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September 03, 2010

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Killer gets 50 years

NOE
Published: 3:45 PM, 06/23/2009 Last updated: 9:58 AM, 07/08/2010
 

Author: Michael Reneau
Source: The Herald-News

The murderer of a Spring City man was sentenced to 50 years in prison this week after pleading guilty to the killing and to robbing a Dayton convenience store at gunpoint shortly after the murder.

Jimmy Noe, 35, pleaded guilty to the second-degree murder charge for the slaying of Danny Sherrill on Dec. 28, 2007.

He also pleaded guilty to aggravated burglary after he went to Sherrill's house to steal prescription pills.

In addition, Noe pleaded guilty to aggravated robbery for the holdup of the Murphy USA gas station near the Dayton Wal-Mart, in which Noe wielded a shotgun and made off with $149 cash.

Assistant District Attorney Jim Pope said the murder plea carries with it a sentence of 25 years in prison, and the other two charges will tack on another 25 years combined. They will run consecutively, Pope said.

Pope thought the crime warranted a more severe punishment.

"The state's not satisfied, the [Sherrill] family's not satisfied," he said in a phone interview with The Herald-News on Tuesday. "But it was what it was."

Noe was originally indicted on first-degree murder, felony murder, especially aggravated burglary and especially aggravated robbery in February 2007.

Pope said the state accepted the plea deal to lesser charges because he "Based on the facts, that's what the law called for," Pope said. "I just wish we could have gotten [Noe] more [prison] time. I don't think it would have been more fruitful going to trial."

Sherrill's family could not be reached for comment.

Sherrill was found dead on his front porch on the morning of Dec. 29, 2007. Investigators with the Tennessee Bureau of Investigation, the Spring City Police Department and the Rhea County Sheriff's Department all worked the case.

Noe went to Sherrill's house to steal prescription pills, investigators said.

He killed Sherrill by hitting him in the head with some type of tool.

Chris Hall, a Rhea County detective who worked the case, said it was a heinous crime that deserved a stiffer penalty.  

"It's as fair as fair can be for killing somebody," Hall said. "I would have just seen him get life, but reality is reality."

Noe and his wife Cheryl were arrested after being stopped on Rhea County Highway in their green 2000 Ford Taurus.

Noe had just held up a clerk at the Murphy USA with a shotgun before he and his wife reportedly drove away in the car, investigators said at the time.

Cheryl Noe was also charged with aggravated robbery and theft of property worth less than $500 in connection with the Murphy USA robbery. Her case is still pending.

Hall said he would have liked to have seen Noe prosecuted on the first-degree murder charge, but he's glad Noe will see hard time.

Michael Reneau can be contacted at michael.reneau@rheaheraldnews.com.

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