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The Court of Criminal Appeals has upheld a judge’s decision to sentence Bryan K. Howard to eight years in prison.
Howard pleaded guilty to vehicular homicide in the death of Bradley K. Lively. He had a blood alcohol level of .10 when he killed Lively in a July 2007 car crash.
Roane County Criminal Court Judge E. Eugene Eblen denied all forms of alternative sentencing when he sentenced
Howard in March of last year.
In his appeal, Howard argued that Eblen erred in denying all forms of alternative sentencing.
The appeals court disagreed.
“We conclude that the record supports the trial court’s decision to deny all forms of alternative sentencing when the sentence of confinement was ‘no greater than that deserved for the offense committed,’” the court wrote, “and was ‘the least severe measure necessary to achieve the purposes for which the sentence was imposed.’”
Howard argued that Eblen failed to take into consideration that the state lost a videotape of the crash site. District Attorney General Russell Johnson said the video was lost by a state trooper, not his office.
Nevertheless, the appeals court deemed the matter insignificant.
“While the loss of the videotape is marginally relevant to the circumstances of the offense, the defendant has not shown how the loss of this videotape would have lessened his culpability,” the court wrote.
“Indeed, the defendant admitted that he was driving while impaired, that he was driving in excess of the speed limit, and that he lost control of his vehicle before striking the victim.”
Howard is no stranger to the criminal court system.
He was in jail on Friday on several charges, which included violation of probation and resisting arrest.
The opinion by the Court of Criminal Appeals also said he has previous convictions for possession of drugs and criminal impersonation.
His criminal history was a factor in the court’s decision.
A house fire in Rockwood was the result of arson, according to a police report.
Rockwood officer Randy Kirby said he was dispatched to 706 N. Wilder Ave. on April 13.
“The fire department asked me to get the investigator to come to the scene,” his report said. “It was an arson fire.”
The report said the fire started at the rear corner of the house.
“It appeared that a flammable liquid was poured on the house and lit,” the report said. “A gas jug was laying on the ground next to where the fire started.”
Rockwood residents Pat and Willie Brown reported several guns missing from their home last week.
They made a report with Rockwood police on April 11.
“They believe the items were taken within the past two weeks,” the police report said. “There were no signs of forced entry.”
A Colt .45 “single-action revolver with bone handles” valued at $1,500 was one of the weapons reported missing.
Others included a Smith and Wesson pump action shotgun, .38 revolver, 9mm semi-automatic pistol and a rifle.
The Browns also reported they were missing a laptop computer valued at $1,100.
An intoxicated Crossville man tried to flee from authorities with his 7-year-old son in the vehicle, according to Kingston police.
Timothy B. Reed is facing several charges, including driving under the influence, possession of a handgun while intoxicated, reckless endangerment and child endangerment.
The incident happened on April 10. Reed was observed on Interstate 40 “traveling west and then flipped around and started heading back east,” the report said.
He pulled over after being boxed in by police, according to the report.
“The said driver was pulled from the vehicle,” the report said. “The said driver was found to have a strong smell of an intoxicant on or about his person.”
Reed was traveling with his son and an adult female.
Police said they recovered a black 9 mm from the vehicle.
Reed was also charged with evading arrest and drug possession.