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Southaven, Mississippi “Trip and Fall” Results in $1.15 Million Verdict for Horn Lake, Mississippi Couple

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On December 23, 2007, Horn Lake, MS resident Vicki Whiteaker was shopping at the Fred’s Dollar Store in Southaven, MS picking up last minute Christmas items. While exiting the store and watching for traffic in the busy parking lot, she fell over a barricade that was placed in her pathway to the parking lot by Fred’s employees. This barricade (measuring just 12 inches off of the ground–about the height of a trip wire) was installed approximately six months before her fall, and was supposedly installed to deter shoplifting.

As a result of her fall, Ms. Whiteaker suffered life altering injuries to her left arm and her right wrist. In addition, the fall broke several of her teeth. [Read more…]

Horn Lake, MS Motorcycle Accident Results in Wrongful Death of Byhalia, MS resident

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A 30-year-old Byhalia man was killed in Horn Lake, MS Wednesday night when his motorcycle collided with a car. The Commercial Appeal in Memphis, TN reports that the fatal North Mississippi motorcycle accident occurred at 11:30 p.m. on the corner of Miss. 302 and U.S. 51, in front of the McDonald’s restaurant. Horn Lake Police Department Lt. Scott Evans said the Byhalia motorcyclist, driving a 2001 Suzuki, hit the front of a Ford Mustang that was pulling out of the McDonald’s parking lot. The 18-year-old driver and a 22-year-old passenger in the car both fled the scene after the crash. The driver was found later at his home in Southaven, MS. The passenger was also found near the crash scene, and both were detained and later released pending charges as the Horn Lake Police Department investigates the accident. [Read more…]

Mississippi Felony Expungement Statute Amended to Include More Eligible Charges

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The Mississippi Legislature voted to amend the state felony expungement statute, Mississippi Code Annotated § 99-19-71. Under the amended law, the following felonies may be expunged: passing a bad check, possession of controlled substances including marijuana or drug paraphernalia, shoplifting, malicious mischief, larceny and false pretense. In order to qualify, the offender must have successfully completed all terms of his or her sentence at least five years prior to seeking the expungement. Those who qualify may file their petition through an attorney in the court in which they were convicted. Only one felony may be expunged.

Under Mississippi law, any misdemeanor, with the exception of traffic offenses, may be expunged from a person’s record.

If you are interested and think you may qualify for an expungement, you should not hesitate to contact a qualified attorney to assist you. One mistake can haunt you for a lifetime. Clearing your record could be the first step to moving on with the rest of your life, including restoring your voting rights and your right to own a firearm.

Desoto County, MS Sheriff v. City of Southaven Mayor-What To Do With Non-Violent Offenders

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A strong disagreement is brewing between Bill Rasco, Desoto County, MS Sheriff and Greg Davis, City of Southaven mayor on the topic of what to do with Desoto County’s non-violent offenders. Jail them?? Or give them House Arrest??

 

According to Bill Rasco, the county jail is extremely overcrowded (The jail capacity is 395 prisoners. For the last month, the jail has averaged more than 430 prisoners) with prisoners being held for non-violent, misdemeanor offenses. As a result, jail officials claim that they cannot adequately care for the inmates and the tax payers are being forced to bear the financial burden of having to house these individuals at a daily rate of approximately $20.00.

Thinking outside of the box, Rasco has recommended housing only the violent criminals, and issuing ankle bracelets used for house arrest to those serving a sentence for non-violent offenses such as shoplifting, DUI, disorderly conduct, public drunk, and other less serious traffic offenses. The daily cost of the ankle bracelets is about half and paying for them will be the responsibility of the person serving the sentence as opposed to the tax payer. Good idea????

Not according to Southaven city mayor Greg Davis. Why not? Davis says that he must insist that non-violent offenders be put in jail no matter what the cost. He claims that this is to protect the greater public and to uphold the decisions of the municipal court judges.

While Mayor Davis and the City of Southaven have done a commendable job of deterring crime and are notorious for being “tough on criminals”, it would appear that the City’s stance against granting house arrest may be more of a political response than one based upon sound logic. If the reason were truly safety of the citizens of Desoto County, shouldn’t we first insure that there is adequate room in the jail to lock up the VIOLENT offenders? Don’t we want to make sure that there are adequate numbers of jail officials to actually guard the VIOLENT offenders?

I see only two options:

(1) Pick the most dangerous criminals, lock them up, and put the non-violent criminals on house arrest, while allowing them to work, earn money, and actually pay the full restitution for their crimes. This insures that not only are tax payers not burdened by the cost of their incarceration, but also that full restitution is actually paid. The public is no more unsafe, as these individuals are non-violent offenders.

