Tennessee Assistant District Attorney - Letter to Parole Board, 2016
Download original document:
This text is machine-read, and may contain errors. Check the original document to verify accuracy.
OFFICE OF THE DISTRICT ATTORNEY GENERAL GLENN R. FUNK District Attorney General September 26, 2016 David Liner Executive Director, Tennessee Board of Parole 404 James Robertson Parkway, Suite 1300 Nashville, TN 37243 Subject: Robert Earl Polk, DOB 2/16/1983 Dear Director Liner, I am an Assistant District Attorney in the Davidson County, Tennessee office. I am writing to infonn you that I believe the subject defendant faced false charges which may have led to his parole revocation. I was assigned to prosecute the subject Defendant in case 2015-A-389 for an aggravated assault, in which Mr. Polk was alleged to have threatened his wife with a gun. I was also assigned at the same time to prosecute his wife for a vandalism that was said to have occurred at almost the exact same time in a different part of town. In that instance, the wife was alleged to have taken a baseball bat to Mr. Polk's mistress' car, busting out at least one window of the vehicle. There was an independent person that came forward that witnessed that vandalism. I was obviously suspicious that both instances occurred from the beginning, but upon reviewing a recorded telephone conversation between Mr. Polk and his wife, it was clear that she fabricated the charges against him for cheating on her. I nolled Mr. Polk's case and sought additional charges against the wife for false report and aggravated perjury. Mrs. Polk pied guilty last week for the vandalism and perjury. Attached are copies of Mrs. Polk's indictment and judgments. If the parole revocation was based completely on this false charge, I would recommend that Mr. Polk be reinstated to parole as soon as possible. Sincerely, 0" f ~.,.\ Vincent P. Wyatt Assistant District Attorney CRIMINAL O!V!S !ON • 20TH JUDICIAi. DISTRICT • DAVIDSON COUNTY \V:ishin!-:tnn Square, SLJite 500 • l 22 2nd Avenue N11rth • Na,dwillc, TN 3 720 I -1649 Td. 615 862-5500 • Fax 615 862-5599 TENNESSEE BOARD OF PROBATION AND PAROLE Parole Violation Report- Notice of Charges DATE: TO: 12-01-2014 Director of Field Services FROM PARO LE OFFICER: William Ewing OFFICE: P19D(Pavilion) Parolee: Original Conviction: Oi'.ik!tJal Sentence: Paroled From: Parole Type: OJmmutation (YIN): T_vpe(s) of Vi<Jlation(s): H'<iw Violation.Oct:utted: Robert Earl Polk TOMIS Number: 367516 Schedule II Drugs:Cocaine(two counts) Eighteen years Parole Expires: 4-04-2019 Parole Date: 8-07-2012 NECX Regular State: N Date of Commutation: Felony and Technicals Supervision Level: TN NIA Minimum , which states: In violation of Rule #2 l will obey the laws ofthe United States or any state, in wl1ich I may be, as well as any municipal ordinances. The above named parolee is allegedly in v iolation of Rule #2 Count: 1 Narrative: in that: On or about 11-02-2014, parolee committed the offense of Assault, Aggravated-Deadly Weapon-Intent to Kill, A Class C Felony, in Nashville, Davidson County, TN. (GS699903). Victim stated that parolee pointed black handgun directly at her when she announced she was leaving, and wanted divorce. Victim stated that she had confronted parolee concerning his infidelities at their residence. Victim managed to leave in her vehicle. Bond was set at $75,000, and case has been bound over. timv Violation Qi:&urred: In violation of Rule #4 , which states: l will not own, possess, or cany any type of deadly weapon (guns, rifles, k11ives) or any illegal weapons. The above named parolee is allegedly in violation of Rule #4 Count: 1 Narrative: in that: On or about 11-02-2014, parolee carried Deadly Weapon, viz, a Handgun, In Nashville, Davidson County, TN. Refer to Rule #2, Count 1. In violation of Rule #12 , which states: l will not engage in any assaultive, abusive, threatening or intimidating behavior. Nor will I participate in any criminal street gang related activities as defined by TCA 40-35-121. I will not behave in a manner that poses a threat to others or myself. The above named parolee is allegedly in violation of Rule #12 Count: 1 Narrative: in that: On or about 11-02-2014, parolee engaged in Assaultive, Abusive, Threatening or Intimidating Behavior in Nashville, Davidson County, TN. Refer to Rule #2, Count 1. Submitted by: BP0029 (REV 01/2008) Reviewed by: · Page 1of1 RDA 100-43