City Court 5-25-12

Published 12:00 am Friday, May 25, 2012

Defendant claims green leafy substance not marijuana

By Emily Williams

Judge Bill McKenzie gave a defendant the benefit of the doubt and continued a possession of marijuana in a vehicle case during Batesville Municipal Court held Wednesday.

“We’ll call you once the results come back from the crime lab,” McKenzie told defendant Cory Henderson, 101 Williams, Batesville, after he told the judge it was not marijuana the officers found in his car and on his clothes.

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Officer Brandon Moses testified he and Officer Nick Hughes turned off Woodland onto Hwy. 6 when they saw Henderson’s vehicle with illegal tint.

“I noticed he had a big hole in the tint and that’s when I noticed he wasn’t wearing a seat belt,” Moses said as he gave reason of initiating the stop.

Both Moses and Hughes said they saw Henderson throw a clear bag out the window along Highway 6 before pulling over in the parking lot of Domino’s.

Moses said when he walked up to the driver’s side of the vehicle he saw a green leafy substance in Henderson’s lap.

Moses testified when the defendant stood up the alleged marijuana was all over his shirt and in  his lap.

Officer Hughes testified he did go back to the scene where the clear bag was thrown out and due to the lunch time traffic, it was not found.

Moses testified, “Every time he’d speak, I’d smell marijuana. I told him to open his mouth. He had marijuana in his mouth.”

“I scraped up whatever marijuana I could and he ate the rest,” said Moses as he told the judge the Mississippi Crime Lab has the evidence and they are awaiting test results.

Henderson told the judge he threw a cigarette out the window.

“He took pics and everything of my mouth,” Henderson told the judge.

The judge opened the court file that had pictures of the marijuana that was scraped up from the scene.

Henderson told the judge it was not marijuana.

“We’ll continue the case until the crime lab test results come in,” said McKenzie.

“We’ll call you when the results come in,” McKenzie said.

Alance Walker, 116 Field St., Batesville, waived his preliminary hearing for possession of a firearm by a felon, burglary, two counts of grand larceny, two counts of malicious mischief and two counts of simple assault, but wanted to speak to the judge  about appointing him a lawyer.

McKenzie explained his felony charges would be heard in a higher court.

“What was your prior felony for?” McKenzie asked Walker.

“I don’t know. I don’t remember,” Walker replied.

Walker had new charges for disorderly conduct – failure to comply by refusing to stop running several times on Patton Lane on May 14 and he also had old fines of $325 that have been due since February.

Walker asked if he could serve his fines out since he did not have any money.

He was sentenced to 90 days in jail to satisfy his old fines.

His bond was $72,220 for his felony charges.

Judge McKenzie appointed attorney David Walker to the case.

Marvin Brownlee, 107 Vance, Batesville, was sentenced to time served after he entered a guilty plea to public drunk on Saturday, May 19 at Rudd’s Tire while at SpringFest.

“How many days have you been in jail?” McKenzie asked.

“Five days, sir,” Brownlee replied.

“I thought you were going to quit drinking,” McKenzie  commented to Brownlee.

“Well, sir, I was sleeping,” Brownlee replied.

Detective George Williford, who was the arresting officer, interrupted Brownlee.

“No, he was kissing all of the ladies and they got tired of it.”

“How many times have you been arrested since you got out of the penitentiary?” asked McKenzie.

“Two times, sir,” he replied.

Nina Fudge, Sardis, entered a not guilty plea to contributing to the delinquency of a minor. A trial was set for June 20.

Debra Trammel, 208 Melrose, Sardis, paid her fines of $325 in full prior to court for petit larceny.

Wanda Holman, 1380 Ponderosa, Lambert, failed to appear to answer shoplifting charges. Fox Bonding was notified.

Shandricko Furdge, 220 Anderson, Sledge, paid her fine of $1,124 in full prior to court for shoplifting charges.

Cases set for trial

Robert Buice, 15280-A Ballentine, Sardis, had a driving while license suspended (implied consent) charge amended to driving while license suspended after a short trial.
He saved $300 and was fined $492 for driving while license suspended and improper equipment.

Willie Benson Jr., 3376-A Eureka, Batesville, was fined $145 for improper equipment by having a tag cover over  his plate.


Charlie Lee Cooper, 267 Love Ave., Crowder, was fined $594 for no proof of insurance.

Anthony A. Harris, 217 Pearson St., Batesville, was fined $889 for no proof of insurance.

Miker L. Hentz, 811-A Boothe St., Batesville, was fined $194 for no proof of insurance. He was given the lower fine after proving he purchased insurance after the ticket was issued.