Trussell Park confrontation settled by judge 10/18/2013

Published 12:00 am Friday, October 18, 2013

Trussell Park confrontation settled by judge

By Emily D. Williams

Judge Bill McKenzie made the final call during Batesville Municipal Court after hearing testimony from an umpire and ball player who had confrontation during a co-ed softball tournament that was held on August 3 at Trussell Park.

Both defendants charged each other with simple assault.

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Edward Brooks, 8208 Pope Crowder, Pope, testified he was umpiring a co-ed ball game when he called a strike on Justin Ross, 758 Northwood West. No. 2, Hernando.

Brooks said after Ross struck out he started swearing and calling him a sorry umpire.
“He said I was the sorriest umpire he’d ever seen,” Brooks testified.

Brooks said he threw Ross out of the game.

“He said he didn’t have to leave,” Brooks testified.

Brooks said he told his wife to call 911 because Ross refused to leave.

“He started shoving me. He went inside the dugout and came towards me. I picked up a bat in self defense,” Brooks said.

Brooks admitted he hit Ross with a bat.

“I am old and diabetic,” Brooks explained in his defense.

Kenny Anderson was also umpiring that night.

Anderson said Ross went towards Brooks when he was hit by the bat.

“I would have hit him too,” Anderson testified.

Cassie Brooks testified she was standing behind first base when she saw Ross go towards her dad.

She explained the altercation did not happen inside the dug out.

Everyone testified that Zachary Sullivan, who was standing on second base, was the one who took the bat away from Brooks.

Ross, who was represented by Tom Womble, testified he did tell his teammates it was  bad call but was trying to leave when he was hit by the bat.

He testified the ambulance came but he refused it after his wife told him she would take him to the hospital.

“We didn’t want an ambulance bill,” he testified.

Ross’ wife, Jennifer Ross, testified they had to pay a $1,350 deductible and $125 co-pay.
“His back was hurting and he was sick to his stomach,” she testified.

Zachary Sullivan testified he was standing on second base when he saw Brooks hit Ross with a bat.

“I took the bat away from him,” Sullivan testified.

Sullivan also testified the confrontation was inside of the dug out.

“After playing 30 years of softball I know how emotions can get,” McKenzie said.

“I have heard cases like this before. There is probably enough evidence to find both of you guilty and enough question find both of you not guilty,” McKenzie ruled.

“I find both of you not guilty. The umpire should stay at home plate and if you have to compete you have to respect authority,” he told both defendants.

“I can’t prove who was the aggressor,” McKenzie ruled.

Brandon Gulledge, 1839 Hwy. 6 West, Marks, had a case continued for burglary of occupied dwelling and resisting arrest.

Derrick Brown, 107 Armstrong, Batesville, was referred to the grand jury for felony possession of marijuana with intent.

Kendall Tucker, 100 South Chambers St., Winstonville, was fined $428 for simple possession of marijuana.

Donna Rowell, 124 Dell, Batesville, paid fines of $210 prior to court for public drunk.
Rowell also had old fines of $242 that have been due since April 2012.

Damon L. Andrews, 107 MLK 4-D, Batesville, entered a guilty plea to malicious mischief by breaking a window. He was also ordered to pay $138.20 in restitution.

Kendrick D. Flowers, 204 Claude St., Batesville, entered a guilty plea to disorderly conduct-failure to comply by running from police after breaking a window screen out of Timeka Pugh’s home.

He was also charged with malicious mischief for the window.

Pugh identified Flowers to the judge in court.

“He was standing by my window with a hoodie and I saw his face. I ran and called 911,” Pugh testified.

“Do you think he was trying to break in?” the judge asked.

“Yes sir,” she replied.

Flowers’ total fines were $1,577 plus restitution to fix Pugh’s door.

Sharon Williams, 500-C Armstrong, Batesville, had a case set for trial in November after entering a not guilty plea to simple assault.

Lisa M. Ferrell, 41 Scott Rd., Batesville, entered a guilty plea to shoplifting from Wal-Mart. She was fined $1,133.

Houston Burdette, 4917 Curtis Rd., Batesville, entered a guilty plea to shoplifting from Wal-Mart. He was fined $1,131.

Bobby Harrison, 821 JR Johnson Rd., Sardis, was fined $1,131 for shoplifting.

Jasmarioius Robinson, 216 1/2 West, Batesville, entered a not guilty plea to domestic violence-simple assault. A trial was set for November 6.

Latoya Lewis, 1034 Sutton Circle, Tunica, failed to appear to answer contempt of court-olds fines of $1,063 that have been due since August 2011.

A warrant was issued for her arrest.

Michael Rudd, 1250 Shiloh Rd., Courtland, had a DUI-refusal case continued.

Timothy B. Sanford, 8 Old Hwy. 51 South, Courtland, had a case for DUI and improper equipment remanded to the files after his attorney,  Tom Womble and the city’s prosecuting attorney, Bob Morris came to an agreement that Sanford will attend a victim’s impact class and pay the fines of $934.

Johnathan Sartin, 226 Eureka St., Batesville, had a case for domestic violence-simple assault dismissed after a short trial.

A.Z. Moore, 200 Van Voris, Batesville, was found guilty of public drunk, disorderly conduct-failure to comply and resisting arrest.

No fine was imposed.