A man by the name of Rubin Pena who was convicted by a Rutherford County Circuit Court Jury of Vehicular Homicide by Reckless Conduct, three counts of reckless aggravated assault and leaving the scene of an accident resulting in a death, has appealed his conviction.
Pena, who was sentenced to serve 8 years behind bars for the death of Cynthia Joyner, suggested that evidence was insufficient to support his vehicular homicide by reckless conduct conviction and the conviction of reckless aggravated assault (X3). He also said that the trial court in Rutherford County made a mistake during his sentencing by applying "Certain enhancement factors."
Looking back to the July 2013 death of Ms. Joyner, she died while headed home from a concert in Nashville. Three others were injured in the head on collision with Pena on I-24. A witness said that after Pena crashed into the other vehicle, he jumped from his SUV and fled the scene on foot. Months later he was found to be living in Mexico, eventually turning himself in at the Texas / Mexico border and later being found guilty in a Rutherford County courtroom.
After Pena filed an appeal to his case, the Court of Criminal Appeals of Tennessee affirmed the judgement of the trial court, not allowing for the appeal to move forward.
The prison sentence for Pena will end on July 30, 2020.
