Hearing delayed for man charged in home invasion
Published 6:20 pm Tuesday, August 1, 2017
A preliminary hearing for a man charged with attempted murder in connection with a reported home invasion incident was delayed on Tuesday after the man’s attorney asked to receive a copy of a statement his client gave to police.
Timothy Stapp, 44, of 128 Norman Joines Road, Elizabethton, appeared in Carter County General Sessions Court Tuesday morning. Stapp faces charges of attempted first-degree murder, aggravated kidnapping, aggravated burglary, armed dangerous felonies, and carrying or possession of a weapon by a convicted felon.
A preliminary had been scheduled for the case on Tuesday, with two witnesses being subpoenaed to testify by the District Attorney’s Office.
Judge Keith Bowers Jr. allowed Assistant Public Defender Jim Lonon a few moments to confer with his client before calling the case up. After speaking with Stapp, Lonon requested a copy of a statement Stapp provided to investigators following his arrest on May 4.
“I think the Defense is entitled to a copy of that statement before the preliminary hearing,” Lonon told the court.
The statement in question is not a written statement but a video recording of investigators interviewing Stapp.
Assistant District Attorney Mark Hill told the court he did not have a copy of the video in question and it would take a few days or possibly a week to obtain the video from the Carter County Sheriff’s Office and make a copy for the defense.
Lonon also spoke to the court regarding an order which Bowers had previously issued ordering a mental health evaluation be performed on Stapp.
“The State originally requested a mental evaluation, but I think they have changed their mind and are ready to proceed,” Lonon said.
Bowers told both Lonon and Hill that he wanted to schedule the preliminary hearing to be held as soon as possible. After conferring with both attorneys, Bowers scheduled the preliminary hearing to be held on August 21.
The charges against Stapp stem from an incident on the morning of Thursday, May 4, when Stapp allegedly forced his way into a home in the Stoney Creek Community.
Deputies of the Carter County Sheriff’s Office responded to a home on Mill Creek Road after a woman called 911 to report an armed subject forced his way into her home and was holding her husband hostage at gunpoint. The woman, Cynthia Cave, was able to escape the home and make it to a neighbor’s to call 911.
According to court documents, as officers approached the home they heard a man, later identified as Stapp, talking with Drew Cave. Officers said Stapp fired multiple shots at Drew Cave as he fled from the home. According to police, Stapp exited the home armed with a gun and later surrendered.
Following his arrest, investigators interviewed Stapp regarding the incident.
“The defendant (said) that he waited for the victim outside of his home for several hours during the early morning hours,” CCSO Investigator Michael Bean said. “When the victim raised the garage door the defendant entered the garage and held him at gunpoint. He ordered the victim back into the residence where they began talking.”