Judge rejects drug-court placement, imposes 10-year concurrent sentence in McElhaney burglary case

Judge David D. Wolfe on Sept. 29 sentenced John Wesley McElhaney to an aggregate 10 years in the custody of the Tennessee Department of Correction after hearing victim testimony, a presentence investigation and programmatic evidence from the district—s drug-court staff. The judge found enhancement factors including a long prior criminal history, the victim—s vulnerability and that McElhaney committed the instant offenses while on probation; the court denied defense requests to place McElhaney in the 20th Judicial District recovery (drug court) program.

Prosecutor and defense counsel presented contrasting pictures. Prosecutors stressed McElhaney—s extensive criminal history spanning about 20 years and multiple felony convictions, arguing that confinement was necessary to protect the public. Defense counsel urged placement in the recovery court program, noting the program had given McElhaney a provisional…