City Court 12/11/15

Published 12:00 am Friday, December 11, 2015

Judge finds man guilty of animal cruelty for malnourished dog

By Emily Williams
Judge Bill McKenzie found a Batesville man guilty of animal cruelty during Batesville Municipal Court Wednesday.
Captain Jimmy McCloud with the Batesville Police Department testified they received over a dozen calls and complaints about a dog in city limits being neglected and living in poor conditions, reportedly at the residence of  Quantin Q. Lee, 208 Broad St., Batesville.
McCloud said he went to the residence and saw how malnourished the dog, a brown pit bull, was.
“He had a heavy chain on his neck and there was no food our water out. He had been deprived of adequate food and water for some time,” McCloud testified.
McCloud said he and the animal control officer took the dog and they have been feeding it since November 12.
“We took the dog and fed it and the next day he came in and reported the dog stolen. I told him the dog was not stolen and showed him this citation,” McCloud testified as he handed a copy of the citation to the judge.
McCloud showed “before” and “after” pictures of the dog.
Within a few weeks’ time of being fed the dog had gained weight and looked dramatically different.
When the judge asked Lee his side of the story, Lee said, “I was notified. The people in my neighborhood have been complaining of my dogs barking. I can’t stop them from barking.”
“You aren’t being charged with dogs barking,” the judge explained.
“The bigger issue is whether the dog was fed or not,” McKenzie said.
Lee went on to say he was not notified and it was his neighborhood that was the problem.
“It isn’t whether you were treated right or not. The question is whether this dog was treated right,” McKenzie said.
“Why do you keep these type dogs?” the judge asked.
“I’m legally blind. He looks skinny in the picture because the chain makes him look that way,” Lee replied.
“Do you work anywhere?” the judge asked.
“No,” Lee replied.
Lee told the judge he would take the dog to his mother’s house in the county on Eureka Road.
“The evidence in this case is shocking and there is evidence this dog was in really bad shape,” the judge replied as he found the defendant guilty.
The fine was suspended pending Lee’s following through with taking the dog to the county and not returning it to the city for any reasons.
Theron L. Hervey Jr., 204 Panola, Batesville, was referred to the grand jury for burglary of an occupied dwelling and grand larceny.
Detective Justin Maples testified he was investigating a crime that occurred on September 15 involving the theft of a 46-inch TV and a jewelry box with $1,000 worth of jewelry in it, belonging to a resident on Harmon Road in city limits.
Hervey was represented by attorney David Walker.
Det. Justin Maples testified two other people involved with the burglary told details about Hervey’s involvement. Hervey goes by the name “Stank.”
“How do you spell ‘Stank’?” Hervey’s attorney asked Maples.
“Well, I’d assume, S-T-A- N- K,” the detective answered.
Maples testified that the Oxford Police Department is also investigating a crime involving “Stank.”
Hervey was referred to the grand jury after his prelimary hearing and his bond was reduced from $200,000 to $25,000.
Cedric James Curry, 6040 Curtis Rd., Batesville, requested a preliminary hearing for aggravated domestic violence. He also had old fines of $2,102 due since December 2012.
“Is your family going to get you a lawyer?” the judge asked.
“No. I’ll be my own lawyer if I have to,” Curry said loudly.
A hearing will be held Wednesday.
Toborris T. Lee, 190 Bill Wallace, Sardis, had a preliminary hearing for robbery and simple assault that allegedly occurred January 16, 2015.
Due to lack of sufficient evidence the case was dismissed. He was represented by attorney David Walker.
Lyndon Mosley, 331 Greg Taylor, Batesville, was represented by Walker during a preliminary hearing for burglary and petit larceny that allegedly occurred November 16 at Holiday Inn.
Mosley’s case was dismissed due to lack of probable cause. He is being held in jail on other charges.
Lynell Stamps, 855-B Shady Grove, Batesville, was found guilty of domestic violence-simple after a trial.
The victim, a college student, was taking final exams and could not be in court, but  her mother was there to testify on her behalf.
“Judge, I am not trying to be disrespectful. But I am so tired…I just can’t take it anymore. The kids saw him looking in our window. I’m afraid for my life and my daughter’s life. Yesterday he tried to run her off the road on her way to school in Oxford,” she pleaded.
Stamps had a strict protection order written October 28 by Judge Jay Westfaul. He was told to stay away from the victim.
Stamps was being held in Oxford County jail awaiting trial for allegedly trying to run the victim off the road.
The judge had found him guilty of the charges pressed on September 28 after officers testified and showed picture evidence of the injuries.
“We were called several weeks after September 28 on Van Voris because he was following her,” Lt. Billy Sossaman testified.
Judge McKenzie told Stamps to leave the victim alone and extended the protection order. He was fined $417.
“You have no reason to contact her. You two don’t have children together, stay away from her,” he ordered.
Johnathan K. Green, 5827 Tchulahoma Rd., Southaven, had an embezzlement charge from Goody’s dismissed after the affiant failed to appear to prosecute.
The judge dismissed the case of Jamarvis Banks, 1668 Woodruff, Batesville, after the affiant, Pearl Lean Anderson, who filed the malicious mischief charge, was not in court to testify.
A guilty plea to misdemeanor embezzlement was entered by Deprician D. Shegog, 145 Panola, Crowder, who admitted he stole $150 cash from his employer, Burkes. He was fined $348 and ordered to pay restitution.
T. Terry Williams, 1178-A Travis Road, Batesville, pleaded not guilty to a charge of simple assault filed by Chris Cassidy.
The judge set a January 13 trial.
Daryl Morgan, 107 Williams St., Batesville, pleaded guilty to DUI first-refusal, driving while his license was suspended and no proof of insurance. He was fined $1765 and was ordered to pay old fines of $417.
Jermarcus D. Nelson, 201 Atkins St., Sardis, failed to appear in court to answer charges of false information, driving while his license is suspended, switched tag and no proof of insurance. Pugh Bonding was notified.

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