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Tennessee Assistant District Attorney - Letter to Parole Board, 2016

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OFFICE OF THE DISTRICT ATTORNEY GENERAL
GLENN

R.

FUNK

District Attorney General

September 26, 2016
David Liner
Executive Director, Tennessee Board of Parole
404 James Robertson Parkway, Suite 1300
Nashville, TN 37243
Subject: Robert Earl Polk, DOB 2/16/1983
Dear Director Liner,
I am an Assistant District Attorney in the Davidson County, Tennessee office. I am writing to
infonn you that I believe the subject defendant faced false charges which may have led to his
parole revocation.
I was assigned to prosecute the subject Defendant in case 2015-A-389 for an aggravated assault,
in which Mr. Polk was alleged to have threatened his wife with a gun. I was also assigned at the
same time to prosecute his wife for a vandalism that was said to have occurred at almost the
exact same time in a different part of town. In that instance, the wife was alleged to have taken
a baseball bat to Mr. Polk's mistress' car, busting out at least one window of the vehicle. There
was an independent person that came forward that witnessed that vandalism. I was obviously
suspicious that both instances occurred from the beginning, but upon reviewing a recorded
telephone conversation between Mr. Polk and his wife, it was clear that she fabricated the
charges against him for cheating on her. I nolled Mr. Polk's case and sought additional charges
against the wife for false report and aggravated perjury. Mrs. Polk pied guilty last week for the
vandalism and perjury. Attached are copies of Mrs. Polk's indictment and judgments.
If the parole revocation was based completely on this false charge, I would recommend that Mr.
Polk be reinstated to parole as soon as possible.

Sincerely,

0"

f

~.,.\

Vincent P. Wyatt
Assistant District Attorney

CRIMINAL O!V!S !ON • 20TH JUDICIAi. DISTRICT • DAVIDSON COUNTY

\V:ishin!-:tnn Square, SLJite 500 • l 22 2nd Avenue N11rth • Na,dwillc, TN 3 720 I -1649
Td. 615 862-5500 • Fax 615 862-5599

TENNESSEE BOARD OF PROBATION AND PAROLE
Parole Violation Report- Notice of Charges
DATE:
TO:

12-01-2014
Director of Field Services

FROM PARO LE OFFICER:

William Ewing

OFFICE:

P19D(Pavilion)

Parolee:
Original Conviction:
Oi'.ik!tJal Sentence:
Paroled From:
Parole Type:
OJmmutation (YIN):
T_vpe(s) of Vi<Jlation(s):

H'<iw Violation.Oct:utted:

Robert Earl Polk

TOMIS Number:

367516

Schedule II Drugs:Cocaine(two counts)
Eighteen years

Parole Expires:

4-04-2019

Parole Date:

8-07-2012

NECX
Regular

State:

N

Date of Commutation:

Felony and Technicals

Supervision Level:

TN

NIA
Minimum

, which states:

In violation of Rule #2

l will obey the laws ofthe United States or any state, in wl1ich I may be, as well as any municipal ordinances.
The above named parolee is allegedly in v iolation of Rule #2

Count:

1

Narrative:

in that:

On or about 11-02-2014, parolee committed the offense of Assault, Aggravated-Deadly Weapon-Intent to Kill, A
Class C Felony, in Nashville, Davidson County, TN. (GS699903).
Victim stated that parolee pointed black handgun directly at her when she announced she was leaving, and wanted
divorce. Victim stated that she had confronted parolee concerning his infidelities at their residence. Victim managed to
leave in her vehicle. Bond was set at $75,000, and case has been bound over.

timv Violation Qi:&urred:

In violation of Rule #4

, which states:

l will not own, possess, or cany any type of deadly weapon (guns, rifles, k11ives) or any illegal weapons.
The above named parolee is allegedly in violation of Rule #4

Count:

1

Narrative:

in that:

On or about 11-02-2014, parolee carried Deadly Weapon, viz, a Handgun, In Nashville, Davidson County, TN.
Refer to Rule #2, Count 1.

In violation of Rule #12

, which states:

l will not engage in any assaultive, abusive, threatening or intimidating behavior. Nor will I participate in any criminal street gang
related activities as defined by TCA 40-35-121. I will not behave in a manner that poses a threat to others or myself.
The above named parolee is allegedly in violation of Rule #12

Count:

1

Narrative:

in that:

On or about 11-02-2014, parolee engaged in Assaultive, Abusive, Threatening or Intimidating Behavior in
Nashville, Davidson County, TN.
Refer to Rule #2, Count 1.

Submitted by:

BP0029 (REV 01/2008)

Reviewed by:

· Page 1of1

RDA 100-43

 

 

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