Arnold convicted of first-degree murder

May 22—By the time a Cumberland County jury returned a verdict of guilty of first-degree murder — sending Thomas Mack Arnold Sr. to prison for life — his few courtroom supporters had drifted away.

Arnold stood alone with his attorney to face his fate.

A family member of Billy Jones, 61, the man shot to death in his home on Sept. 27, 2020, was steadfast to the end. She had taken notes of testimony of every witness who swore to tell the truth and wrote down the words of the jury foreman:

"Guilty of first-degree murder."

There were no courtroom outbursts or demonstrations of passion, just an eerie silence broken only with Criminal Court Judge Gary Mckenzie asked each juror to raise their hand if that was the verdict of each one. All signified in the affirmative.

Mckenzie agreed with and accepted the verdict.

Arnold lowered his head, ever so slightly, and then stared ahead as Mckenzie sentenced him to life in prison with possibility for parole. In Tennessee, a first-degree murder conviction is an automatic 51 years in the Department of Corrections before one is eligible for a parole hearing.

Unlike what politicians tout as truth in sentencing, 51 years does not constitute 51 calendar years. With good incentives and other additions to a confusing formula, the sentence is closer to 48 years.

With Arnold already age 41, the best he can hope for — barring an appeals court overturn of the conviction — is release as a very old man.

Testimony during the last day of a three-day trial were defense witnesses Jackie Martin Sr. and Vivian Herd-Recines. Arnold invoked his constitutional right to not testify.

Martin told the jury that he had previously gone to the Jones residence at 25 Christian Rd. to trade a shotgun for $40 cash and $40 worth of meth, which he said he used.

Under cross examination from Assistant District Attorney Philip Hatch, Martin admitted he was a convicted felon and, as such, was prohibited from owning or being around weapons.

Herd-Recines testified she had been staying at the Jones residence for about six months and had set up the surveillance camera system using a DVR to display live footage on a television.

She also testified she was present when Martin traded the shotgun for cash and meth. The shotgun, Herd-Recines said, was placed in a corner of the living room near a recliner.

She said she was also present when the DVR was recovered from a crawl space beneath a nearby residence where Amy Arnold was staying. Arnold crawled under the house and recovered the unit for investigators when confronted as to its location.

Under cross examination from Hatch, Herd-Recines testified that during a jailhouse interview with TBI agents, she said she left 15 minutes prior to the shooting. She said she had planned to leave to cook for an elderly neighbor and didn't know anything about the planned fatal assault.

In an out-of-jury hearing, Mckenzie reminded Herd-Recines she was under oath to tell the truth, that lying was a crime and that she was to answer the questions directly and not in a deflecting response.

Back on the witness stand, Herd-Recines reluctantly admitted she had overheard a phone call where a threat of violence was made and that the caller and others were on their way to the house. It was after that call that Herd-Recines left the residence.

With that, defense attorney Robert Marlow closed his proof.

In closing arguments, Assistant District Attorney Allison Null was precise and direct in addressing the jury.

"Bill Jones had a right to be in the house ... the defendant did not ... he (Arnold) did not call 911, and only eight hours later did he mention self-defense," Null recapped testimony.

She added that Arnold went to the residence armed and wearing a mask, with the intent to kill Bill Jones.

Marlow countered in his closing, "We know at some point Tommy Arnold got involved over the camper. He did take a gun. He took the gun to intimidate."

He added that he believed someone took advantage of the situation and reminded the jury that Arnold was never identified by eyewitnesses as the shooter.

"Actions speak louder than words," Hatch told the jury. "His (Tommy Arnold) actions betray his claim of self-defense."

The jury retired at 1:50 p.m. to begin deliberations, taking breaks and asking two questions during the process.

At 7:15 p.m., a knock on the jury room door signaled the panel of six men and six women had reached a verdict.

The verdict was guilty of first-degree murder with no fine assessed.

State law allows a judge to immediately sentence a defendant convicted of first-degree murder.

Mckenzie agreed with the jury and pronounced the life-in-prison sentence.

A tracking date of Aug. 9 to hear motions for a new trial was set. The tentative date is to allow time for publication of the trial transcript, for Marlow to file formal motions and to allow the DA's office to reply.

Arnold was immediately escorted back to his cell to await transportation into the state prison system.

He will be given credit for the nearly three years he has been in jail since his arrest on Sept. 28, 2020.

Michael Moser may be reached at mmoser@crossville-chronicle.com