Attorney Lee Davis, who is representing Partin, said, "Colton Patin received house arrest and probation today because of his honesty. This was a crime where ordinary people at their homes in East Lake Court were threatened and intimidated by the explosive fireworks that these men set off. No doubt it was terrifying to the residents. Mr. Partin had the strength of character to admit what he did and accept responsibility for his actions. I believe that is why he deserved and received house arrest as opposed to prison."
Chattanooga, TN--Two of three white men sentenced Thursday in federal court for launching mortar-style fireworks on black public housing residents will serve one year in prison.
The third man, 22-year-old Colton Partin, of Apison, received six months of house arrest and 18 months of probation.
Partin pleaded guilty along with James Smiley, 27, and Kyle Montgomery, 22, both of Chattanooga, to a single charge of civil rights intimidation in January. Smiley and Montgomery also were sentenced to three years of probation following their prison time.
Chief U.S. District Judge Curtis Collier told the men before sentencing that, although he'd received many letters on their behalf that characterized the episode as a "silly prank" or "youthful indiscretion," their actions showed that they "meant to harm people."
One of the five listed victims of the attacks, Angela Williams, 46, told the court Thursday that she still suffers anxiety attacks from the incident.
"The way that their faces were smiling so hard, I just couldn't get it out of my head," Williams said. "I had to come here today and see them face to face so they could see me face to face."
At the end of the hearing, after the men apologized for their actions, Williams again stood in the audience and said she would pray for them. She added, "I hope that this here turns your life around."
As part of their sentences, all three men must perform 300 hours of service to benefit both the black community and the community at large.
The trio originally faced state charges but those were dropped when the U.S. attorney's office filed federal charges.
Lee Davis, Partin's attorney, told the court the three men had a "one-for-all-and-all-for-one" pact the night they were released from jail to keep quiet about what happened. But Partin later went to prosecutors and explained that the event was not a drunken prank. He said they had targeted East Lake Courts public housing, knowing black residents would be outside between 3:30 a.m. and 4 a.m. on July 9, 2011.
"It was because of his cooperation that the truth came out," Davis said in the hearing.
The men drove through the complex four times, on three occasions throwing fireworks. One of the fireworks shattered the first pane of a double-paned window on an apartment where a woman was asleep with her infant child and her boyfriend's adolescent siblings.
Many in the complex at first thought the sounds were gunfire, according to court testimony.
Smiley's attorney, Robin Flores, argued for probation during the hearing but said afterward that the sentencing could have been worse and he has no plans to appeal it.
All the defendants' attorneys characterized their clients' actions as "idiotic," "misguided" and "reprehensible."
None of the three men had significant criminal histories, which played a part in their sentences.
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by David Laprad
No matter which route a prospective client takes to see criminal defense attorney Lee Davis, he or she is going to have to climb the steep hill to the East 5th Street house where Davis practices law. However, if Davis takes the person’s case, it will have been worth the hike.
Not only will the client benefit from Davis’ 25 years of experience as a litigator, but he also will have an attorney who will walk with him every step of the even steeper climb to the end of his legal issues. Just ask Twanna Blair. When she came to see Davis in 1999, she was a victim of a home robbery and a witness to the murder of three other people. Before the end of the case 10 years later, Blair’s problems escalated as Bradley County prosecutors charged her with perjury, and then murder, and then pursued the death penalty.
“When we first met her, we didn’t know where the case would go. We just knew she was in trouble. It was unlikely she could afford our office, so we volunteered to sort things out for her. And then she embarked on a legal nightmare,” Davis says. At the top of the precipitous hill Davis and Blair climbed, the judge directed the verdict out and found Blair not guilty of every charge. “The judge said the state didn’t present sufficient evidence to convict her,” Davis says.
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Federal Judge Curtis Collier has dismissed a lawsuit brought by the family of a rifle-wielding man who was shot on July 18, 2009, by six city police officers. Five of these Chattanooga Officers are represented by Davis & Hoss,PC.
Alonzo Heyward had 43 bullet wounds, but Judge Collier said he refused to comply with commands to stop and give up the gun, he started to walk in a house with the weapon, and he turned the rifle toward the officers after he was tased.
Judge Collier said, "Because a reasonable fact-finder, viewing the facts in the light most favorable to plaintiffs, could not find the officers violated Heyward's constitutional rights through excessive use of force, it is unnecessary to consider whether any alleged violated right was 'firmly established.'"
The judge said the six officers had a duty to stop Heyward from going into the house with the rifle and "had manifest probable cause to believe Heyward posed an immediate serious threat of physical harm to themselves and others."
Attorney Bryan Hoss, who represented five of the officers along with attorney Lee Davis, said, "This has taken two years, but we have said from day one the officers had a reason for what they did and they are finally vindicated.ydid an autopsy report shows."
He added, "These are great officers. Five of the six are still on the streets patrolling for the citizens of Chattanooga."
Attorney Hoss said the case had been set to go to trial on July 25 and was expected to last two weeks. The defense had over 250 exhibits and over 20 witnesses ready to go.
Attorney Johnny Houston represented officer Deborah Dennison, who married, moved to Alabama and is in another line of work.
The city was also sued and was represented by Phil Noblette and Crystal Freiberg of the city attorney's office.
Police said the officers fired a total of 59 shots.
Officers Dennison, Lauren Bacha, Zachery Moody, George Romero, William Salyers and Bryan Wood were initially placed on paid leave according to Chattanooga Police Department policy.
Police confronted Heyward on the porch of a house at 4316A 7th Ave. after first finding him on Rossville Boulevard.
After client was convicted in Dade County Probate Court of a DUI 1st offense, Davis & Hoss appealed her conviction to the Superior Court. After oral argument, the Court found that the evidence presented to the Probate Court was insufficient as a matter of law. DUI dismissed. Case closed. Victory is sweet. Client and Client's family are ecstatic.
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