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BY MELISSA BUCHANAN
Just one week before Christmas, former Eagleville City
Recorder, Michelle Bennett pled "no contest" on two felony counts in a
Rutherford County Criminal Circuit Court on December 18th, 2008. Bennett was arrested earlier this year after a Rutherford
County Grand Jury handed over a lengthy indictment that included one count of
Theft over $10,000, Fraudulent use of a Credit Card Over $10,000, two counts of
official misconduct, one count of Tax Evasion, and four counts of Forgery;
concluding a 7-month investigation led by the State of Tennessee Comptroller’s
Office and the Tennessee Bureau of Investigation. Bennett pled "no contest", in what appeared to be a
plea agreement with the prosecuting attorney for the State of Tennessee
Comptroller’s Office. By agreeing to plead "no contest", or "nolo
contendere", Bennett will not admit guilt in the allegations against her,
but will avoid trial by not contesting them in court. The "no contest"
plea does, however, get accepted by the court as a guilty plea on Count 1-Theft
over $10,000, a Class C Felony, and Count 3,-Official Misconduct, a Class E
Felony, while all other counts were dismissed. "Generically speaking; only 2 out of 10 cases will ever
make it to trial. It is a lot easier to cut a deal, which serves as a
cross-benefit to both parties", explained Dennis Dycus, Director of
Municipal Audit for the State of Tennessee’s Comptroller’s Office. Chadwick
Jackson, a member of Mr. Dycus’ staff, served as the prosecuting attorney for
the case, at the request of the local District Attorney’s Office here in
Rutherford County. Had the case against Bennett made it to trial, this would
prevent a potential conflict of interest surrounding the City of Eagleville’s
previous employment of Travis Lampley, who also works for the local District
Attorney’s Office. Tennessee law (T.C.A. § 40-35-111) describes a Class C
Felony as "Not less than three (3) years nor more than fifteen (15) years
in prison. In addition, the jury may assess a fine not to exceed ten thousand
dollars ($10,000), unless otherwise provided by statute" and Class E
Felony, "Not less than one (1) year nor more than six (6) years in prison.
In addition, the jury may assess a fine not to exceed three thousand dollars
($3,000), unless otherwise provided by statute" However, a Rutherford County Circuit Court clerk says that
Bennett plans to file for diversion in the case. Bennett’s next court
appearance will be a sentencing on February 27th, 2009. If diversion is granted,
this could allow Bennett the opportunity to pay restitution or perform community
service in order to avoid a prison sentence. The final outcome is yet to come on the nearly $40,000 claim filed with
Traveler’s Insurance, in which Bennett was bonded with as a municipal employee
through the City of Eagleville. "We do not have a check in hand, but we do
know that the insurance company will not reimburse the City of Eagleville for
the $7,000 owed to the State of Tennessee Comptroller’s Office for conducting
the investigation, or the $1,000 deductible" said, Vice-Mayor Ronnie Hill.
Currently, Vice-Mayor Hill, Mayor Barham, and City Recorder Colleen Adams are
each bonded for $40,000. It is unknown at this time what, if any, legal action
Traveler’s Insurance will take against Bennett for potential payment of the
loss claim. |