Lawyer requests mental evaluation for man charged in police shootout

Published 8:11 am Saturday, December 19, 2015

Star Photo/Abby Morris-Frye Carter County Sheriff Dexter Lunceford sits in the passenger seat of a damaged police cruiser — the same seat that Deputy Jenna Markland was sitting in when bullets ripped through the car, striking her twice in the face when Kelly Pitts allegedly opened fire on officers Wednesday night.

Star Photo/Abby Morris-Frye
Carter County Sheriff Dexter Lunceford sits in the passenger seat of a damaged police cruiser — the same seat that Deputy Jenna Markland was sitting in when bullets ripped through the car, striking her twice in the face when Kelly Pitts allegedly opened fire on officers Wednesday night.


A man charged with seven counts of attempted murder for allegedly opening fire on police officers and civilians earlier this week appeared in General Sessions Court on Friday where his lawyer petitioned the court for a mental health evaluation on the man.
Kelly Lee Pitts, 36, of 433 Dry Hollow Road, Elizabethton, appeared before Judge Keith Bowers Jr., Friday morning and was arraigned on seven counts of attempted first degree murder.
Star Photo/Abby Morris-Frye Wearing handcuffs, shackles and a waist chain, Kelly Pitts appeared in General Sessions Court Friday to faces seven counts of attempted first degree murder.

Star Photo/Abby Morris-Frye
Wearing handcuffs, shackles and a waist chain, Kelly Pitts appeared in General Sessions Court Friday to faces seven counts of attempted first degree murder.


Pitts requested to have an attorney appointed to represent him in the case and filled out an indigent form. After reviewing the request and asking him a few questions, Bowers declared Pitts indigent and appointed the Public Defender’s Office to represent him.
Bowers allowed Assistant Public Defender Jim Lonon to have a private meeting with Pitts. Following the meeting, Lonon and Assistant District Attorney Mark Hill had a private bench conference with Bowers before addressing the matter again in open court.
“After discussing the matter briefly with Mr. Pitts, it appears there may be a mental health diagnosis,” Lonon said. “We are going to request a mental health evaluation.”
Hill agreed that a mental health evaluation would be in order and cautioned that due to the Christmas holiday it could take longer than the normal 45 days to receive the results of the evaluation.
Star Photo/Abby Morris-Frye  Kelly Pitts appeared in General Sessions Court Friday to face seven counts of attempted first degree murder after he allegedly opened fire on four police officers and three civilians on Wednesday night.

Star Photo/Abby Morris-Frye
Kelly Pitts appeared in General Sessions Court Friday to face seven counts of attempted first degree murder after he allegedly opened fire on four police officers and three civilians on Wednesday night.


On behalf of his client, Lonon waived a formal reading of the charges in court and entered a plea of “not guilty” to the charges.
Bowers set a preliminary hearing in the case for February 19, but said if necessary the date could be reset.
While reviewing the case, Bowers decided to leave Pitts bond set at $100,000 per count of attempted murder, which gives Pitts a total bond of $700,000. Following his arraignment, court officers returned Pitts to the Carter County Detention Center where he is currently being housed.
The charges against Pitts stem from an incident that happened in front of his home on Dry Hollow Road Wednesday night shortly after 9 p.m.
Officers of the Carter County Sheriff’s Office responded to a complaint of an intoxicated man at 433 Dry Hollow Road who was waiving a gun around.
Carter County Sheriff Dexter Lunceford was the first officer to arrive on scene and he began speaking to the woman who called 911, Brandy Hyder, and two other area residents — identified as Michael Hyder and Greg Hardin.
A short time later, Lunceford said CCSO Sgt. David Caldwell, Deputy Jason Mosier and Deputy Jenna Markland arrived on scene. Before the newly arrived officers could get out of their vehicles, Pitts allegedly opened fire on the officers and civilians. Lunceford said the officers had not been in contact with Pitts and he fired on the group without warning.
During the gunfire, Markland suffered two gunshot wounds to her face and Brandy Hyder was shot in the hand.
Star Photo/Abby Morris-Frye  A pair of bullet holes in the headrest of one of the police cruisers can be seen within the red circle drawn on this photograph.

Star Photo/Abby Morris-Frye
A pair of bullet holes in the headrest of one of the police cruisers can be seen within the red circle drawn on this photograph.


The officers and civilians took cover behind the police vehicles and later moved to a ditch, where they were pinned down for a while.
After the gunfire ceased, Lunceford said officers were able to get Markland and Brandy Hyder away from the scene in a civilian truck and transport them to a waiting Carter County Rescue Squad crew. Markland was then flown to the Johnson City Medical Center by Wings Air Rescue and Brandy Hyder was transported to the same hospital by ambulance.
Neither of the bullets that struck Markland in the face penetrated her skull and were described by officials as “ grazing” wounds — one striking her forehead and one striking her face just above her mouth. Markland was released from the hospital on Thursday. No further information is available on Brandy Hyder’s condition.
After the initial exchange of gunfire, Lunceford said Pitts barricaded himself in the home.
The Special Weapons and Tactics (SWAT) teams from the Sheriff’s Department and Elizabethton Police Department responded to the scene to help secure the area and take Pitts into custody.
The Tennessee Bureau of Investigation, the Tennessee Highway Patrol, the THP Aviation unit, and Carter County Rescue Squad responded in order to support the effort.
“The teams fired tear gas into the trailer and made entry discovering that Mr. Pitts had fled leaving behind a rifle and the AK- 47,” Lunceford said. “ A search for Pitts ensued, and he was discovered hiding in a cave behind the residence. “
“Pitts was still heavily armed with a rifle and two pistols, but surrendered when challenged by SWAT team members,” he added.
On Thursday, a crime scene team from the TBI was at the scene of the shootout collecting evidence and gathering images to reconstruct the events of the night before.
The three police cars which were struck by bullets in the gunfire remained on the scene for most of the day on Thursday while the TBI team worked but were later towed to the Carter County Sheriff’s Office. On Friday, following Pitts court appearance, Lunceford and other officers with the department inspected the damage to the cars. Lunceford said it was the first time he had looked at his police car since that night.
As Lunceford examined the bullet holes and shattered glass on the three vehicles he kept remarking how incredible it was that everyone survived the ordeal.
“He was definitely shooting to kill us,” Lunceford said.

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