Dismissed, Dismissed, Dismissed! How do Charges in Nashville Keep Disappearing? The Story of Lealand Spain

leland photo 2There is one question that comes up over and over in the neighborhood watch groups here in East Nashville, and that is – WHY is our criminal justice system a revolving door. We’ve previously covered similar stories, like Troy Anderson. Of course the answer is a mixture of political ties, limited budges and finances, jail overcrowding, favors between sides, overworked ADAs that will take any plea to save the county money, among other things. Here is a perfect example of just such a case, the case of Lealand Spain, some of whose incidents started right after a Rob Zombie concert that all of East Nashville complained about the noise level of, we’re sure you remember it. A total of 8 charges, and only 2 were found guilty, all the others were rolled up into the other 2 charges, carrying much softer sentences. Even a felony was dismissed when police had 100% of the evidence needed, including the drugs, and witnesses to the crime, AND an admission from the suspect (Lealand Spain). So you have to wonder – if the suspect admits to the crime, you have the evidence, and you have a witness – WHY WOULD YOU ACCEPT A PLEA THAT INCLUDES DROPPING THE CHARGE?

CASE # CHARGE MI/FL DISPOSITION SENTENCE
GS727912 DUI MISD Guilty – Lesser Charge 6mo suspended / 6 mo prob
GS763221 Poss.or Casual Exch. MISD Dismissed Request of State
GS763222 Poss.w/int.-Sch. II <.5 grams FLNY Dismissed Request of State
GS763220 Unl.Use Dr. Paraph. MISD Dismissed Request of State
GS769525 LSA- over $500 MISD Dismissed Request of State
GS769528 Poss.or Casual Exch. MISD Dismissed Request of State
GS769526 Driv. Lic. Revoked MISD Dismissed Request of State
GS769527 DUI MISD Guilty 11mo 29d suspended, except 48hrs | 11/29 prob

After getting off virtually with no punishment (a year on probation, time served in jail basically), he had the audacity to post the following to Facebook – complaining about the jail food, the restrictions, etc… Frankly, with the felony he was charged with in addition to all the misdemeanors, he could have spent several years behind bars, but is upset over a few days, saying it’s “inhumane toward truly decent people who made a few mistakes”:

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So, what exactly do these charges entail? let’s take a look at some of the details – pay attention to the overwhelming admissions and evidence, and yet charge after charge is dismissed. He did a total of around 4.5 days in jail:

Poss.or Casual Exch. / Poss.w/int.-Sch. II <.5 grams (FELONY) / Unl.Use Dr. Paraph.
Disposition: ALL Dismissed Request of State 5/13/2016

OFFICERS RECEIVED A COMPLAINT ABOUT THE DEFENDANT SITTING IN THE PARKING LOT USING COCAINE IN HIS VEHICLE. UPON OFFICERS ARRIVING AND SPEAKING WITH THE DEFENDANT, THERE WAS IN PLAIN VIEW A PAPER RECEIPT WITH A WHITE POWDER SUBSTANCE IN THE CENTER CONSOLE OF THE VEHICLE. UPON FUTHER INVESTIGATION AND FIELD TESTING THE WHITE POWDER, THE WHITE POWDER SUBSTANCE TESTED POSITIVE FOR COCAINE BASE AND WEIGHED APPROX. 2.1 GRAMS. UPON FUTHER SEARCH OF THE VEHICLE THERE WAS ALSO 7 GRAMS OF MARIJUANA AND A GLASS MARIJUANA PIPE LOCATED IN THE CENTER COMPARTMENT OF THE VEHICLE. THE DEFENDANT OPENLY ADMITTED TO HAVE BEEN SNORTING COCAINE. THE DEFENDANT WAS READ HIS MIRANDA RIGHTS AND TAKEN INTO CUSTODY WITHOUT INCIDENT.

LSA- over $500 
Disposition: Dismissed Request of State 5/13/2016

“The gate received severe damage from the impact (estimated damage over $10,000) based on the property management company. The defendant’s vehicle matched the description of the bolo’d vehicle and a path could be seen from that location to where the vehicle came to a final rest

Poss.or Casual Exch.
Disposition: Dismissed Request of State 5/13/2016

“he stated that he was leaving the Rob Zombie/Disturbed concert. The defendant was referencing a concert that occurred on 5/7/16 at the Ascend Amphitheater. Officers could smell the odor of an alcoholic beverage coming from the defendant’s person, and also the odor of marijuana. The defendant began to hysterically cry, and state that he had consumed alcohol earlier. The defendant was placed into handcuffs, and searched incident to arrest. Located on the defendant’s person in his front right pocket were (2) marijuana blunts contained in separate plastic containers, which the defendant claimed as his. The total weight for the marijuana blunts was approximately 3 grams. The marijuana blunts were turned into evidence.”

Driv. Lic. Revoked
Disposition: Dismissed Request of State 5/13/2016

The defendant’s license was also found to be revoked as officers conducted their investigation

DUI
Disposition: Guilty – Lesser Charge
Amended:  Convicted:   DUI ( MISD )

DUI
Disposition: Guilty 5/13/2016
Convicted:   DUI ( MISD )

Here’s an overview of all of the Davidson County charges against Lealand Spain:

crim history overview

Here is the complete criminal record for Metro Nashville:

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