Monday, July 31, 2017

Arrest in Rogersville Assault?



While we have been led to expect an arrest in a recent Rogersville assault, the above arrest doesn't appear to be it...exactly. The photo sent us was taken from the Hard Times and doesn't provide an adequate description. 

For those who may not know, approximately 10 days ago an elderly Rogersville woman and her son, a local businessman, were brutally attacked in the parking lot of the shopping plaza where Fred's Department Store is located. Also located in the same center is a business where Jacob Modas works (or worked). Witnesses have identified him as the attacker.

The description in the Hard Times lists "alias," meaning usually that one needs to pay a fine or go to jail. It also lists "bench warrant," which as we understand it is an expression for capias warrant, meaning one needs to actually appear before a judge for some reason. We are not told what type of court issued these warrants. Municipal, district, or circuit?

We should know more when this arrest appears online. As we understand it, the investigation was being handled by the Lauderdale County Sheriff's office and not the Rogersville police. An arrest for the third degree assault might take up to three weeks; it being a misdemeanor*, the case should be heard in district court.  

* We've seen some reports that the pair was assaulted with a blackjack. If true, this might qualify for second degree assault, a felony, and the case sent to circuit court. 

***** 

We've received criticism in some circles for not blogging on this incident before. Even though a name was provided, until an actual arrest was made for some cause, we could not ethically use it here. 




2 comments:

  1. Alias does not mean one has to pay a fine or go to jail it means said person has gone by or goes by a different name.

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    1. While that is one definition, according to reference.com, another definition is:

      Alias warrants are one kind of warrant that can be issued by the presiding judge in a case. When a summons to court is issued, usually for misdemeanor charges, the accused is required to sign an agreement to appear in court at the appointed time. Signing a traffic citation constitutes signing such a promise to appear. Failure to appear can result in an alias warrant being issued that covers the additional charge of failure to appear.

      Therefore, we assume the assault charges were simply typed in incorrectly as "alias/bench warrant."

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