A White County woman has been granted a motion to withdraw her guilty plea to resisting arrest after alleged excessive force was used by a deputy at White County Sheriff Department involving his K-9.
A motion was filed in the Criminal Court of White County, on May 21, 2020, by attorney Victor Hugo Gernt III to withdraw a guilty plea by his client, Tonya Gail Qualls.
According to legal documentation filed by Gernt, on or about April 3, 2020, Qualls encountered deputies with White County Sheriff Department. As a result of the interaction, Qualls was charged with burglary, resisting arrest, and unlawful possession of drug paraphernalia.
On April 15, 2020, Qualls appeared in the Criminal Court of White County before Judge Wesley Bray. She pleaded guilty to aggravated criminal trespass, resisting arrest, and unlawful possession of drug paraphernalia in this matter.
On May 4, 2020, the judgment of conviction for Qualls was filed with the Circuit Court Clerk’s Office for White County.
Legal documentation filed by Gernt states that subsequent to the aforementioned filing, new evidence came to light, establishing that Qualls’ plea created a “manifest injustice.” Specifically, video evidence in possession of White County Sheriff Department would show that Qualls was not guilty of the crimes for which she was convicted.
In addition, according to the legal documentation, the same video evidence would show that excessive force was used by Deputy Brandon Young, of White County Sheriff Department, involving his K-9, Kane, which is in violation of 42 U.S.C. and the Fourth Amendment of the United States Constitution.
According to the legal documentation, Tennessee Rules of Criminal Procedure provide that “after sentence is imposed, but before the judgment becomes final, the court may set aside the judgment of conviction and permit the defendant to withdraw the plea to correct a manifest injustice.”
Gernt’s filing requested that the court grant Qualls’ motion to withdraw her guilty plea. He also stated in the filing that he had sent a certified copy of the motion to withdraw to District Attorney General Bryant Dunaway.
On May 28, 2020, the matter came before Judge Wesley Bray. The judge’s ruling stated that a “manifest injustice” did exist to justify withdrawing Qualls’ guilty plea for resisting arrest. However, the motion to withdraw her guilty pleas on the charges of aggravated criminal trespass and unlawful possession of drug paraphernalia was not granted, with the judge stating that “a manifest injustice” did not exist in regard to those specific charges.
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