Dustin L. Dixon, 28, facing numerous charges in connection to the incident that resulted in the death of Crossville Police dog K-9 Cain was back in General Sessions court before Judge Larry Warner on Monday August 7.
Charges Dixon faces includes the intentional killing of a domestic animal, felony aggravated assault, reckless endangerment, evading arrest, felony theft of property and driving under the influence.
Dixon remains held in Cumberland County Justice Center under $246,000 bond and the bond remains at that amount following a request from the District Attorney's office. Warner appointed Dixon to be defended by the public defender and set his next court date for September 7, 2017.
While the principals in the case waited all morning, the hearing finally got underway at 1:30 PM in the afternoon. District attorney Philip Hatch prosecuted the case for the state and Kevin Bryant was the attorney defending Jesse Kerley.
Councilman Pete Souza testified he was assaulted by councilman Kerley
Assault charges against Councilman Kerley dismissed after hearing.
The entire hearing lasted just under 30 minutes and at the end of the hearing, Cumberland County General Sessions Judge Larry Warner ruled that the case fell somewhere between probable case and beyond a reasonable doubt but according to Judge Warner did not rise above the level of beyond a reasonable doubt and he ruled in favor of Attorney Kevin Bryant's motion to dismiss the charges against his client Kerley.
The two lawyers stipulated to the city hall surveillance video and the first testimony was given by Crossville city councilman Pete Souza who was the alleged victim of the assault by Mr. Kerley. Souza described the incident under questioning of DA Hatch saying that he had come down the stairs into the lobby of city hall and described councilman Jesse Kerley as being in an "aggressive, animated and angry mode."
Souza said that he came down the stairs from the meeting and Kerley was at the bottom of the stairs "pretty stimulated and excited" and wanted Souza to accompany Kerley out side to talk. Souza said as he started through the door Kerley father came right up behind him blocking Souza. According to Souza Kerley's father said something to him and he turned his head and did not see Jesse coming at him and he was struck in the chest very hard by Jesse Kerley.
Souza said he went into a defensive mode and was asked if he was scared by DA Hatch. Souza answered, "What I saw sir was the same thing I saw many years ago in the line of duty when someone wanted to kill me. I was afraid."
Souza said he then went back up to the meeting room to report the incident to interim police chief Rod Shoap. After reporting the incident to Shoap Souza left city hall.
Bryant on cross examination asked Souza about the fact that the police did not take out a warrant shortly after the incident. The summons for Mr. Kerley was not issued until early August about 2 months after the incident. Souza testified that police chief Shoap took the information to the district attorney's office before the summons was issued.
The second witness called was Howard Burnette who had left the meeting just before Mr. Souza and he testified he had concerns for his own safety after seeing the two Kerley's in the lobby of city hall. Burnette said that he was concerned for his safety and instead of going out the door turned toward the water fountain. Burnette said that he waited until another man came down the stairs and then he felt it was safe for him to go to his car.
Burnette got to his car, got in and prepared to leave the parking lot when he looked up and saw the incident. His car was parked facing the door at which Mr. Souza and Mr. Kerley came together. According to Burnette, he saw Kerley go toward Souza and Souza was struck. Burnette said he could not see how Kerley struck Souza but he could see Souza's reaction to being struck. Burnette testified he then got out of the car and moved quickly back toward the two men expecting to break up a fight but Mr. Souza turned to go back in the building and Burnette followed.
On cross, Mr. Bryant questioned Mr. Burnette's fear at first then later his movement toward Mr. Kerley and Mr. Souza rather then calling 911.
The next action was for the judge to review the surveillance video from city hall and following that Mr. Bryant made a motion to dismiss saying that the case was based mostly on the video that he described as "clear as mud." Bryant said there was not proof beyond a reasonable doubt in the case.
DA Hatch argued that the court had heard testimony from the victim as well as a witness and added that the evidence was strong enough for the case to move forward.
Judge Warner said that the case fell squarely between probable cause and beyond a reasonable doubt. He said that the evidence need to be beyond a reasonable doubt and he granted Mr. Bryants motion and dismissed the charges against Mr. Kerley.
UPDATE: The case has been continued by agreement until October 6 according to the court clerk's office. This often happens on a first appearance as lawyers need additional time to put their cases together. We will keep you informed.
It will be a busy Thursday for at least
two members of the Crossville city council with a court date in the
morning and the September council meeting in the evening.
The first court appearance in the case
of assault charges filed against councilman Jesse Kerley is set for
8:30 AM in General Session court before Judge Larry Warner. The
charge stems from an incident June 2, 2016 immediately following a
council work session.
Kerley booking photo
The summons affidavit signed by
councilman Pete Souza, the alleged victim of the assault states, “Mr.
Souza was attending a meeting at city hall. After the meeting Mr.
Kerley confronted Mr. Souza. During that time, Mr. Souza got hit in
the shoulder and the chest. Mr. Kerley did intentionally or
knowingly cause Mr. Souza to reasonably fear imminent bodily injury.
Said offense occurred in Cumberland Co. Tennessee.”
Affidavit from Kerley summons
A video that shows the incident was
released from a city hall security camera the day following the
incident after copies were acquired by Mr. Kerley and interim city
manager Steve Hill. The video shows that Mr. Kerley and his father, city water resources manager Jerry Kerley appeared to wait for Mr. Souza after the meeting and sandwiched him between the doorway on his way out.
The incident was described in an incident report filed by then police chief Rod Shoap:
"Jerry Kerley stated to me that as he exited the building, words were spoken between him and Councilman Souza. Councilman Kerley stated that Councilman Souza turned to Jerry Kerley and began raising his voice. At that point Councilman Kerley approached Councilman Souza and the altercation occurred.
Councilman Souza said that he was leaving the building, going through the door as Jerry Kerley said something to him. Councilman Souza turned to hear Jerry Kerley mention the painting of signs at which point he was trying to make a point about the signs when Councilman Kerley interrupted and the altercation took place."
Slow motion video of the incident at the door of city hall involving
councilmen Kerley and Souza.
Kerley is reportedly represented by
Crossville attorney Kevin Bryant and according to Mr. Souza the
district attorney's office is prosecuting the case. The charge is a
class A misdemeanor with a maximum penalty of 11 months and 29 days
in jail and/or a fine of $2500.
There could be a hearing on the case
that day, a decision, a plea agreement or the matter could be continued out to a
future date.
