ROGERSVILLE, Tenn. (AP) - The man who spurred a change in Tennessee law involving child death cases has been released from prison.
The Kingsport Times News (https://bit.ly/1gh7Tao) reports 48-year-old Kerry Phillip Bowers was released from the West Tennessee State Penitentiary on Friday after serving more than 26 years of a 36-year sentence. He was convicted in Hawkins County in 1987 of killing 2-year-old Scotty Trexler.
At the time, state law required intent or premeditation in order for a defendant to be charged with first-degree murder. Bowers was convicted of second-degree murder.
The case led to passage of the Scotty Trexler Law in 1988 which says that anyone who kills a child through abuse shall be charged with first-degree murder.
Berkeley Bell, who prosecuted Bowers, said he felt a life sentence would have been more appropriate in the case. He said he was surprised to learn about the release on Monday from the newspaper.
“We weren’t notified he was being released,” Bell said. “For what he did he should never see the light of day. I wish that someone had notified us from the Department of Corrections that he was about to be released. I’m sure they’re very busy and just couldn’t get around to it, but it would have been nice for us to know, and for the people of Hawkins County to know.”
The Tennessee Department of Correction said Bowers received sentence reduction credits while incarcerated and so has served all his time.
Bell said he was disappointed with the outcome of Bowers trial.
“We were devastated by the verdict, but it led myself and others to launch a crusade to get the law changed so that what had happened to that child would, in and of itself, be grounds for first-degree murder. He just brutalized the child. We changed the law so that if you inflict those types of injuries on a child, and a child dies, it’s felony murder. I was pleased that with the help of so many people we were able to get the law changed, but I was never happy with the result of the trial.”
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Information from: Kingsport Times-News, https://www.timesnews.net
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