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Bond reduced for Cromwell, driver in fatal parking lot crash

Posted at 4:38 pm July 28, 2015
By John Huotari Leave a Comment

Derek Setzer and Lee Cromwell

Lee Cromwell, 65, of Oak Ridge, right, is escorted through Anderson County General Sessions Court on Tuesday by Anderson County Sheriff’s Department Deputy Derek Setzer. Cromwell has been charged with homicide and aggravated assault, among other charges, after a fatal parking lot crash after July 4 fireworks in Oak Ridge. (Photo by John Huotari/Oak Ridge Today)

 

Note: This story was last updated at 10:30 a.m. July 30.

Bond was reduced to $100,000 on Tuesday for an Oak Ridge man accused of killing one person and injuring 11 people in a parking lot crash after July 4 fireworks.

There were concerns about whether Lee Cromwell, 65, considers himself a “sovereign citizen” and denies governmental authority, and Anderson County General Sessions Court Judge Roger Miller reported that Cromwell was somewhat defiant at his arraignment.

Still, Miller lowered bond for Cromwell from about $205,500 to $100,000, more than cutting it in half.

Cromwell was released Tuesday evening. He is prohibited from contacting the victims.

His attorney, James Scott, argued during a bond hearing on Tuesday that bond had been set too high, and Cromwell, who has been incarcerated since last Wednesday, has been overcharged. He faces 17 charges, including three different types of homicide charges, 12 counts of aggravated assault, reckless endangerment, and a charge of driving on a suspended license.

James Robinson, 37, of Knoxville, was killed in the crash. He had been watching fireworks with his wife and two daughters.

Cromwell told police that his throttle stuck, but officers have found no evidence of that. Still, Scott said he expects to raise mechanical issues in Cromwell’s defense. He said the victims should consider a case against Daimler Chrysler, and he asked Miller to reduce Cromwell’s bond to $69,000.

But prosecutor Vickie Bannach argued that Cromwell had denied the existence of any government authority, and she raised concerns about whether he will show up for court hearings.

She objected to the lower bond, saying the charges are very serious.

“We’re talking about a loss of life,” Bannach said. “This defendant should be considered a danger in the community…The bond is reasonable. It should not be lowered.”

She said Cromwell didn’t check on anyone after the crash, he stayed in his truck talking on his cell phone, and he revved his motor like he was going to flee. She also cited the injuries to Robinson and the number of victims.

Bannach returned several times to questions about whether Cromwell considers himself a “sovereign citizen” and the claims that he “denies any complaint against his natural body.”

“He denies corporate existence,” Bannach said. “They have no authority over him.”

Cromwell filed an affidavit in Oak Ridge City Court on May 29, 2014. In that affidavit, which contested a speeding ticket, he said he denies the corporate existence of the United States, Tennessee, and a long list of other agencies, including in Oak Ridge and Anderson County. Among them are the Oak Ridge Police Department and Anderson County Sheriff’s Department. Cromwell was found guilty when he failed to appear for a hearing on June 12, 2014. Tennessee officials confirmed last week that his license is suspended.

Scott, who said he was “exceptionally pleased” with the outcome of Tuesday’s hearing, assured the court that his client would show up for hearings. He pointed out that Cromwell hadn’t fled between the crash and when he was arrested 18 days later.

“I don’t know what his ideological beliefs are,” Scott said. “The bottom line is: We’re going to show up.”

But Miller agreed that Cromwell’s beliefs are relevant to whether he shows up for court.

“His beliefs and ideologies are pertinent and relevant on whether he’s going to show up in court,” Miller said.

Tuesday’s hearing included testimony from Cromwell’s wife, Mary Frances; Oak Ridge Police Department Officer Ben Higgins; and victim Michael Eldridge.

Cromwell’s wife testified that she and Lee have been married three decades, attend Beech Park Baptist Church in Oliver Springs, and he is active with KARM (Knoxville Area Rescue Ministries).

She testified that Lee Cromwell is a licensed electrician who is a union member and has worked for himself.

