In the case involving theft charges related to signs taken from a Mockingbird Drive property on September 30, the 2 defendants, Crossville water resources director Jerry Kerley and William Harwell both took pre-trial diversion on the misdemeanor theft charges.
Both men will serve 6 months on probation.
According to the state of Tennessee's website, "Pretrial Diversion is governed by TCA 40-15-105 and is also referred to as a suspended prosecution. It is important to note that the individual has not pled guilty or been found guilty yet. A person may be granted Pretrial Diversion if the requirements as stated in the statute are met. A Memorandum of Understanding (MOU) is entered into by the District Attorney and the Defendant. The Defendant must meet the terms of the MOU. If the terms are not met, the prosecution is no longer suspended and the District Attorney is allowed to proceed with the case. If the Defendant chooses to, there can be a trial. When the diversion period is successfully completed, the Defendant asks the court to submit an Order of Expungement to TBI marked Suspension of Prosecution TCA 40-15-105."
Though it appeared the case would be settled through pre-trial diversion, that offer turned into a request for a hearing by the defendants and to give time for preparation, the case was moved out an additional week.
Kerely and Harwell were in court for a while this morning and returned later in the afternoon where the continuance was agreed to by the DA's office and thier attorney Jimmy Smith.
Signs at the Mockingbird Drive property before the theft
Still from neighbor's video shot of the suspects preparing to
Jerry Lee Kerley and William Frank
Harwell are both on the docket for General Session Court on Thursday
November 10.
Both men face a single count of theft
up to $500 each for the incident that occurred on September 30, 2016.
The charges stem from the report of a theft of political signs from
a house on Mockingbird Drive where a neighbor captured video of the
two men leaving the house and then followed them long enough to get a
license tag showing the truck involved was registered to Jesse
Kerley's father Jerry, the city's director of water resources.
Still from the neighbor's video of the alleged theft.
The signs were part of an ongoing feud
between councilman Kerley and J. R. Blankenship. Some of the signs
accused Councilman Jesse Kerley of lying and abuse of office.
Political signs are Mockingbird Drive location before theft.
The charges were filed by District
Attorney investigator Randal Slayton. The missing signs were
recovered at the Crossville airport according to District Attorney
General Bryant Dunaway. Airport security video showed the two men
leaving the airport just prior to the incident and then returning a
short time after and immediately driving out of camera range.
The morning of September 30 has already
lead to theft charges against two people with connections to the city
of Crossville. Crossville water resources director Jerry Kerley and
William Harwell, identified as his accomplice in the alleged theft of
political signs from a yard at Mockingbird Drive and Iris Circle both
face misdemeanor theft charges with an initial court date of October
31.
According to airport manager Chris
Bennett, William Harwell works at the Crossville Memorial Airport.
Jerry Kerley and William Harwell were
established as suspects by the district attorney general's office in
the theft of political signs criticizing Crossville city councilman
Jesse Kerley after a neighbor captured part of the incident on video
with his cell phone. The neighbor then followed the truck until he
could get a license number and the truck turned out to be registered
to Jerry Kerley, a white 2008 crew cab pickup.
Security videos from the Crossville
memorial airport show some surprising activities and it appears the
two men left from the airport just after 9 AM and drove toward
Crossville. The truck returned to the airport about 16 minutes later
and drove out on the tarmac in front of the large hanger and out of
range of the security cameras. The truck returned to the camera view
after about 4 minutes and parked beside the airport terminal building
and you can see Mr. Kerley get out of the truck and walk toward the
building. Kerley's truck remains parked next to the terminal until at
least 10 AM.
District Attorney General Bryant
Dunaway has confirmed that the stolen signs from Blankenship's yard
were recovered at the airport in what Dunaway described as a storage
building.
The security videos also show
interesting activity prior to the two men leaving the airport then
returning. At 8:48 according to the video's time stamp, two pickup
trucks drove into the airport from the direction of Crossville, the
white pickup that belong to Jerry Kerley and a gray Dodge Ram pickup
that is owned by airport manager and fixed base operator Chris
Bennett. Bennett's truck drives around the corner of the airport
terminal building then out on the tarmac while Kerley's truck parks
in front of the terminal and he goes inside.
