Originally Posted by
4eyedbuzzard
There is some confusion expressed here regarding "pressing charges" and such. People/victims can't "press charges". Crimes are prosecuted as "The People vs XXX." It's a criminal case, not a civil one. Victims and witnesses only swear out statements. Police/prosecutors decide if and what charges to bring in a complaint based upon witness/victim statements and other evidence. From what we can figure out, those hikers may have refused to make sworn statements, which makes it much tougher for authorities at a preliminary/probable cause hearing. Now, even if the victims/witnesses refused to make formal statements, police did still have their hearsay evidence from them regarding the shovel assault and knife brandishing which could possibly have been used at a hearing - but not at a trial. But, knowing that the victims/witnesses wouldn't likely come back or be reluctant to incur the time and expense of doing so (as they were thru-hiking) police/prosecutor perhaps CHOSE not to charge him on the assault and let him plea out to what they could easily get - the three lesser offenses, fine, and probation.
But, maybe they could have CHOSEN to charge him on the assault based upon the hearsay and other evidence anyway (I don't know the TN law, I'm not a TN lawyer, but hearsay is often admissible at hearings) - and if the judge agreed - kept him locked up longer until he made reasonable bail or if unable, even until the witnesses didn't show for court appearance at trial. The witnesses would have to be subpoenaed, located and personally served, likely in another state, somewhere on the AT between Unicoi County and Maine... Probably not a case most rural governments want to spend a lot of money and resources on. Maybe the police/prosecutor did try to charge him for assault, but the judge dismissed the charges for insufficient evidence, or other reasons (like Sovereign acting remorsefully and/or the whole reluctant witness situation). Bringing a case like this would burden financial and other resources for the local courts and police with only little likelihood of success.
So, sad to say, but I think a lot of why he wasn't locked up, beyond the hikers refusal to swear out statements, was probably governed by financial and manpower considerations.
There are some other questions that should be asked: How much was the fine in Unicoi Cty., and how did he paid it? Because he was reported by hikers not to have much if any money. After getting out, a shuttle driver bought him a bus ticket to get him home to MA. He obviously didn't get there. Did he get thrown off the bus or get off on his own further up the trail? Did he ever get on the bus? Did the ticket get refunded in total or partially (he needed money)? There was some well meaning, but misplaced, enabling going on as well.