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State v. Hancock9/21/2000
The defendant, Billy Hancock, pled guilty in Shelby County Criminal Court to vehicular homicide, vehicular assault, aggravated child endangerment, three (3) counts of child endangerment, and reckless driving. The trial court sentenced the defendant to serve twelve (12) years for vehicular homicide, four (4) years for vehicular assault, four (4) years for aggravated child endangerment, nine (9) months for each of the three (3) counts of child endangerment, and six (6) months for reckless driving. The court ordered that the sentences for vehicular homicide, vehicular assault, and each of the three counts of child endangerment were to be served consecutively to each other, and that the sentences for reckless driving and aggravated child endangerment were to be served concurrently with the sentence for vehicular homicide. The total effective sentence was eighteen (18) years and three (3) months. On appeal, this court affirms the imposition of consecutive sentences because the trial court properly found that the defendant was a dangerous offender and had an extensive criminal history.
Tenn. R. App. P. 3, Appeal as of Right; Judgment of the Criminal Court of Shelby is Affirmed
Smith, J., delivered the opinion of the court, in which Witt, J., and Wedemeyer, J., joined.
OPINION
Factual Background
On October 18, 1997, the defendant was taking two of his children and three other children for a ride in a pick-up truck. All five children were inside the cab with the defendant. Inexplicably, the defendant began driving very fast, and failed to slow down as he approached a traffic light. Although the traffic light was red, the defendant attempted to speed through the intersection. As he did so, he struck a van that was crossing the intersection in front of him. Octavious Williams, one of the children in the defendant's truck, died as a result of the accident, and everyone else involved was injured.
A Shelby County Grand Jury indicted the defendant for two (2) counts of vehicular homicide, one (1) count of vehicular assault, (1) one count of aggravated child endangerment, three (3) counts of child endangerment, one (1) count of driving while under the influence of drugs, and one (1) count of reckless driving. Without a plea agreement, the defendant pled guilty to one (1) count of vehicular homicide, one (1) count of vehicular assault, one (1) count of aggravated child endangerment, three (3) counts of child endangerment, and one (1) count of reckless driving.
At a sentencing hearing, the state called Tameka Richardson to testify. Ms. Richardson was the mother of three of the children, including Octavious Williams, who were riding with the defendant when he wrecked. The defendant was the father of the other two children, but was not Octavious's father. Ms. Richardson left her three children with her mother on October 18, 1997. The next time she saw them was after the wreck when she was summoned to the hospital to identify Octavious's body. Her other two children, Tervellious Richardson and Billy Richardson, were also injured. While Tervellious only had scratches and bruises as a result of the accident, Billy suffered a broken leg and required fifty-six (56) stitches for cuts to his head. Additionally, both children had to undergo counseling as a result of the trauma. Ms. Richardson testified that the defendant had expressed remorse for the accident.
Tiffany Ballard, Ms. Richardson's sister, was the mother of the other two children riding in the defendant's truck at the time of the collision. She also left her children with her mother on October 18, 1997. Like her sister, the next time Ms. Ballard saw her children was after t
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