(TN) Defendant gets sympathy, no slack


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Drizzt
June 22, 2005, 01:37 PM
Defendant gets sympathy, no slack
Taking police bullet during pursuit not enough to sway judge

By JAMIE SATTERFIELD, satterfield@knews.com
June 22, 2005


Geez, isn't getting shot punishment enough?
Defense attorney David Eldridge figured that gunshot to convicted bank robber Roy Lee Hill Jr.'s stomach ought to count for something, at least.

"This is a case that is unusual because Mr. Hill was almost killed," Eldridge argued Tuesday at a hearing in U.S. District Court. "That kind of (severe) punishment has already occurred."

The way Assistant U.S. Attorney Tracee Plowell sees it, Hill wouldn't have been shot by a Knoxville Police Department officer if he hadn't robbed a Western Avenue bank, led police on a high-speed chase and then charged at Officer Christine Piscatelli when she tried to arrest him.

"I'd be remiss if I didn't say his shooting was the result of his own activities," Plowell said.

Federal Judge Thomas Phillips noted that while he believes Hill's pain - physical and emotional - is genuine, his punishment still should fit the seriousness of his crime.

"In this instance, I do not find any reason to vary from (federal sentencing) guidelines," Phillips said in imposing a seven-year prison term.

According to a complaint filed by FBI Agent Buddy Early, Hill, 36, had just been released from a Colorado prison in May 2004 when he and co-defendant Georgianna Troupe Latham, 34, robbed the AmSouth Bank.

The pair fled, with Hill behind the wheel. The car crashed, and Hill ran. Piscatelli cornered Hill, who charged at her. She ordered him to stop but shot him when he refused, authorities have said. She was cleared of any wrongdoing in the shooting.

Eldridge said Tuesday that Latham, who is awaiting sentencing, was Hill's crack dealer. Hill, he said, owed Latham money.

"Mr. Hill has a lifelong problem with crack cocaine," Eldridge said. "He's in a strange city. His co-defendant is demanding payment for these drugs."

So, Hill robbed the bank while Latham waited in the car, he said.

Hill apologized for his crime and told Phillips that the shooting caused him to re-evaluate his life.

"I know God gave me this second chance, and he didn't give me this second chance to continue to break the law," he said.

Phillips called Hill "a very intelligent young man" in need of drug treatment.

"I do believe that Mr. Hill has received a wake-up call, and he has paid attention to that wake-up call," the judge said.

http://www.knoxnews.com/kns/local_news/article/0,1406,KNS_347_3873103,00.html

oh man, the excuses.......

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El Tejon
June 22, 2005, 02:02 PM
Wow, only 7 years in federal court!!!

Must have been Category 0-1?

dev_null
June 22, 2005, 02:10 PM
Mr. Counselor, does the term 'Proximate Cause' ring a bell? No? How about "his own damn fault?"

Mixlesplick
June 22, 2005, 02:26 PM
Geez, isn't getting shot punishment enough?

If he thinks that then I guess he wouldn't mind standing in front of a firing squad. :evil:

TallPine
June 22, 2005, 02:31 PM
Hill apologized for his crime and told Phillips that the shooting caused him to re-evaluate his life.

Well, something needed to ... :D

Henry Bowman
June 22, 2005, 03:21 PM
"I know God gave me this second chance, and he didn't give me this second chance to continue to break the law," he said. Glad to hear that. You now have 7 years to plan your new life and your release date on to implement it. Forgiveness (whether by God or man) does not mean that you don't have to face the consequences of your actions.

El Tejon
June 22, 2005, 04:47 PM
Henry, would you quit scaring me! There's enough prosecutor types around here as it is. :D

Henry Bowman
June 22, 2005, 05:01 PM
El T: Fortunately, if your client gets convicted and gets a long sentence, the worst you get is stiffed for your fee -- not having to do some percentage of his time. :cool:

Malone LaVeigh
June 22, 2005, 07:22 PM
Actually, getting himself shot was another misdeed that he should be punished for. That police officer probably didn't go out that day hoping she would shoot someone. Probably ruined her day. And it cost public funds to investigate the shooting and probably to put her on admin leave for a few days and counseling. that's not to mention the high probability that he hasn't paid a cent for his medical bills.

I think his sentence should have been enhanced.

Preacherman
June 22, 2005, 08:04 PM
I think they should have charged him for the cost of the ammunition used to stop him... :D

bigun15
June 22, 2005, 08:09 PM
Amen Preacherman

Andrew Rothman
June 22, 2005, 08:13 PM
I wonder if he told the judge in his previous felony case that he had received a wake-up call.

If so, his resolve seemingly lasted as long as, oh, ten minutes after he was released from that Colorado prison in 2004.

Any bets on whether he'll get a third strike in, say, seven years?

Standing Wolf
June 22, 2005, 09:45 PM
"Mr. Hill has a lifelong problem with crack cocaine," Eldridge said. "He's in a strange city. His co-defendant is demanding payment for these drugs."

He left out the part about being a victim of society. Don't you just hate it when assault lawyers forget important stuff?

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