City Court 10-21-11

Published 12:00 am Friday, October 21, 2011

Gun on seat in truck not enough to prove assault 

By Rupert Howell

Samuel Earl Kendall was found not guilty of simple assault after pleading not guilty in an earlier hearing before Wednesday’s trial in City Batesville Municipal Court.

Judge William McKenzie ruled in favor of defendant Kendall, of 126 Hemlock, after hearing testimony from affiant Jerry Ford, Kendall and Kendall’s wife.

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Ford murmured that the judge was “unfair” while walking from the courtroom. Ford had complained that he had two witnesses who would testify on his behalf, but they were not in the courtroom Wednesday.

“Those two men could clean the whole thing up,” Ford said.

McKenzie had earlier told Ford that the matter had been set for trial in plenty of time for Ford to notify witnesses.

The incident arose as a verbal altercation in the parking area in front of Bestway Rental on Highway 6 East.

Ford testified that Kendall had “run up on my car,” and a verbal altercation followed. Ford said Kendall later brandished a gun.

Kendall and his wife testified separately that Ford had blocked their exit and Kendall went around the side of Ford’s car, infuriating Ford who got out and was waiving his arms, shouting and cursing.

Ford then approached Kendall’s truck and “kept putting his hands in his pockets”  causing Kendall and his wife to wonder what  he might have there, according to the Kendall’s testimony.

“I was intimidated,” Kendall said and explained that he told Ford, who had gotten close enough to his truck to see the handgun in the console, “This truck is an extension of my home,” testimony that was repeated by his wife.

“Both of them just told a lie,” Ford said as McKenzie ruled Kendall not guilty.

In other municipal court rulings—

Jimmy Russell of 1793 Hammond Hill, Como pleaded guilty to possession of marijuana and was fined $420 due in 30 days.

Scott Thomas of 317-D Patton Lane pleaded guilty to leaving the scene of an accident and was sentenced to time served for the offense, seven days.

“You couldn’t make bond of $199,” McKenzie asked.

“Didn’t try to,” Thomas replied.

“It says here you damaged three cars,” McKenzie stated.

Thomas replied, “I hitted just one of them,” explaining that the car he hit was the one that hit the other two.

Lynell Stamps of 1199 Tom Cooper was sentenced to six days on the city’s work program at Batesville Civic Center for charges of failure to stop when officer signals and careless driving.

Christopher Darby of 113 1/2 Church Street pleaded guilty to petit larceny and was fined $325, ordered to pay $40 restitution and to stay off the affiant’s property. Affiant David McKee explained that Darby had stolen Jeep tire rims and sold them to the scrap yard.

“I just want him to stay off my property,” McKee told Judge McKenzie.

Darby was also given a 90 day suspended sentence.

A continuance was ordered for Marla Barnett of 9570 Eureka Road on charges of no proof of insurance. A guilty plea to a DUI first charge drew a fine of $1,734 due in 30 days.

Charges of domestic simple assault against Quenisha Vaughn by affaint Troy McMurry were dismissed as the affiant failed to appear. A charge of aggravated battery against McMurry is to be heard by Panola County grand jury and a fine of $890 formerly placed against McMurry for contempt of court is due 30 days after her baby is delivered.

Charges of shoplifting made by Walmart against Jessica Connell of 801-A Plum Point were amended to shoplifting second offense and an additional $476 was added to her appearance bond as she failed to attend her hearing. A warrant for her arrest was issued.

Richard McEwen of 311 Tramel Rd., was released but has 30 days to pay $604 for contempt of court and old fine charges and 90 days to pay $1,065 for new charges of false information and no turn signal or driver’s license.

James Blackburn of 1475 Hadorn was  sentenced to 17 days on the work release program for contempt of court and old fine charges amounting to $979.

Ricky Keen of 165 Batesville Drive pleaded guilty to contempt of court and will work 10 days on the the city’s work release to satisfy old fines of $562.

Jennifer Westmoreland of 858 Magnolia, Sarah was told to return to court next week with proof of a clerical error she said was at least part of the cause of her contempt of court charge and old fines. She faces total charges of $544.

Jakessa Cole of 107 MLK, will be reinstated into the city’s work release program for 28 days after being given 10 days credit. She also received a six month suspended sentence if she doesn’t follow work release rules.

James Johnston and April Laughter both of Senatobia, John Gibson of Sardis and Alan Price, Jr. of Luxohoma all pleaded guilty to charges of possession of alcohol by a minor. Each had charges of contributing to the delinquency of a minor dismissed. Gibson had a charge of zero tolerance remanded to the files provided good conduct for the next six months and Price had a charge of open container dismissed. All were fined $325.

Alexander Maxson of 112 Vance was fined $125 along with five days served for receiving stolen property. The fine is due in 30 days.

Domestic violence-simple assualt charges against Lucas Lamb of 201 Deaton were dismissed as affiant, Heather Lamb, failed to appear.

Homer Briggs of 5850 Jackson, Horn Lake paid a $304 fine in full prior to court on a charge of open container.

A trial was set for November 9 for Barbara Hamilton of 105 Lester on charges of simple assualt. She pleaded not guilty after telling the judge, “We had words but I didn’t put a hand on her,” speaking of affiant Lorice Holmes.

A trial has also been set for November 9 for Bobbie Legge of 8084 Eureka Road. She was charged with improper passing, a charge that was changed to reckless driving prior to setting the court date.

A November 16 trial date was set for Lacorey Norwood of 222 Atkins Sardis for charges of simple assault made by April Taylor.

Mildred McMurry , 120 Greg Taylor Road, Courtland, had a charge of driving without license continued until next week when she will be expected to show proof that she is a licensed driver.

Thomas M. Turner of 1811 Linker St. entered a plea of not guilty on a  charge of careless driving. A trial was set for November 9.

Marcus D. Webb of 557A Bill Wallace Road, Sardis pleaded guilty prior to court and paid a fine of $165 for careless driving.

Benjamin J. Hoskins of 100 Audrey Rd., Courtland pleaded guilty to expired tax and has a $202 fine due by November 19.

Terry L. Thigpin of 213 Van Voris pleaded guilty to driving with license suspended and received a reduced fine of $188.

Zachary W. Bolen of 2658 Woodruff Road produced a valid certificate allowing darker tint and was found not guilty of tint violation.