According to court docket records, Stewart violated the terms of his pre-trial diversion when he was arrested for DUI less than three months after it was granted and should have been charged with the four counts of official misconduct which read as follows:
The Grand Jurors upon their oath do present that John Mark Stewart on or between the 1st day of May, 2008 and the 17th day of June, 2008, in McMinn County, Tennessee, and before the finding of this indictment, a public servant as an examiner with the Tennessee Department of Financial Institutions, did unlawfully and intentionally or knowingly, with the intent to obtain a benefit, to wit: the satisfaction of personal debt, commit an act relating to the servant's office or employment that exceeds the servant's official power, commit and act under color of office or employment that exceeds the servant's official power, refrain from performing a duty that is imposed by law or that is clearly inherent in the nature of the servant's office or employment, and violate a law relating to the servant's office or employment in violation of T.C.A. 39-16-402, all of which is against the peace and dignity of the State of Tennessee.
A sentence range of not less than one year, nor more than two years in jail should have been given to Stewart. The People News attempted several times prior to going to press to contact via phone Stewart's Attorneys, Roger Jenne, Michael Jenne, and Joshua Jenne, to question: During the course of the hearings for John Mark Stewart, was the fact that he was on pre-trial diversion ever mentioned? None of Stewart's attorneys were available to take the call.
Stewart, who no longer works for TDFI and is currently employed by a Cleveland mortgage lending company, had several court hearings overseen by Judge Sheridan Randolph in Bradley County General Sessions Court after his arraignment for DUI on December 8, 2008.
His preliminary hearing was March 10, 2009, a hearing took place May 12, 2009 and a hearing for his guilty plea on October 27, 2009. He served out the remainder of his sentence last month from November 13th through the 15th. Stewart must participate in CADAS (a drug and alcohol program) and his driver's license is suspended for one year.