Tennessee Court Reverses Polk County Aggravated Kidnapping and Especially Aggravated Kidnapping Charges

Set Text Size SmallSet Text Size MediumSet Text Size LargeSet Text Size X-Large
Updated: 8/15/2013 5:16 pm
(WDEF) The Polk County Grand Jury indicted Appellant, Davis Bradley Waldroup, Jr., for two counts of especially aggravated kidnapping, one count of first degree murder, and one count of attempted first degree murder.
     These charges stemmed from the October 2006 murder of Leslie Susan Bradshaw and attempted murder of his estranged wife, Penny Waldroup.
     The incident happened as Penny Waldroup was dropping off her children at her estranged husband's home.
     Ms. Bradshaw accompanied her.
     A jury convicted Appellant of one count each of aggravated kidnapping, especially aggravated kidnapping, voluntary manslaughter, and attempted second degree murder.
     The trial court sentenced Appellant to an effective sentence of thirty-two years. On appeal, Appellant argued that the evidence was insufficient to support his conviction of aggravated kidnapping, that the trial court erred in denying his motion for change of venue, erred in allowing the introduction into evidence of a photograph of one of the victim’s injuries, and erred in denying his motion for judgment of acquittal.
     After a thorough review of the record on appeal, we affirmed the judgments of the trial court. Appellant filed a Rule 11 application, pursuant to the Tennessee Rules of Appellant Procedure requesting an appeal to the Tennessee Supreme Court. On April 2, 2012, the Tennessee Supreme Court granted the application and remanded the case to this Court for reconsideration in light of the Tennessee Supreme Court’s decision in State v. White, 362 S.W.3d 559 (Tenn. 2012).
     **After reconsidering the facts and circumstances of the case at hand with regard to our supreme court’s decision in White, we conclude the we must reverse the convictions for aggravated kidnapping and especially aggravated kidnapping and remand for a retrial on these two counts. We affirm all other judgments of the trial court.
0 Comment(s)
Comments: Show | Hide

Here are the most recent story comments.View All

No comments yet!
Featured Partners
The newly modeled East Ridge Residence is a must see with its spacious comfortable apartments. Plus, 3 delicious meals daily, geriatric physician, home healthcare services and fun festive activities. Schedule your visit today!
Together we can make a confident retirement possible. Simply click to get started with your private wealth advisor. Talk to Jimmy Scotchie, Certified Financial Planner.
Get started at $79.99 a month for 12 months. Plus, get a $75 VISA® Prepaid card.
Stay Connected with WDEF News 12
Inergize Digital This site is hosted and managed by Inergize Digital.