Wannyn motion hearing for new trial delayed
Dec. 26—At the request of defense attorney Sam Hudson, the hearing on a motion for a new trial of the conviction of Billy Joe Wannyn of Sparta in the slaying of Albin Von (Salvatore) Buechel in January 2018 was postponed.
Wannyn, 51, was convicted following a four-day trial in May of first-degree murder and especially aggravated robbery of Buechel, who ran a gold-buying business from his home on Arthur Seagraves Rd. near Pleasant Hill.
The Chronicle was the only media present during the hearing.
Evidence showed Buechel had been stabbed at least 18 times during a robbery. Motive for the robbery was, to obtain money from the gold dealer to pay for bond of his girlfriend at the time, who was incarcerated at the Cumberland County Jail.
Wannyn's attorneys, Howard Upchurch and Hudson, filed immediate notice of appeal of the conviction and received the trial transcript in November. Hudson appeared before Criminal Court Judge Wesley Bray and asked for more time to amend his motion.
Bray appeared reluctant, at first, to grant the hearing postponement because of the length of time since the jury verdict. The motions have to be heard in Cumberland County Criminal Court before being sent to the state Court of Criminal Appeals.
Bray's calendar does not have him returning to Cumberland County to hold court in the amount of time requested until April. It was finally decided that the motion for a new trial will be heard on April 17.
Wannyn's attorneys are seeking a new trial, claiming evidence in the case does not support the convictions of first-degree murder and especially aggravated robbery. The motion specifically states there is a lack of witness or evidence that Wannyn was at the Buechel residence at the time the slaying took place.
The motion also claims there was not evidence showing premeditation as required for first-degree murder, that the jury disregarded the judge's charge to them and that the judge should have severed the charges for individual trials.
Oral and/or written statements given by Wannyn to investigators when questioned at a residence near Spencer should not have been allowed and by allowing the jury to consider the statements, the trial court erred.
The motion filed thus far also alleges search of the vehicle Wannyn was driving was conducted illegally and that cellular phone records should not have been allowed because of an invalid and/or illegal search warrant.
Assistant District Attorney Philip Hatch is expected to argue against the claims during the April hearing and in motion responses filed before that time on the motion for new trial and the amended motion for new trial.
In other cases on the docket Dec. 13, the following guilty pleas were entered:
—Jonathan Lee Arnold, 45, pleaded guilty to an information charging felony evading arrest and received a two-year suspended sentence to be served on supervised probation. The charge stems from a Jan. 18, flight from a Lake Tansi Police traffic stop.
—Carolyn Marie Williams, 24, pleaded guilty to an information charging possession of heroin with intent to sell and/or deliver and received an 8-year prison sentence to be served on supervised probation. If probation is violated, Williams will be facing eight years in prison at 30% as a Range 1 offender.
The charge stems from a Tennessee Highway Patrol trooper stop on Aug. 7 during which an inventory search of her vehicle produced a gram of heroin and digital scales.
Michael Moser may be reached at mmoser@crossville-chronicle.com
