Judge sets preliminary hearing date for Pitts
Published 9:30 am Monday, February 22, 2016
A Carter County man accused of opening fire on police officers and civilians in December will appear at a preliminary hearing next month.
Kelly Lee Pitts, 36, of 433 Dry Hollow Road, was charged with seven counts of attempted first degree murder in connection with the Dec. 16 shoot out with police with left the man’s girlfriend and a deputy injured.
At a court appearance in December, Pitts’ attorney, Assistant Public Defender James Lonon, requested the court to order a mental health evaluation for his client. In General Sessions Court on Friday Lonon provided a case update to Judge Keith Bowers Jr.
“We need to schedule this for a preliminary hearing, Your Honor,” Lonon said. “The results of the mental health evaluation are back.”
Pitts did I’d not appear in person in court on Friday.
“Mr. Pitts is in protective custody and has not been brought down, Your Honor,” Lonon said. “I don’t think he needs to be brought in just four a reset. I went over and spoke with him.”
Lonon asked Bowers to set a date for a preliminary hearing that would give him at least two weeks to prepare for the proceedings. Bowers asked Assistant District Attorney Mark Hill house much time the court would need to set aside for the hearing.
“I have two officers. That will probably take about an hour or an hour and a half,” Hill said. “I am only going to call the two officers so it should go pretty quickly.”
Bowers set Pitts’ preliminary hearing for March 11. At the preliminary hearing the court will determine if there is enough evidence to advance the case against Pitts to the Grand Jury.
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. Lunceford said CCSO Sgt. David Caldwell, Deputy Jason Mosier and Deputy Jenna Markland arrived on scene a short time later.
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.