JACKSBORO, TN. (WLAF)-  Robert David Carter was so determined to not go to prison he waited for a trial despite a pandemic and the uncertainty of a jury.

His gamble paid off.

Charged with aggravated assault, aggravated burglary and aggravated kidnapping, Carter could have spent the next few years of his life in prison if convicted. Instead, after 17 months of being in jail he walked out of a court earlier this month, having only been convicted of trespassing.

That crime carries an 11 month, 29 day sentence, which normally nets a nine month sentence, according Carter’s attorney Bill Jones of the Eighth Judicial District Public Defender’s office.  Carter served nearly double that time.

“He served more time than the maximum penalty for the charge he was convicted of,” Jones said.

Carter maintained his innocence throughout the ordeal, according to Jones. While serious conversations about a plea never occurred, Carter wasn’t open to one anyway insisting he would not plead guilty to a crime he didn’t commit. “Many people are not like that,” Jones said. “They will plead just to get out (of jail.)  From day one, he (Carter) never considered that.”

At trial, when prosecutors were through with their case, the kidnapping charge was dismissed, Jones said noting the evidence wasn’t there to support the charge.

Carter was accused of assaulting his ex-wife, a woman he had long since divorced but shared children and grandchildren with.

Her story changed throughout the case but perhaps the most damning moment of the case came when her son, and Carter’s stepson, told the jury his mother could not be believed.

During the trial, Carter had believed he would be found not guilty even making plans for a cheeseburger later that night.  Yet, his fate still belonged to the jury.

For three hours as the jury weighed the evidence, Jones made small talk with his client.

Eventually completing their deliberations, the jury returned a not guilty verdict.

“It was very dramatic,” Jones said.  Carter “wept, cried and shook” as the jury determined the evidence wasn’t there to send him to prison. (WLAF NEWS PUBLISHED- 09/28/2020- 6AM)