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Wednesday, July 5, 2006

Former deputy sentenced to 12 years

By David Fisher
david@dresdenenterprise.com

    

Judge William Acree, who serves as Circuit Court Judge for the 27th Judicial District, sentenced former Weakley County Sheriff’s Deputy Claudell Carpenter to six years in prison for voluntary manslaughter and 12 years for especially aggravated burglary in connection with the June 16, 2004 shooting death of Joe Martin of Sharon, during Thursday morning’s sentencing hearing in Weakley County Circuit Court. Since Judge Acree ordered that the sentences would run concurrently, this means that Carpenter will have a maximum sentence of 12 years, minus the time he has already spent in jail since his arrest and during his trial.

Judge Acree gave his ruling after hearing legal arguments concerning the case as presented by Attorney General Tommy Thomas and Public Defender Joe Atnip, as well taking into account statements given on the stand by Carpenter and Karen Martin, wife of the victim, Joe Martin. 

During the court proceedings, the facts of the case were recounted, including the fact that Martin was shot by Carpenter on June 16, 2004, after the Sheriff’s deputy found Martin the bedroom with his estranged wife, Renee Carpenter. It was also stated that Carpenter, who was originally found guilty of second-degree murder at the conclusion of a jury trial on Nov. 2, 2005, had his sentence reduced to voluntary manslaughter at an appeals hearing on May 25, 2006. The charge of felony murder and aggravated assault were dismissed and the end result was that Carpenter was charged with voluntary manslaughter and aggravated burglary.

The testimony given during the hearing was very emotionally charged.

Attorney General Thomas called Joe Martin’s widow, Karen Martin, to the stand to give an impact statement regarding the affect the death of her husband has had on her and her children.

During questioning by the prosecution, Martin stated that she has lived in Weakley County all of her life, and had married Joe Martin in 1999. She said that they had three children together – one, who is now 14 years old, and two 10-year-old twins.

“Describe your relationship to your husband prior to the killing, please?” asked Thomas.

“We had problems,” Martin said. “He wasn’t staying at home all of the time. We talked on the phone everyday. He did stay home, but not every night. Some nights he didn’t come home.”

However, she noted that she and her husband ate lunch together everyday at her place of work in Milan. She explained that he got off work for lunch 10 minutes earlier than she did and would pick up something to eat and drop by so they could be together during their lunch break. 

“What was the relationship between Mr. Martin and your sons?” Thomas asked.

“They did everything together,” she replied. “He interacted with them on anything they were involved in. He loved his boys. He coached Little League. At the time, his oldest son was playing Little League. He coached T-Ball when his twins were playing. And, he coached Pee-Wee football and basketball.”

“Would you please tell the court how the loss of your husband has affected you and your sons?” Thomas asked.

At this time, Mrs. Martin read a prepared statement before the court. An excerpt of her comments states:

“My life has changed completely. The man I loved for 16 year, and the father of my children, is gone forever.

“I have to be a mother and father to my boys. And I can’t fill those shoes. But my love for my boys is unconditional . . . I have to try to find the right thing to say and to be the one to take their anger out on. I don’t have a whole lot of help from family members in raising the boys. 

“It was the hardest thing I’ve ever had to do - to bury my husband, and to know that my children no longer have their father.”

 

She also stated that her children have a hard time in school, having to hear their classmates repeat what their parents have to say about the death of her husband.

“At the age of 12 and eight, my boys lost their father forever,” Martin said. “They don’t have a choice whether or not to see him, go visit, write a letter or receive his phone calls. All they have are memories and a pile of dirt that has settled and covered with grass.

“My oldest son won’t play football anymore, because his daddy loved that sport. When his class was graduating, he cried when he looked into the crowd and Joe wasn’t there.

“The twins were always with their daddy, working on things, pitching, playing in the snow, wrestling in the front room, camping and many other things.

“As of June 15, 2004, all that was taken from them. Now they have to depend on their uncle to take them fishing.

“My oldest son had to grow up quick and become a young man, because he’s the only person his younger brothers have to look up to.

“As far as myself, my heart breaks everyday. When I’m lying in bed, sometimes I cry myself to sleep.

She stated that she doesn’t go to church anymore, because it reminds her of the day she got married, or her husband’s funeral.

