Assigned on Briefs June 6, 2017
from the Criminal Court for Shelby County No. 15-01703 James
M. Lammey, Jr., Judge
Appellant, Deandre Bonds, aka Israel El-Elyon,  was convicted in
the Shelby County Criminal Court of one count of driving on a
cancelled, suspended, or revoked license, second offense, and
one count of evading arrest, both Class A misdemeanors, for
which he received a total effective sentence of six months.
On appeal, the Appellant contends that the evidence is not
sufficient to support the convictions. Based upon our review,
we conclude that the judgments of conviction incorrectly note
the convictions are Class B misdemeanors; accordingly, the
case is remanded to the trial court only for entry of
corrected judgments reflecting that the offenses are Class A
misdemeanors. The trial court's judgments are affirmed in
all other respects.
R. App. P. 3 Appeal as of Right; Judgments of the Criminal
Court Affirmed; Case Remanded
Stephen C. Bush and Barry W. Kuhn (on appeal) and Robert
Felkner (at trial), Memphis, Tennessee, for the Appellant,
Deandre Bonds, aka Israel El-Elyon.
Herbert H. Slatery III, Attorney General and Reporter;
Jonathan H. Wardle, Assistant Attorney General; Amy P.
Weirich, District Attorney General; and Bridgett Stigger,
Tyler Parks, and Gavin Smith, Assistant District Attorneys
General, for the Appellee, State of Tennessee.
McGee Ogle, J., delivered the opinion of the court, in which
Thomas T. Woodall, P.J., and Robert W. Wedemeyer, J., joined.
MCGEE OGLE, JUDGE
April 2015, the Shelby County Grand Jury returned a
multi-count indictment against the Appellant charging him
with driving on a cancelled, suspended, or revoked license;
driving on a cancelled, suspended, or revoked license, second
offense; and evading arrest. At trial, Kendra White, an
employee of the Tennessee Department of Safety and Homeland
Security's Driver's Services Division, testified that
the Appellant's driving records reflected his
driver's license was revoked on August 31, 2009, and had
not been reinstated at the time of trial.
cross-examination, White said the records did not reflect
that the Appellant had made any attempts to have his license
reinstated. White noted that the Appellant's driver's
license was revoked because of an accident.
Mario Tate with the Memphis Police Department testified that
he and his partner, Officer Marcus Stevens, were working the
"Bravo shift" from 7:00 a.m. to 3:00 p.m. on July
14, 2014, and he noticed a man driving a motorcycle without a
helmet. The man was identified later as the Appellant's
brother, Brandon Jackson. While Officer Tate was watching,
Jackson stopped the motorcycle in the parking lot of
Windridge Elementary School, got off the motorcycle, and the
Appellant got on the motorcycle. As Officer Tate watched, the
Appellant, who also was not wearing a helmet, drove the
motorcycle from the parking lot of the elementary school,
across a public street, and into the parking lot of the
Village Green Apartment complex.
Tate decided to stop Jackson for operating a motorcycle
without a helmet.When Officers Tate and Stevens approached
Jackson, the Appellant parked the motorcycle and walked back
toward the officers. Officer Tate noticed "another group
of guys" standing ten or fifteen feet away, just outside
the gate of the apartment complex. The officers called for
backup because they "were outnumbered. There was two of
us and like four or five of them."
Tate asked Jackson to explain why he was driving the
motorcycle without a helmet and to provide the officers with
identification. Jackson refused to identify himself. The
Appellant "started causing a disturbance" and
maintained that "they didn't have to identify
themselves" because "they were free men." The
Appellant and Jackson then began talking about
"sovereign citizenship." At that point, Officers
Tate and Stevens attempted to detain Jackson, and "a
the struggle, Officers Tukes and Garrett arrived. Officer
Tate told them that the Appellant had driven the motorcycle
without a helmet and asked them to detain the Appellant.
After Officer Tate asked the backup officers to detain the
Appellant, the Appellant "took off running."
Louie Tukes with the Memphis Police Department testified that he
responded to Officer Tate's call for backup. When Officer
Tukes arrived at the scene, he saw Officers Tate and Stevens
"struggling" to take Jackson into custody. During
the struggle, the Appellant was "disorderly, "
"talkin[g] loud, " and telling the officers they
had no authority to interfere with him. Officer Tukes asked
the Appellant to be quiet and not to disturb the scene.
Officer Tate told Officer Tukes that the Appellant was a
suspect and asked the Appellant to approach the officers, but
the Appellant ran into the apartment complex. Officers Tukes
and Garrett pursued him. Officer Garrett got close to the
Appellant first, and the Appellant "squared up" and
"put his knuckles up" to fight Officer Garrett.
Officers Tukes and Garrett then had to physically restrain