A 50 year old man was scheduled to stand trial today (Tuesday) in a three and a half year old aggravated burglary case but he decided instead to enter a plea in DeKalb County Criminal Court.
Shannon Lynn Newby received a sentence of fifteen years in the Tennessee Department of Corrections as a career offender. He must serve at least 60% of the term before becoming eligible for parole. The sentence is to run consecutive to a five year term he is already serving in another case.
Newby and two others, 28 year old Brandon Wayne Hutchings, and 38 year old Sherry Kay Malone were arrested in a burglary and theft investigation in June, 2014 after a concerned citizen came forward to report suspicious activity in the neighborhood.
The three were believed to have been responsible for a burglary and theft at a residence on Early Bain Road on Monday, June 2, 2014. Sheriff Patrick Ray said at the time that the investigation revealed that Malone dropped off Newby and Hutchings at the residence, drove away, and then parked nearby. While Malone was gone, Newby and Hutchings allegedly broke into the residence and removed from the home a 32 inch Element television, a 42 inch Sanyo television, several nail guns, and assorted tools. Malone was to have picked up Newby and Hutchings after they brought the stolen goods outside the home but a neighbor, who became suspicious when he saw Malone parked in the driveway of another residence in the area, went to confront her. The neighbor then notified central dispatch by cell phone and officers of the sheriff's department were sent to investigate. The officers found the stolen items from the victim's home outside near the garage but by that time Newby and Hutchings had already fled the scene.
Prior to the burglary and theft, the observant neighbor had already become suspicious when he spotted more than one person in a strange car driving back and forth several times down the road in the area. Later, he saw the same car again going down the road with only one person inside.
According to Sheriff Ray, Malone was questioned by detectives and subsequently charged in the case. Later that night, Newby was found walking on Robinson Road while Hutchings was picked up on Dry Creek Road. Both were wet and had scratches on them. Detectives believe at least one of the burglars cut himself during the break-in because blood was found inside the victim's home. The DNA evidence was collected and sent to the crime lab.
Malone entered a guilty plea to a charge of aggravated burglary in December, 2015 and received a five year sentence all on TDOC probation. A theft charge against her was dismissed. The sentence was to run consecutively with another case against her.
Brandon Hutchings pled guilty in August, 2015 to aggravated burglary and received a five year sentence to serve. The term was to run consecutive to a violation of probation sentence against him. He was given jail credit at the time of 420 days.