“He’s been an excellent provider for his family,” she said.

She said he lost his electrical license in Knoxville about three to four years ago, but it was another man’s fault. She said her husband has a license in Oak Ridge, but she doesn’t think he needs one in Anderson County.

Higgins testified that the scene was very chaotic when he arrived on July 4. He said firefighters were treating Robinson when he arrived, and Cromwell was sitting in the driver’s seat. Robinson was under the truck, Higgins said.

Robinson died of blunt head trauma and blunt upper torso trauma, among other injuries, Higgins said.

Cromwell handed him an expired card from the Tennessee Valley Authority, Higgins said. When he asked the driver for his license, Cromwell said he had sent it back to the state, and he didn’t need it, according to Higgins’ testimony.

Before he announced the lower bond on Tuesday, Miller said, “This is a tragic event.”

In lowering the bond, he cited the positive testimony of Cromwell’s wife, including about church and community activities, which showed he appeared to be a “good citizen and good person.”

But, “I am concerned with the written statements of Mr. Cromwell that he denies the existence, basically, of the courts of Tennessee, county, city, or state,” Miller said. “That concerns me.”

Also, Cromwell showed some defiance at his arraignment, Miller said.

But bond ensures that the defendant will show up, and Cromwell has strong ties to the community, Miller said.

Anderson County General Sessions Court Judge Roger Miller

Judge Roger Miller, left, is pictured in Anderson County General Sessions Court in Oak Ridge before a Tuesday afternoon bond hearing for Lee Cromwell, the 65-year-old driver charged with homicide and aggravated assault after a July 4 parking lot crash that killed one person and injured 11 others. (Photo by John Huotari/Oak Ridge Today)

 

Oak Ridge Police Department Office Ben Higgins

ORPD Officer Ben Higgins testified during the bond hearing for Lee Cromwell on Tuesday. In arrest warrants filed last week, Higgins said Cromwell told him his accelerator stuck before the fatal July 4 parking lot crash at Midtown Community Center, but a mechanic found no evidence of a malfunction and there is no active recall. (Photo by John Huotari/Oak Ridge Today)

 

Mary Frances Cromwell

Mary Frances Cromwell, Lee Cromwell’s wife, also testified. She said she and her husband have been married more than three decades and attend church in Oliver Springs, and he is active with KARM and is a licensed electrician. (Photo by John Huotari/Oak Ridge Today)

 

James Scott and Lee Cromwell at Anderson County General Sessions Court

Knoxville attorney James Scott, left, confers with Lee Cromwell after his bond was reduced from $205,500 to $100,000 during a hearing on Tuesday, July 28, 2015. (Photo by John Huotari/Oak Ridge Today)

 

Les Hunt, Vickie Bannach, and Ben Higgins

Anderson County prosecutor Vickie Bannach, center, confers with Clinton attorney Les Hunt (who is not involved in the Lee Cromwell case), and ORPD Officer Ben Higgins. (Photo by John Huotari/Oak Ridge Today)

 

Midtown-Community-Center-July-4-2015-Crash-Map

Illustration by R. Daniel Proctor. The illustration above is based on Oak Ridge Today’s observations on the night of the July 4, 2015, crash, as well as court documents, city news releases, and police and witness statements. Note: Lee Cromwell, the driver accused in the crash, was 65 at the time, but he is now 66.

 

See previous stories here.

More information will be added as it becomes available.

Copyright 2015 Oak Ridge Today. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Filed Under: Anderson County, Government, Oak Ridge, Police, Police and Fire, Slider, Top Stories Tagged With: aggravated assault, Anderson County General Sessions Court, Ben Higgins, Bond, bond hearing, fireworks, homicide, James Robinson, James Scott, July 4, Lee Cromwell, Mary Frances Cromwell, Michael Eldridge, Midtown Community Center, Oak Ridge City Court, Oak Ridge Police Department, parking lot crash, Roger Miller, sovereign citizen, Vickie Bannach

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