By Rupert Howell
Circuit Judge Jimmy McClure Thursday in Sardis found probable cause for a Mississippi Highway Safety Patrol Trooper to face charges following a June 3 incident when he allegedly slung a Tallahatchie County Deputy Sheriff against his car.
Highway Patrol Supervisor Dino Stutts is accused of “slinging” Tallahatchie Deputy Benjamin McKinney, both long time law enforcement officers, against his patrol car holding his arm behind his back, following a disagreement over whether an auto accident occurred on state highway or county road.
The one-car accident occurred near Enid on Enid-Teasdale Road in Tallahatchie County, east of the railroad track where state maintenance ends.
On the witness stand, Stutts refuted much of the testimony offered by Tallahatchie Deputies McKinney and Bubba Williams.
Tallahatchie County Attorney Carol Turner attempted to bring out past instances of aggression by the trooper, most of which was thwarted by objections from Stutts’ attorney, Daniel Sparks, of Oxford.
McKinney testified that Stutts decided patrolmen would not work the wreck stating it was not on a state highway. He told Stutts that he would work the wreck himself and would call Stutts’ supervisor the following Monday. Stutts left his car, grabbed him and threw him against the car holding him there for a minute or so, according to testimony that was confirmed by Williams.
Both deputies stated Stutts said, “You’re not going to disrespect me like that,” prior to him leaving the car.
Stutts stated he left his car after McKinney became belligerent and testified that McKinney said, “You so stupid you can’t tell it’s a state highway and you are a supervisor,” a comment that Deputy Williams’ testimony said didn’t happen.
Stutts also said he grabbed McKinney only because, “His right hand went toward his gun belt,” while later agreeing with his attorney he used the least amount of force necessary to calm the situation.
McClure ruled there was enough evidence to find probable cause and Stutts was released on his own recognizance.
Tallahatchie County Sheriff William Brewer took the witness stand briefly during the hearing.