L'burg man held on $75,000 bond

Friday, March 28, 2014

By Karen Hall


A Lewisburg man was led away from Circuit Court in handcuffs Wednesday afternoon after being indicted by the grand jury.

Damien J. Maxwell, 35, of White Drive, had been arrested and made bond in September, and probably thought he was just being charged in that case. However, agents of the 17th Judicial District Drug Task Force presented the grand jury with more evidence against Maxwell, alleging he sold drugs on four other dates in 2013, so there were a total of five cases against him.

Judge Forest Durard Jr. asked Maxwell if he had a lawyer, and Maxwell said Ray W. Fraley Jr. of Fayetteville represented him in General Sessions court.

"You know what motivates Mr. Fraley, don't you?" joked Durard.

Maxwell said he did, but filled out an affidavit showing he had no more money, so the Public Defender's Office was appointed to represent him.

Durard set Maxwell's bond at $75,000, and he was still in Marshall County Jail when the Tribune went to press.

According to warrants written by Agent Shane Daughrity, Maxwell allegedly sold 0.5 gram or more of crack cocaine to a confidential informant on June 27, and repeated the sale on July 10, July 24, and Aug. 21. Two of the sales were made in a drug-free school zone, in other words, on school property, or within 1,000 feet of a school. This brings enhanced criminal penalties, and 0.5 gram or more of crack is a B Felony amount of the drug.

On Sept. 16, Maxwell was charged with possession with intent to sell and deliver a controlled substance in a drug-free school zone. At this time he allegedly had less than 0.5 gram of crack, but had marijuana with him, too. According to Daughrity's warrant, Maxwell also had drug paraphernalia: baggies, corner baggies, scales, a vacuum sealer, vacuum bags, and baking soda.

The Circuit Courtroom will be back in use Monday morning for the jury trial of Michael P. Heiser, 42, of Spring Place Road.

Heiser is charged with two counts of sexual battery, violation of the rules of the sex offender registry, simple possession of dihydrocodeinone, and introduction of contraband into a penal institution.

According to the Tribune's account of Heiser's indictment in June, he made a bond of $31,500, but filled out an affidavit of indigency, stating that he had no assets, when he appeared in court for arraignment. When questioned by Durard, Heiser said his girlfriend helped him make bond. Durard appointed the Public Defender's Office to represent Heiser, but ordered him to pay a $2,500 fee toward their services before his next court appearance.

While out on bond, Heiser got in trouble in neighboring Maury County, and has pleaded guilty to evading arrest and theft there. He still has a pending charge there for shoplifting, according to documents in his case file. Heiser has been on the Sexual Offender Registry in Tennessee since 2002.