After a little over 20 minutes, Kerley
and the same man shown in the video made by the neighbor based on the
charges filed, appears to be William Harwell wearing the same clothes
and white ball cap come out the front door of the terminal building,
get into Kerley's white truck and they leave the airport and the
truck turns toward Crossville.
Other questions that remain include that based on Jerry Kerley's time sheet for the week all this activity was done on city time. His time sheet shows 8 hours or a full day of work on September 30. Between 8:45 and at least 10 AM, Kerley is at the airport or caught on video at the Mockingbird Drive house.
Jerry Kerley's time sheet for the date in question
To date no disciplinary action of any kind has been taken against Mr. Kerley by the city manager.
Timeline of airport security video (The
time stamp is 5 minutes fast so each time stamp is five minutes off.
8:48 is actually 8:43 AM)
8:48 AM: Jerry Kerley's truck turns
into the airport from the direction of Crossville followed by the
gray Dodge truck owned by Crossville airport manager and FBO Chris
Bennett. Kerley parks in front of the terminal building and goes
inside while Bennett's truck goes toward the main hanger at the
airport.
Kerley's and Bennett's trucks arrive at the airport
Jerry Kerley and Chris Bennett arrive at the airport
8:49 AM: Kerley goes in the front door of the terminal while Chris Bennett and William Harwell come in the door from the tarmac where Bennet parked. It appears the two men rode together.
Bennett's truck drives toward tarmac
Bennett's truck enters secure area tarmac
Bennett and Harwell enter terminal a short time later
9:12 AM: Jerry Kerley and the other
suspect William Harwell come out of the front door of the terminal
and go to Kerley's truck and get in.
Kerley and Harwell get in Kerley's truck
9:13 AM: Kerley's white truck drives
down the drive way and turns toward Crossville.
Kerley's truck heads out of the airport
Not time stamped, but sometime shortly after 9 AM suspects are caught on tape preparing to leave the property at Mockingbird Drive.
9:29 AM: Kerley's truck returns to the
airport from the direction of Crossville, drives in front of the
terminal building, around the corner and through the open gate onto
the tarmac. The truck turns in front of the hanger and goes out of
camera view.
Kerley's truck returns to the airport
Kerley's truck turns at side of terminal
Kerley's truck enters secure area tarmac.
9:33 AM: The truck drives out of the
secure area of the airport and parks on the side of the terminal.
Jerry Kerley gets out of the truck and goes inside the side door of
the terminal.
Door of Kerley's truck as he gets out
Kerley walks to Terminal
10:00 AM: Kerley's truck remains parked
in the space on the side of the terminal building.
The video ends here
Eye witness video shot of Kerley's truck at Mockingbird Drive house.
Raw security videos from the Crossville airport:
Security cam in front of terminal
Close up shot of airport parking lot entrance at end of driveway.
Airport security cam at corner of terminal building.
Security camera at entrance to airport secure area
Summonses on theft charges have been issued to Jerry Kerley, father of Crossville city councilman Jesse Kerley and director of water resources for the city of Crossville along with the man who allegedly accompanied him to Mockingbird Drive where the men were caught on tape after allegedly taking political signs from the yard.
Frame capture from neighbor's video. The full video is below.
William Harwell was also charged in the incident in the affidavits signed by district attorney's investigator Randal Slayton. The charge against both men is theft of property less then $500. Both men are set for an initial appearance date in general session court on October 31, 2016.
The signs taken had Kerley's name on most of them and accused the councilman of being a "liar," "trash," and "abuse of office." The missing signs have reportedly been returned to owner Randy Blankenship.
Mockingbird Drive signs before the theft.
The facts according to the statement of Mr. Slayton are: "Jerry Kerley/William Harwell have committed the offense of theft of property by knowingly obtaining and exercising and exercising control over property of another without the owner's effective consent with intent to deprive. On 9/30/2016 Jerry Kerley intended to deprive Randy Blankenship of his property when he took signs, valued at less then $500, from Randy Blankenship at 279 Mockingbird Drive, Crossville, Cumberland County, Tennessee and exercised control over the property withing Randy Blankenship's effective consent. I therefore charge the above with theft of property under $500."
