Published: March 15, 2008 12:45 am            

Cullman man misses hearing, was in jail for other charges

Apparently “I was in jail at the time” is not an excuse a judge will accept for a missed court date.

Cullman County Sheriff’s deputies arrested Tony Ray Flack, 25, of Joppa on Thursday after he missed a January probation hearing for a five-year prison sentence that stemmed from a second-degree assault charge. Flack was out on a $50,000 bond while he was waiting for the hearing.

“His probation was denied, so he’s going to start doing his sentence,” said Sheriff Tyler Roden.

Roden said Flack missed the appointed probation hearing because he was incarcerated at the Marshall County Jail on unrelated charges.

“He probably wasn’t going to make probation anyway, but it (incarceration) probably didn’t help his chances,” Roden said.

Flack pled down to the charge of assault in the second degree after investigators initially charged him with attempted murder and robbery in the second degree.

According to reports, the attempted murder and robbery occurred Feb. 17, 2007. The victim, Brian Murphree of Joppa, said he was in a vehicle with Flack as well as with William E. Adams and Chastan D. Morrow when an argument over money ensued.

“We believed Morrow and Flack shot at Murphree,” Roden said. “He was shot two times, once in the leg and once in the abdomen area.”

Murphree had to be flown to the hospital for treatment, Roden added.

Flack is currently being held at the Cullman County Detention Center without bond.

        

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