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In depth: Cromwell gets new trial in fatal July 4 fireworks crash

Posted at 8:28 pm July 5, 2018
By John Huotari Leave a Comment

Lee Harold Cromwell (Photo by John Huotari/Oak Ridge Today)

Lee Harold Cromwell (Photo by John Huotari/Oak Ridge Today)

 

Lee Harold Cromwell, who was convicted of homicide and aggravated assault after a fatal crash after fireworks three years ago, is eligible for a new trial on the aggravated assault charges, a state appeals court said Tuesday.

After reviewing several issues raised on appeal, the Tennessee Court of Criminal Appeals in Knoxville upheld Cromwell’s one conviction of reckless vehicular homicide and his five-year sentence on that charge.

But citing misleading and confusing jury instructions, the court ordered a new trial in Anderson County Criminal Court in Clinton on the eight convictions of reckless aggravated assault. Those convictions, which were reversed by the appeals court on Tuesday, had helped to add seven years to Cromwell’s sentence.

“After our review, we affirm the evidence was sufficient to support the defendant’s convictions and the trial court properly sentenced the defendant, but (we) conclude the trial court committed reversible error in instructing the jury as to reckless aggravated assault,” the Tennessee Court of Criminal Appeals said. “Therefore, we vacate the defendant’s eight convictions for reckless aggravated assault and remand this case to the trial court for a new trial.”

The rest of this in-depth content, which includes exclusive coverage of oral arguments and the jury instructions, is available if you are a member: a subscriber, advertiser, or recent contributor to Oak Ridge Today. 

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Note: Most news stories on Oak Ridge Today are free, brought to you by Oak Ridge Today with help from our advertisers, sponsors, and subscribers. Some are considered premium content. This story is premium content. Premium content can include in-depth, investigative, and exclusive stories.

Filed Under: Courts, Courts, For Members, Oak Ridge, Police and Fire, Premium Content, Slider, Tennessee Tagged With: aggravated assault, Anderson County Criminal Court, Anthony Craighead, Davidson County Criminal Court, Don Elledge, fatal crash, fatal July 4 fireworks crash, forgery, fraudulent liens, J. Ross Dyer, James K. Scott, James Robinson, John Everett Williams, jury instructions, Lee Harold Cromwell, Midtown Community Center, new trial, Paul G. Summers, reckless aggravated assault, reckless vehicular homicide, Robert L. Holloway Jr., Seventh Judicial District, Tennessee Court of Criminal Appeals, Tennessee Pattern Jury Instruction, Tom Marshall, Zachary T. Hinkle

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