Court of Criminal Appeals of Tennessee, Knoxville
Assigned on Briefs November 28, 2017
from the Criminal Court for Campbell County No. 16921 E.
Shayne Sexton, Judge
Campbell County Criminal Court jury convicted the defendant,
Dale Albert Greca, of especially aggravated kidnapping,
robbery, unlawfully carrying a firearm in a public place, and
driving on a suspended license - second offense. As a result
of his convictions, the defendant received an effective
sentence of twenty-four years in confinement. On appeal, the
defendant challenges the sufficiency of the evidence to
sustain his conviction for especially aggravated kidnapping.
He argues the confinement and removal of the victim did not
substantially interfere with the victim's liberty and the
confinement was simply incidental to the robbery. He also
contends that the evidence is insufficient to support a
finding that the kidnapping was accomplished with a deadly
weapon because the jury found him guilty of the
lesser-included offense of robbery rather than the indicted
offense of aggravated robbery. Discerning no error, we affirm
the judgments of the trial court.
R. App. P. 3 Appeal as of Right; Judgments of the Criminal
D. Stone (on appeal) and Keith Hatfield (at trial),
Knoxville, Tennessee, for the appellant, Dale Albert Greca.
Herbert H. Slatery III, Attorney General and Reporter;
Benjamin A. Ball, Assistant Attorney General; Jared R.
Effler, District Attorney General; and Tom Barclay, Assistant
District Attorney General, for the appellee, State of
Ross Dyer, J., delivered the opinion of the court, in which
Thomas T. Woodall, P.J., and Robert W. Wedemeyer, J., joined.
ROSS DYER, JUDGE
and Procedural History
6, 2015, the victim, Stanley Foust, was employed by the City
of LaFollette within the Public Works Department and was
tasked with mowing the right-of-way along Central and
Jacksboro Pike. That day, the victim was working alone,
driving a city owned, white Jeep Cherokee, and towing a
trailer with a zero turn mower on it.
point during his work day, the victim stopped at the West End
Marathon gas station for a break and to purchase something
drink. As he was exiting the gas station parking lot and
waiting for traffic to clear, the victim noticed the
defendant walking on the other side of the street. The
defendant then started running towards the victim's
vehicle. Before the victim realized it, the defendant opened
the passenger door to the victim's vehicle, had one leg
inside the vehicle, and was pointing a gun at the victim.
After the defendant entered the vehicle and while pointing
his gun at the victim, the defendant "told" the
victim to drive him to Caryville. According to the victim,
the defendant's gun was a stainless steel revolver. The
victim also testified that he was "very scared."
ten minutes into the drive to Caryville, as they approached
the Walmart in Jacksboro, the defendant informed the victim
that he wanted to be taken to the Campbell County
Sheriff's Department. The victim, in an attempt to comply
with the defendant's newest demand, adjusted the route
and drove towards the sheriff's department. However, as
they approached the Jacksboro courthouse, the defendant asked
where the Jacksboro Police Station was located. After the
victim pointed to the police station, the defendant
instructed the victim to "take [him] back to
LaFollette." At no point during the incident did the
defendant ever ask the victim to pull over or stop the
vehicle. According to the victim, there were several places
he could have safely pulled over or pulled off the road had
the defendant instructed him to do so.
driving back to LaFollette, the victim, fearing "that
[the defendant] was going to kill me or do something to me,
" tried to figure out how he could exit the vehicle and
safely escape from the defendant. When the victim came to a
stop at a red light, he noticed the defendant was looking out
the window and not holding the gun on him. The victim took
advantage of this moment, jumped out of the vehicle, ran and
hid behind an "18-wheeler, " and immediately called
his supervisor, James Mullins, to inform Mr. Mullins the
vehicle and lawnmower had been stolen. Mr. Mullins testified
that the victim was "excited, gabbering, and talking
real fast" when the victim called him. After speaking
with the victim, Mr. Mullins called the police, reported the
vehicle stolen, and then went to pick the victim up.
Pam Jarrett of the Jacksboro Police Department was on duty
May 6, 2015, when dispatch informed officers to be on the
lookout ("BOLO") for a stolen City of LaFollette
vehicle hauling a trailer with a lawnmower. The BOLO also
informed the officers that the individual in the vehicle was
armed. Immediately upon receiving the BOLO, Sergeant Jarrett
spotted the defendant and the stolen vehicle. Deputy Alan
Shepard of the Campbell ...