During the Feb. 24 trial, testimony came from Cumberland County Sheriff’s Deputy K-9 Officer Blake Richardson that he stopped a Nissan Rogue for driving erratically on I-40 at the Plateau Road exit. Deputy Tyler Leary joined the stop and during the interaction, drugs were found in the vehicle.
After 342 grams of meth were found in a chip bag and other evidence seized, Fitzjarrell and passenger Timothy Alan Cope were taken into custody and charged.
Fitzjarrell was charged with possession of more than 300 grams of meth, criminal impersonation and driving while in possession of meth.
Cope was charged with possession of 300 grams of meth or more and possession of Hydromorphone.
On March 10, Cope, 39, opted to enter an information plea to possession of 300 grams of meth and accepted a 10-year prison sentence.
The jury in Fitzjarrell’s case found him guilty of possession of 300 grams of meth and criminal impersonation and assessed fines totaling $50,500. Judge Gary McKenzie set a sentencing hearing for last Wednesday.
During that hearing, Tennessee Department of Corrections/Board of Pardon and Parole Officer Charles Stiriz testified he performed the resentence report and found on Fitzjarrell’s record five prior felonies and two misdemeanor convictions, plus a couple of probation violations, in California.
The charges spanned 1990 to 2017 and ranged from assault with a deadly weapon, burglary, false impersonation and possession of a controlled substance while armed.
No record was found in Cumberland County where Fitzjarrell had relocated.
In addition, an outstanding warrant still exists in California but the charge is of a nature authorities there will not extradite Fitzjarrell.
In seeking the minimum sentence, defense attorney Vires argued there are no bodily injuries relating to the conviction, most of the offenses on Fitzjarell’s record are minimum and it was the first conviction for his client since moving to Tennessee.
Null argued for the maximum sentence, citing the past criminal history including assault with a weapon, the probation violations and general criminal behavior history.
McKenzie cited the probation violations and criminal history as enhancement factors in arriving at the 22-year sentence.
Motion for a new trial is set for June 2.
In other cases on the docket, the following took place:
Trial set
•Austin Lee Woodward, aggravated assault and domestic assault, motion hearing set for Sept. 1; trial set for Sept. 30.
•Michael Ralph Daignault, second-degree murder and possession of less than one-half gram of fentanyl, motion hearing set for Aug. 4; trial set for Sept. 22-24.
Deadline
•Lisa Marie Bowman, driving under the influence, converted to fifth offense DUI and driving on a revoked license, continued to Aug. 4.
•James Daniel Don Cumby, arson, continued to July 7.
•Robert Duane Deck, two counts of possession of meth with intent and possession of less than one-half gram of meth with intent, motion by Wriley Anderson to withdraw from the case and continued to July 7 at which time Deck is to return to court with a new attorney.
•John Eric Dishman, home improvement fraud of $2,500 to $10,000, continued to June 2.
•Perry Nathan Howard, reckless endangerment/weapon, reckless endangerment/fire into building and vandalism of $2,500 to $10,000, continued to July 7.
•Vernon Keith Hughes, arson and insurance fraud of $2,500 to $10,000, continued to July 7.
•Patrick James Kincses, possession of .5 grams of fentanyl or more, possession of 26 grams of meth or more with intent, simple possession and possession of drug paraphernalia, continued to Oct. 6.
•Chase Wayne Mackey, vehicle homicide by recklessness and alternate theory of vehicular homicide by intoxication, continued to July 7.
•David Michael Murrow, engaging minor in sexual/simulated sexual acts, statutory rape by an authority figure, sexual battery by an authority figure, incest, sexual exploitation of a minor and continuous sexual abuse of a child, continued to July 7.
•Mitchell Hunter Oakes, possession of a weapon by a felon, altering identification numbers, violation of an order of protection/possession of firearm, aggravated assault, simple possession of meth and possession of drug paraphernalia, continued to May 12.
•Paul Anthony Palumbo, aggravated assault, domestic assault and interfering with emergency calls, continued to June 2.
•Danny Ellison Phillips Jr., possession of a weapon by a felon, continued to June 2.
•Joel Gregory Rice, possession of meth with intent, possession of a Schedule I drug with intent, aggravated assault, felony reckless endangement/vehicle, felony evading arrest/vehicle, evading arrest, resisting a stop, arrest or search, simple possession and reckless driving, continued to July 7.
•Becca Jo Sparks, attempted first-degree murder and violation of an order of protection, continued to July 7.
•Robert Scott Witten Jr., burglary, fraudulent use of a credit/debit card of up to $1,000, possession of a weapon by a felon and theft of property of up to $1,000, continued to June 2.
With attorney
•Jerry Ernest Crandell, possession of .5 grams of meth or more, possession of a firearm during commission of a dangerous felony and theft of property of up to $1,000, continued to June 2.
•Celine Beth Gobert, possession of .5 grams of fentanyl or more and possession of meth with intent, continued to June 2 at which time Gobert is to return to court with an attorney.
•William J. Osborne IV, driving under the influence and failure to exercise due care, continued to July 7.
•Jerry Wayne Preston, possession of .5 grams of fentanyl or more and possession of meth with intent, continued to July 7.
•Gregory Lamont Walker, possession of a weapon by a felon, Public Defender’s Office appointed to represent Walker and continued to July 7.
Motion/petition
•Damian Paul Castillo, bond motion continued to May 19.
•Larry Norman Flake II, continuous sexual abuse of a child, aggravated sexual battery and sexual exploitation of a minor/100 images, motion hearing continued to July 7.
•Warren John Nostrum, two counts of first-degree murder post conviction relief petitions, continued to July 7.
•Joshua Alan Whalen, sexual battery by an authority figure, statutory rape by an authority figure, attempted statutory rape by an authority figure and tattooing a minor under the age of 18, removed from the June 2 trial docket and continued to motions to Sept. 1.
Probation
•James Daniel Cumby, probation violation hearing continued to July 7.
•Derrick Kane Foster, probation violations hearing set for June 2.
•Christopher Eric Howard, probation violation hearing continued to July 7.
•Johnny Lee Johnson Jr., Public Defender’s Office appointed to represent Johnson and continued to Oct. 6.
•Randy Scott Stinnett, probation violation warrant dismissed.
•Shelly Marie Shull, probation violations hearing continued to June 23.