Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs April 19, 2017
from the Criminal Court for Davidson County No. 2012-C-1981
Cheryl Blackburn, Judge.
defendant, Yangreek Tut Wal, appeals his Davidson County
Criminal Court guilty-pleaded convictions of especially
aggravated kidnapping and especially aggravated robbery,
claiming that his 40-year effective sentence is excessive.
Discerning no error, we affirm.
R. App. P. 3; Judgments of the Criminal Court Affirmed
L. Brand, Nashville, Tennessee, for the appellant, Yangreek
Herbert H. Slatery III, Attorney General and Reporter;
Alexander C. Vey, Assistant Attorney General; Victor S.
Johnson III, District Attorney General; and Megan King,
Assistant District Attorney General, for the appellee, State
Curwood Witt, Jr., J., delivered the opinion of the court, in
which John Everett Williams and Camille R. McMullen, JJ.,
CURWOOD WITT, JR., JUDGE.
charged with two counts of especially aggravated kidnapping,
two counts of especially aggravated robbery, and four counts
of aggravated rape, the defendant pleaded guilty to two
counts each of especially aggravated kidnapping and
especially aggravated robbery in exchange for dismissal of
the aggravated rape charges. The plea agreement provided for
the sentence to be determined by the trial court and included
the State's promise to recommend concurrent alignment of
all the sentences should the defendant testify truthfully
against co-defendants Tut Tut and Peterpal Tutlam.
April 12, 2013 guilty plea submission hearing, the State
offered the following statement of facts:
If this case had gone to trial, the State's proof would
be that on March the 17th of 2012 [the defendant] and Mr.
Duol Wal and Mr. Tut Tut and Mr. Peter Pal Tutlem (phonetic)
were together in the early morning hours, and they accosted
the two victims in this case [R.W.] and [P.T.], outside
[R.W.'s] residence. And they abducted them and forced them
to get into a vehicle at knifepoint. In the vehicle they
demanded their property. They demanded their bank cards and
their PIN numbers. They drove to a Regions Bank where they
got an amount of money out of both persons' accounts.
They also with the knife repeatedly stabbed [R.W.] and [P.T.]
in the legs, arms, and face. They forced [R.W.] and [P.T.] to
perform oral sex on each other. They made them take off their
clothes, and they forced them out of the car naked.
The victims sought help immediately. Police were able to get
the video or still photographs from the ATM. [The defendant]
was the one that went to the ATM and got the money. He was
able to be identified, which led to his brother, Duol Wal.
The police went to their residence. They found the car that
was used that had quite an amount of blood in it, although,
they had attempted to clean it up. They found items in the
trash can that belonged to the victims that were bloody. They
found items in Mr. Duol Wal's room, including the knife
that was used to stab the men. They found money, they found
property that belonged to the two victims.
[The defendant] and Mr. Peter Pal Tutlem fled the
jurisdiction to Nebraska where [the defendant] was arrested
there. He . . . was caught there and interviewed by the
detectives in Nebraska and then ultimately by Detective
Dozier that went out there. He admitted what had happened. He
named the people that were involved. He maintained that he
was the driver of the vehicle that had no ...