My husband had the gang enhancement added to his sentence on April 4, 2016 in Knox County. His charges were in no way gang related and he was alone when arrested. We were trying to figure out if we have waited to late to fight the gang enhancement and if not what are the first steps we need to take?
Any help or advice would be greatly appreciated
Tyler and Angie Higginbotham
Aryan Nation Gang Member Sent to Prison on Gun Charge
Prosecutors in DA Charme Allen’s Career Gang Unit obtained convictions today against a member of the Aryan Nation for firearm and property offenses. Tyler Michael Higginbotham, 24, was convicted of Unlawful Possession of a Firearm, Burglary, and two counts of Theft. Under the terms of the plea agreement, Higginbotham’s sentence was enhanced because of his gang membership, and he will serve sixteen years in prison.
In a plea hearing before Judge Bob McGee, Assistant District Attorney TaKisha Fitzgerald explained that on March 17, 2016, officers with the Knox County Sheriff’s Office were looking for Higginbotham at the Days Inn at 5423 Asheville Highway. Higginbotham had outstanding warrants for his arrest from both Knox County and Sevier County. Officers saw Higginbotham leaving the hotel on a motorcycle and attempted to stop him, but Higginbotham fled down Asheville Highway at speeds in excess of one hundred miles per hour. Officers chased Higginbotham into Jefferson County where he lost control of his motorcycle, crashed, and then continued to flee on foot. When officers caught up with Higginbotham, he fought with officers and tried to reach his waistband. Two K9s were used to gain control of Higginbotham. Once he was under arrest, officers discovered a loaded .38 caliber revolver in his waistband.
Officers were looking for Higginbotham because he had outstanding warrants for the theft of a pickup truck on February 23 and the burglary of a garage on February 29 at a residence in Mascot.
“Gangs and guns are a dangerous combination that cannot be tolerated,” said DA Charme Allen. “If you are a gang member who possesses a firearm, you should expect my office to do everything possible to send you to prison.”
Higginbotham has five prior felony convictions out of Sevier County for Aggravated Burglary, Burglary, and three Theft cases.
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