By Michael R. Moser
Crossville Chronicle
CROSSVILLE — The old adage of “be careful what you ask for” was never truer than it was for state probationer Dwayne A. Stoner, who insisted on having a hearing on his latest probation revocation warrant.
Just as Stoner had a right to request a hearing on the charge against him, Criminal Court Judge David Patterson pointed out that judges can do what they choose and with that, he added, “This judge chooses to revoke your probation.”
Stoner, 44, formerly of Christian Rd., was serving a three-year suspended prison sentence on probation after pleading guilty to aggravated assault that rose from a violent domestic situation in May 2012. Stoner soon found his conduct at odds with his probation officer and he served 35 days in jail to satisfy probation violations and in September 2013, was transferred to house arrest of the community corrections program.
By October, Stoner’s probation officer had already spotted him away from home without permission. He also failed a drug test and although he claimed to have a prescription for the drug for which he tested positive, he never produced proof for his probation officer.
In October he was again away from home without permission, visiting a girlfriend who lives on Goodwin Circle. That, along with his arrest for failure to appear in General Sessions Court on a new charge, resulted in a second probation violation warrant being taken and served.
Stoner wanted another chance. Assistant Public Defender John Nisbet asked the court to grant that request after Stoner had a change of heart and decided he did not want to testify to explain his actions.
Nisbet said Stoner has a job waiting and had already served 120 days in jail. Assistant District Attorney Amanda Hunter Worley countered that Stoner had been given all the chances he was entitled to and it was time for him to pay his debt to society. Patterson agreed. “I’d like to help ...judges can do what they want ... but this judge chooses to revoke your probation.”
Full story: Judge “chooses” to revoke probation