Malone Gets Five Years Probation for Aggravated Burglary

One of three people involved in a burglary and theft in June, 2014 was sentenced in DeKalb County Criminal Court on Monday, December 7.
36 year old Sherry Kay Malone entered a guilty plea to a charge of aggravated burglary and received a five year sentence all on TDOC probation. A theft charge against her was dismissed. The sentence is to run consecutively with another case against her.
A co-defendant in the case, 27 year old Brandon Hutchings pled guilty in August to aggravated burglary and received a five year sentence to serve. The term is to run consecutive to a violation of probation sentence against him. He was given jail credit of 420 days.
The case against another co-defendant, 47 year old Shannon Lynn Newby remains pending in court.
The three are believed to be responsible for a burglary and theft at a residence on Early Bain Road on Monday, June 2, 2014. Sheriff Patrick Ray said the investigation revealed that Malone dropped off Newby and Hutchings at the residence, drove away, and then parked nearby. While Malone was gone, Newby and Hutchings allegedly broke into the residence and removed from the home a 32 inch Element television, a 42 inch Sanyo television, several nail guns, and assorted tools. Malone was to have picked up Newby and Hutchings after they brought the stolen goods outside the home but a neighbor, who became suspicious when he saw Malone parked in the driveway of another residence in the area, went to confront her. The neighbor then notified central dispatch by cell phone and officers of the sheriff’s department were sent to investigate. The officers found the stolen items from the victim’s home outside near the garage but by that time Newby and Hutchings had already fled the scene.
Prior to the burglary and theft, the observant neighbor had already become suspicious when he spotted more than one person in a strange car driving back and forth several times down the road in the area. Later, he saw the same car again going down the road with only one person inside.
According to Sheriff Ray, Malone was questioned by detectives and subsequently charged in the case. Later that night, Newby was found walking on Robinson Road while Hutchings was picked up on Dry Creek Road. Both were wet and had scratches on them. Detectives believe at least one of the burglars cut himself during the break-in because blood was found inside the victim’s home. The DNA evidence was collected and sent to the crime lab.

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