“I don’t care about holidays anymore.

“When something good or bad happens, I don’t have anyone to share it with.

“I feel like it’s me against the world.

She stated that time has not healed her pain and there are no words to describe her true feelings.

She concluded reading her written statement saying, “With the Lord above watching over us, and continuing to bless us daily, we will find peace in our hearts.”

With the end of her testimony and no follow-up questions of Mrs. Martin from the defense, Attorney General Thomas said to the judge, “That’s the state’s proof your honor.”

At this point in the proceedings, Atnip asked the defendant, Claudell Carpenter, to take the stand.

Carpenter began by saying, “Your honor, I would like to apologize to Mrs. Karen Martin, her boys, the Martins, and their family members.”

At this point in his statement, Carpenter broke down emotionally. After regaining his composer, he continued, “I have caused much pain, and I beg your forgiveness. I know that it will be a long time before you even think about forgiving me; but one day, maybe you’ll be able to.

“Your honor, I am more than willing to make restitution to Mrs. Karen Martin to make sure she and her boys are provided for. I am not trying to fight the lawsuit that is against me. If I am ever released from jail, I’ll have part of my paycheck taken out every week for most of my life – maybe for the rest of my life. That’s the way I want it. If I ever get out, I know I’ll get a job and I’ll work to make restitution to her. I know I’ll never be able to make it right though. I know that. I know that money won’t make it right. But, I will try my hardest.

“When I look out over the courtroom today, I’m saddened by the many familiar faces I see. Our families have known each other for many years. I’m ashamed that I hurt so many that I’ve known for so long. I pray that my actions have not made our families adversaries.”

Again, Carpenter breaks down and must take a moment before continuing saying, “Those who know me well know that I am not evil. They know that couldn’t be farther from the truth. If one word could be used to describe me that word would be flawed.

“I haven’t spoken one word to anyone in the Martin family before now. I am not accustomed to being disliked by anyone. I wish time and time again, I could take it all back. My family raised me in the church and taught us not to fight because it’s not the answer. Joe Martin and I were not worst enemies.

“At some point in my life, I decided to pursue a career in law enforcement. Upon completing a six-year tour in the Army, I always felt that African American’s reputations were not as good as they should be. I wanted to set a new standard. Since this incident occurred, I not only brought dishonor to myself, and my family, but to African Americans as well. I highly valued having a good reputation, and bringing positive feelings toward all African Americans, especially police officers. Everyone I encountered on the job, I treated them as if they were from my own family. I never took things personally. I have often felt that whites didn’t accept me because I was black. Some blacks felt that because I talked like a white person, and because I had white friends, and because I was a policeman, I had sold out. … The only true and lasting friend I’ve had since grade school was Billy Smith. ‘Thank you for being such a good friend all of these years.’

“I do believe in law. I do believe in the rules of society. Trust me when I say this, there is no chance of me ever committing such a crime ever again, or being a menace to society.

“Being on the wrong side of the law, I don’t like it. I hope to pursue a career in broadcast journalism or business. These are my goals. I know it will be tough getting a good job with a felony record. But I will do an honest job to earn a living. Maybe I’ll become a truck driver for awhile until I can train for something else.”

Carpenter stated that, once released, he would support his two girls and help support Karen Martin’s three boys. “I’ll do that for the rest of my life.

“I enjoy helping people and being around people. It’s a part of me I can’t deny.

“I know I’ll never be allowed to be in law enforcement again. I hate that more than anyone will ever know. I know that’s part of my punishment and I accept it. I let my friends down. I let my buddies at the Sheriff’s Department down. I let Mark Black down. I let Sheriff Wilson down. And I want to say General Thomas, I’m sorry. I let you down, and I’m sorry.

“And I let Greenfield down. I always wanted to make something of myself, so Greenfield would be proud of me. I’m proud of my hometown of Greenfield. When I left home to join the military . . . I felt I was an ambassador from Greenfield and conducted myself in a manner to let anyone who encountered me to know that Greenfield was full of good people.

“If I ever get out of jail, I would never do anything to embarrass my family, my friends, or my hometown.

“Thank you your honor,” Carpenter said.

 With the conclusion of this statement, the defendant returned to his seat and the court proceedings continued.

Attorney General Thomas argued, “Your honor, the defendant’s testimony at trial was not credible. How was the defendant provoked?

