Assigned on Briefs November 7, 2017
from the Criminal Court for Madison County No. 16-451 Roy B.
defendant, Douglas Beauregard, appeals his Madison County
Criminal Court jury conviction of vandalism of property
valued at more than $500 but less than $1, 000, alleging an
insufficiency of evidence and error in the sentencing and
restitution decisions of the trial court. Because the record
does not support either the denial of all forms of
alternative sentencing or the amount of restitution ordered
in this case, we reverse the imposition of a fully
incarcerative sentence, vacate the restitution order, and
remand the case to the trial court for a new sentencing
R. App. P. 3; Judgment of the Criminal Court Reversed;
B. Epperson, Jackson, Tennessee, for the appellant, Douglas
Herbert H. Slatery III, Attorney General and Reporter; Andrew
C. Coulam, Assistant Attorney General; Jerry Woodall,
District Attorney General; and Jody S. Pickens, Assistant
District Attorney General, for the appellee, State of
Curwood Witt, Jr., J., delivered the opinion of the court, in
which D. Kelly Thomas, Jr., and Robert L. Holloway, Jr., JJ.,
CURWOOD WITT, JR., JUDGE
Madison County Grand Jury charged the defendant with a single
count of vandalism of property valued at more than $500 but
less than $1, 000.
defendant's January 2017 trial, Tammy Keller testified
that she and the defendant were in a romantic relationship
for 12 years and that they share a son. Following the end of
their relationship, Ms. Keller continued to reside at 53
Tinker Hill Drive, but the defendant did not. Ms. Keller
began a romantic relationship with the victim, Frank
Newberry, and the victim was an occasional overnight guest at
Ms. Keller's Tinker Hill Drive residence. On May 7, 2016,
Mr. Newberry spent the night with Ms. Keller at her
residence. At approximately 3:00 a.m., the couple heard a
noise outside the residence and went to investigate. Mr.
Newberry observed that the tires on his Aspen SUV "had
been flattened." Ms. Keller noticed that the
surveillance camera affixed to the corner of the house
"had been tilted." She telephoned the police.
Keller provided the defendant's name as a suspect based
upon her interactions with the defendant during the previous
day. Ms. Keller said that she maintained an "open
policy" whereby she allowed the defendant to "come
at any time" to see their son. After the police left,
Ms. Keller and Mr. Newberry went back inside the house. A
short time later, Mr. Newberry went back outside, saying that
"he felt uneasy." Sometime later, Ms. Keller
received a telephone call from Mr. Newberry telling her that
the police were bringing him back to her house. Ms. Keller
did not see the defendant, and, as far as she was concerned,
the defendant had no reason to be hiding behind her house.
Newberry testified that he dated Ms. Keller for approximately
eight and a half months and that he was an occasional
overnight visitor at her residence. Before May 7, 2016, Mr.
Newberry did not know the defendant, but the two men had
exchanged text messages in which the defendant told Mr.
Newberry that the defendant and Ms. Keller were going to get
back together. On May 7, 2016, Mr. Newberry drove to Ms.
Keller's house in his Chrysler Aspen SUV after his shift
ended at midnight. Mr. Newberry had just paid $1, 200 for a
set of four new tires. Mr. Newberry and Ms. Keller went to
bed and woke to a loud noise at approximately 3:00 a.m. When
they went outside to investigate, Mr. Newberry saw that all
four of his tires had been slashed. Ms. Keller telephoned the
Newberry then sent a text message to the defendant telling
the defendant "to bring his . . . back up there."
The defendant did not respond. After the police left, Mr.
Newberry went back inside for a short time before he went
back outside to look around. As he walked in the back yard,
Mr. Newberry "kept hearing a little rustling over here
in the side of the house in some woods." When he turned
his flashlight in the direction of the sound, he "saw
something reflect off of something in the woods" and
then saw a man go "running through the woods out behind
the house." Mr. Newberry gave chase. When he got close
enough, he recognized the man as the defendant. He then
telephoned 9-1-1 "and asked them to get somebody back
over there" because he "was chasing the person that
cut" his tires. The police eventually stopped the men
near Englewood Church.
cross-examination, Mr. Newberry testified that he paid $900
to replace the tires on his SUV. Mr. Newberry acknowledged
that he was armed with a bat when he first encountered the
defendant in the woods behind Ms. Keller's house. Mr.
Newberry admitted that he chased the defendant with the bat.
Police Department Officer Taylor Lawley testified that he
responded to Ms. Keller's residence to take a property
damage report. He observed that Mr. Newberry's vehicle
had four flat tires. Ms. Keller pointed out that the
surveillance camera on the corner of the house had been moved
so that it no longer captured the driveway. After he left Ms.
Keller's residence, Officer Lawley went to Old Hickory
Mall, where he parked his patrol car. Shortly thereafter, he
"got a call of a subject chasing another subject down
North Highland towards the area of Englewood." Believing
the call to be related to his earlier call, he drove in that
direction hoping to see the two men. Another officer stopped
the men near the church, and Officer Lawley was the second
officer to arrive.
Lawley asked the defendant why he was out at that hour, and
the defendant told Officer Lawley "that he'd just
been out for a walk in the Tinker Hill area and then Mr.
Newberry all of a sudden started chasing him and telling him
to stop." The defendant said that "he didn't
know who Mr. Newberry was" and "that he had no idea
what was going on." The defendant's last known
address was in Bolivar, and either Mr. Newberry or Ms. Keller
told Officer Lawley that the defendant "was possibly
living in the Smyrna or ...