A man convicted of breaking into Center Hill Wine and Spirits and taking two bottles of vodka last year appeared for sentencing in DeKalb County Criminal Court on Monday, December 12.
Judge David Patterson presided.
51 year old Amail John Land received a 12 year sentence as a career offender and must serve at least 60% of the term before parole eligibility.
Land stood trial and was found guilty in DeKalb County Criminal Court Tuesday, September 6.
After deliberating for less than an hour a jury of ten men and two women convicted Land of burglary, vandalism, and theft and imposed a total fine of $3,250.
Following the verdict, Judge Patterson scheduled a sentencing hearing of December 12 for Land and revoked his bond. He has been incarcerated at the DeKalb County jail since the trial.
According to Stephanie Johnson, Assistant District Attorney General, Land has eleven prior felony convictions, including ten for burglary and that is the reason why the state sought the maximum sentence for Land as a career offender.
“The proof the jury heard on September 6, 2016 was that on September 25, 2015 the defendant (Land) threw a rock through the door of Center Hill Wine and Spirits on South Congress Boulevard at around 5:00 a.m. The victim (owner) received notification from his alarm company that morning that his business had been broken into. He immediately responded as did law enforcement. They viewed some surveillance footage from a store security camera. Law enforcement officers recognized the defendant (Land) as being depicted on that footage and attempted to make contact with him. Later that afternoon the defendant (Land) came back in the store and the owner immediately recognized him from the security footage and notified law enforcement that he was back in the store. Law enforcement conducted an interview and the defendant (Land) made the admission to breaking the door and taking two bottles of vodka from the business,” said Assistant D.A. Johnson.
However in her closing remarks to the jury on September 6, Assistant Public Defender Allison West took issue with the police investigation in this case, saying the detectives failed to preserve evidence and produce recordings of interviews with the defendant and that they had not presented sufficient proof to convict Land.
The case was investigated by the Smithville Police Department.
In other cases, 23 year old Jasmin Renae Rowland entered a plea by criminal information to attempted possession of 0.5 grams or more of methamphetamine for resale. She is facing a six year sentence to serve 180 days but she has applied for judicial diversion probation. Rowland has been fined $2,000. She was given jail credit from August 26 to December 12.
On Friday August 26, Smithville Police were called to a residence to investigate a possible physical domestic. Upon arrival, they spoke with 30 year old Michael George Rowland and Jasmin Rowland and asked Michael to step outside. During a safety pat down, an unloaded 38 Smith & Wesson hand gun was found on Michael and he removed four live rounds and one spent round from his pocket and turned them over to the officer.
After receiving consent from Jasmin to search, other officers inside the home noticed a small box wrapped in duct tape lying on the kitchen floor. They pulled back the tape and discovered it was a Marlboro cigarette box. Inside the box was a plastic bag containing approximately 1.6 ounces of a crystal like substance that tested positive for Methamphetamine. Also on the living room floor were two more handguns.
The Rowlands were each charged with Possession of a Schedule II drug with intent to sell. Michael Rowland was also charged with Felony Possession of a Firearm. He is a convicted felon out of Ohio. His case remains pending in court.
46 year old Ricky Evans entered a plea by information to theft over $500 and forgery. He received a two year sentence in each case to run consecutively for a total of four years but all suspended to supervised probation. He is requesting judicial diversion probation. Evans must make restitution in amounts of $310.65 and $985 to the victims in the case.
A co-defendant, 37 year old Sherry May Evans entered a plea by criminal information in October to theft over $500 and received a two year suspended sentence on judicial diversion probation. She must make restitution of $985 to the victim.
Sheriff Patrick Ray said that on Saturday, September 17 both Ricky and Sherry Evans allegedly took items from a houseboat at Pates Ford Marina including several silver coins, a Kel-Tec 9 millimeter rifle, a Smith & Wesson 380 handgun, a Winchester 410 shotgun, clothing, jewelry, a spotlight, candles and other items. The owner of the houseboat discovered the theft and reported it. The case was investigated by a detective and deputies of the Sheriff’s Department and as a result some of the stolen weapons and other items have been recovered. Sheriff Ray said that some of the silver coins and jewelry were recovered in a purse belonging to Sherry Evans.
Meanwhile in the forgery case , Sheriff Ray said that on Monday, October 24 the Evans’ allegedly stole checks while Sherry also took a credit/debit card. The same day Ricky allegedly passed one of the checks with a forged signature at Wilson Bank & Trust in Smithville for $60. On Tuesday, October 25, Sherry Evans allegedly used the stolen credit/debit card in amounts of $25.09 and $67.17 at the Dollar General Store and on Thursday, October 27 at Redbox in the amount of $9.88. The next day, Wednesday, October 26 Ricky and Sherry together passed another forged check for $148.51 at Wal-mart in Smithville. Again Ricky Evans entered a plea and was sentenced in the forgery case and must make restitution to Wilson Bank & Trust in the amount of $310.65.
44 year old Patsy McCoy entered a plea to tampering with evidence and is facing a three year sentence as a range I offender to run concurrently with a violation of probation against her. McCoy was given jail credit from December 4, 2015 to December 12, 2016.
McCoy was arrested by Smithville Police on Friday, December 4, 2015 for theft of property, criminal trespass, simple possession of Schedule IV & VI drugs and tampering with evidence. Police were dispatched to Wal-Mart in reference to a shoplifter. Upon arrival officers saw McCoy placing items in plastic bags. She had previously been ordered by store management to keep away from Walmart through a "Notification of Restriction from Property". As she was being taken into custody and placed in the patrol car, McCoy was observed with a bag in her hand which contained a leafy green substance which was later determined to be marijuana. Also in the bag was a prescription bottle containing two pills which didn't match the prescription. While in custody, McCoy removed a pill from her person and crushed it before it was checked into evidence.
33 year old Brandi Lynn Dorris entered a plea to possession of a schedule III drug with intent to sell and received a four year sentence all suspended to TDOC probation. She was fined $2,000 and was given one day of jail credit. Dorris was named in an August grand jury sealed indictment for possession of a schedule III controlled substance ( 4-Suboxone) with the intent to sell or deliver on or about December 21, 2015. Dorris was arrested on Tuesday, July 26.
33 year old David Lee Bean entered a plea to driving under the influence and received a sentence of 11 months and 29 days all suspended to CPS probation except for 48 hours to serve. He was fined $350. Sheriff Ray said that on Sunday, April 12, 2015 a deputy received a call about a wreck on Highway 70 east at Sligo bridge. The officer observed a 1999 Saturn in a ditch and spoke to the driver, Bean who said he had been on his way to get his wife. Bean's speech was slurred and he was unsteady on his feet. Bean performed poorly on field sobriety tasks. He also submitted to a blood alcohol test. Bean was placed under arrest.