Appeals court upholds denial of new trial for man convicted in murder of disabled veteran

The Tennessee Court of Criminal Appeals has upheld a judge’s decision not to grant a new trial for a Dickson County man convicted of murder and arson. Attorneys for 25-year-old Jeffrey Scott Petty argued that Judge Robert Burch was wrong to instruct a jury that Petty’s statement to police was a confession and not a statement against interest. But the opinion written by Judge Camille R. McMullen says the appeals panel agrees with Burch that defense attorneys did not request the statement against interest instruction be given to the jury at Petty’s trial, therefore it was not an error by the court. Petty is one of three men convicted for the June 2006 shooting death of 75-year-old disabled veteran Kenneth Brake and the burning of his mobile home on Wolf Branch Road in Vanleer. Petty at first told investigators he was not in the area of Brake’s home, where Petty had lived until Brake’s house was destroyed in a fire. Petty later told police he and Thomas Dotson planned to rob Brake, who had received a large insurance settlement from his house fire. Petty said he stayed outside while Dotson went inside the home and shot Brake in the head with a shotgun, then poured gasoline on the mobile home and set it ablaze. Petty denied stealing anything but testimony at his trial showed a flat screen television, guns, a coin collection and other items were taken. Petty was convicted of first-degree felony murder and got life in prison plus a five-year consecutive sentence for arson. Dotson was convicted of criminally negligent homicide and other charges and got 15 years in prison. A third suspect, James Wesley Cheeves Jr., pleaded no contest to second-degree murder and arson and got 23 years in prison. Petty is current housed at the Morgan County Correctional Facility and is eligible for parole consideration in 2066.