A convicted child sex offender was sentenced to six years in prison Monday after Circuit Court Judge David Bragg found he violated his probation a second time by resisting arrest on a domestic assault charge in Smith County.
Kevin Jaco, 42, of Riddleton Circle outside Carthage, was serving an 18-year probation term in connection with a 2012 child sexual abuse conviction in Murfreesboro when Smith County Sheriff’s officers went to his home last October to serve a domestic assault warrant, according to court testimony.
Smith County Deputy Jimmy Gregory testified that when he and Sgt. Steven Myers tried to serve the warrant, Jaco’s mother told them they would have to shoot her to get to him. They had also had heard from a Carthage police officer that Jaco would shoot somebody before he would go back to jail, Gregory testified.
When they went to the door, the mother initially told them that Jaco was in the shower, then shut the door, the deputy said. They stepped back and when she opened the door a second time, they could see him standing behind her, Gregory said.
Gregory testified that Jaco was “in a fighting mood” when they got there and that when he tried to go into the home to get Jaco he resisted arrest and told them they could find out “what kind of -------- man” he was.
Myers testified that Jaco’s mother “got agitated and (Jaco) got agitated.” As the incident escalated, Deputy Gregory grabbed the woman’s arm and Myers then fired his Taser, he testified.
The Taser didn’t catch Jaco completely and he ran toward the back of the room and then came back toward the deputies, according to testimony. Myers shot Jaco a second time with the Taser, then Gregory hit him with his asp and used pepper spray on him to bring him under control.
Jaco testified that he tried to comply with the officers’ orders and didn’t say anything during the incident. He said he was hit with Tasers and lying on the floor covering his head with his hands.
“I did not resist,” Jaco said on the witness stand.
In earlier testimony, Tennessee Department of Correction Officer Carey Farley testified that Jaco had already violated his probation by failing to register for psychosexual counseling in a timely fashion after the 2012 conviction and agreed to serve 45 days if given a second chance.
Farley also testified that Jaco was having a relationship with a Smith County woman who had a 14-year-old daughter, which was also a violation of his probation because he was not to be around any minor females. His initial conviction was on three counts of aggravated sexual battery on a child under 13.
The domestic charge against Jaco stemmed from an incident in which he allegedly choked the woman. That charge was later dropped when she moved out of state, according to court testimony.
When Jaco testified, he said he never dated the woman because his probation officer told him it would be a parole violation. He said he developed a relationship with her only for rides to counseling classes.
During questioning, defense attorney Billie Zimmerman tried to raise doubt about whether officers told Jaco and his mother they were serving a warrant and whether they instigated his resistance by forcing their way into the home.
Judge Bragg, however, found that Jaco resisted arrest and that he had a relationship with the woman who had a daughter under 18, both violations of his probation.
“It appears Mr. Jaco violated probation by having a relationship, even if it was to get a ride,” the judge said.
Bragg also said he believed Jaco resisted arrest, based on the officers’ testimony.
“His mother interceded first and that didn’t set a good example for what followed,” Bragg said.
The judge pointed out that Jaco previously signed a document admitting he violated his probation and that this was a second violation. He sentenced him to serve six years in prison and told him that if he violated probation again after release, he would serve the full 18 years.