“Mr. Carpenter’s marriage, unfortunately, was like too many in our community . . . he was unfaithful to his wife; and his wife was unfaithful to him. But, I submit that their situation was no worse than hundreds in our county today. I think there are hundreds who are going through divorce proceedings in our county at the present time with as much provocation and as much reason to kill a lover or unfaithful spouse that the defendant had.”

Thomas stated that the defendant armed himself late at night and went to his wife’s apartment, where he used the radio to confirm that the victim was in his wife’s apartment. “He then broke down the door, went into the bedroom … pulled his service weapon, and shot the victim 15 times – several in the back, as the victim turned to avoid the gunfire.”

Thomas stated that in committing this horrible crime, he not only cost his children their father, and Mrs. Martin of her husband, but also sentenced Joe Martin’s two sons to lives without their father. “They’ll have to grow up without Joe Martin’s love, without his support, without his influence. They will never have another Christmas, another birthday, another holiday, another graduation. All of this, because the defendant was jealous and possessive, and took the law into his own hands, when on June 15, 2004, he became judge, jury and executioner.

General Thomas ended his argument by saying, “Your honor, justice in this case cries out. Please listen to it, and give the defendant the maximum sentence under the law.”

 

(Read the rest of the story in the July 5th print edition of the Dresden Enterprise!)

 

Motions filed in Allegheny civil lawsuit

By David Fisher
david@dresdenenterprise.com

  

Attorneys involved in a civil lawsuit filed against Allegheny Energy Supply Generating Facility, LLC, located on Jane’s Mill Road near Gleason by several Gleason residents appeared before Circuit Court Judge Bill Acree Thursday morning to file motions in the case.

In the first motion presented to Judge Acree, Dresden Attorney Bill Neese, who represents Allegheny, requested that Judge Acree dismiss a lawsuit filed by David Godwin of Gleason on the basis that the suit was filed “outside the three-year statute of limitations for causes of action for injuries to personal property and real property as codified in Section 28-3-105, Tennessee Code Annotated.” The motion further argues “The complaint was filed outside the one-year statute of limitations applicable to causes of action for injuries to the person.” In conclusion, the motion reads: “The complaint fails to state a claim upon which relief can be granted in that all claims and causes of action asserted in the complaint are barred by the applicable statutes of limitations.” The written motion to dismiss the Godwin case was filed April 26, 2006.

In this lawsuit, which was filed March 10, 2006, Godwin alleges that vibrations emanating from Allegheny’s power plant damaged property and caused him fear and distress. It notes that vibrations from the plant were continuous until the plant shut down in the fall of 2002, except during times when the plant was testing.


(Read the rest of the story in the July 5th print edition of the Dresden Enterprise!)

 

Dresden police officer resigns following disciplinary action

 

By David Fisher
david@dresdenenterprise.com

 

A Dresden police officer resigned Thursday, June 22, after receiving a letter of disciplinary action on that same date terminating his employment with the City of Dresden.

Dresden Police Investigator Clay Anderson says in his letter of resignation:

“I would like to resign my position with the Dresden Police Department so that I can explore other job opportunities.

“I have enjoyed working with you and the other officers of the Dresden Police Department. They are some very fine officers and I wish each of them only the finest.

“I would also like to thank you and let you know that I consider you my friend.

“I wish you the best.”

An excerpt of the notice of disciplinary action from Dresden Mayor Danny Forrester and Dresden Police Chief Jerry Wilson states:

“The City of Dresden is in receipt of a letter dated June 13, 2006, from the United States Attorney’s office in Memphis, Tennessee, in which it was reported to Chief of Police Jerry Wilson that you had failed to turn over recorded statements to the United States Attorney’s office that were taken in connection with the investigation of a drug case in which the Drug Enforcement Administration (DEA) was actively involved or in which federal prosecution of the suspect was being pursued.

“Following an investigation of the letter, your statement on June 21, 2006, and additional investigation of the substance of your statement, this letter is to inform you that you are hereby terminated from employment with the City of Dresden Police Department effective immediately.”

Details of the case in question have not been released to the media. The letter only notes that procedures were not followed properly.

(Read the rest of this story, plus many more in this week's edition of the Dresden Enterprise!)

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