(2) Raise taxes on the citizens, build a jail big enough to house all of Desoto County (if needed), and hold people in jail until they can pay restitution (a/k/a “debtor’s prison”)–while keeping in mind that most, if not all of those individuals that once had paying jobs will be fired when they do not report to work because they are in jail. This will shift the burden of payment to the tax payer and only further weaken the local economy.

As a tax paying citizen of this County, I vote strongly for Option No: 1.

Driver Killed in Oktibbeha County Tractor-Trailer Crash

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One man was killed and another seriously injured on U.S. Highway 82 in Oktibbeha County when a tractor-trailer apparently rear-ended a Dodge pickup truck, pushing it into a blue Ford tractor. The driver of the tractor was pronounced dead at the scene of the crash while the driver of the Dodge pickup was air-lifted to North Mississippi Medical Center in Tupelo. No identities have been released at this time.

It is important to remember that if you have been involved in a serious automobile accident, or if you have lost a loved one to a crash, you should not speak with the at-fault driver’s insurance carrier until you have consulted an attorney about your rights. Insurance companies and trucking companies, who are looking only at their bottom line, will often attempt to persuade unrepresented parties to settle for less than they may be entitled to. [Read more…]

Sardis, Mississippi Motorcycle Accident Claims the Life of Batesville, Mississippi Soldier

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On August 28, 2010, Private First Class Shedrick Gordon of Batesville, MS was tragically killed in a motorcycle accident near Sardis, MS.According to the National Highway Traffic Safety Administration statistics for the State of Mississippi, in 2008, out of 28,171 registered motorcyclists, approximately 40 people were killed in motorcycle accidents. Of those 40 fatalities, only 80% were wearing a protective helmet.

While it has been proven that wearing a helmet can save lives, as noted above, it is not always a sure thing. Sometimes injuries result from equipment failure or malfunction, poor design of the motorcycle, or lack of proper safety instruction. Other times, the accidents are caused by other drivers who either fail to pay attention, who are speeding, or who are otherwise driving recklessly. [Read more…]

Olive Branch, MS DUI More Serious

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By Philip Stroud on August 9, 2010 9:59 PM | Permalink

As a part of the national “Over the Limit, Under Arrest” campaign, Olive Branch Police Department is launching an intensive campaign to crack down on DUI or driving under the influence. Olive Branch saw 147 DUI arrests last year, and 22 motor vehicle accidents with a driver confirmed to be alcohol impaired. Nationally, 32 percent of fatalities in motor vehicle accidents involve a driver with a blood alcohol content of .08 or higher. “All too often, innocent, law-abiding people suffer tragic consequences and the loss of loved ones due to this careless disregard for human life,” said Olive Branch Police Chief Don Gammage. “Because we’re committed to ending the carnage, we’re intensifying enforcement during the crackdown.”

Officers will conduct DUI specific checkpoints, and areas such as Goodman Road near Davidson, State Hwy. 178 near Old Craft Road, Goodman Road near Alexander and State Hwy. 305 near Church Road will be patrolled heavily, especially during high-risk nighttime hours reports the DeSoto Times-Tribune. During the crackdown period, Aug. 20 through Sept. 6, officers will arrest anyone they find driving impaired, no one will get off with a warning. “Our message is simple,” said Gammage. “If we find you driving impaired, we will arrest you. No exceptions. ”

According to the Olive Branch Police Department, violators often face jail time, loss of their driver’s license, increased insurance rates, attorney fees, court costs, lost time at work and potential job loss. “Driving impaired is simply not worth all the consequences. So don’t take the chance,” Police Chief Gammage said. “Remember, if you are over the limit, you’re under arrest.” Because of this, if you or anyone you know is charged with a DUI, it is very important to seek the representation of an experienced Mississippi DUI attorney to aggressively protect your best interests.

Memphis TN Dog Bite-Attack Results In Charge of Reckless Homicide of Pit Bull Owner

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A Memphis, TN woman, Sherry Wooten, 23, was charged with reckless homicide in the death of 71-year-old William Parker, who died of a heart attack after being attacked by pit bulls. Wooten was also charged with four counts of felony reckless endangerment in connection with attacks on four other people by the same dogs.

The pit bulls actually belonged to Bernard Humphrey, but Wooten, a friend of Humphrey, let the dogs loose on the day of the attacks. Police said Wooten was aware the animals were vicious. The pit bulls attacked Mr. Parker and his daughter, Gardenia Parker, after she ran to help him. Gardenia Parker said her life has been changed forever. “We have to wake up and live another day without him,” Parker said. [Read more…]

Desoto County, Southaven, Mississippi One-Car Accidents Leave Two People Injured

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On July 9, 2010, two people were injured in two separate one-car accidents on Interstate 55 in Southaven, MS–both auto accidents occurring within the same 12 hour period. Both accidents involved situations where the drivers lost control of their vehicle, veered off of the roadway, and crashed.

Fortunately for one of the individuals, his injuries were minor. However, the other individual, a Panola County resident, was airlifted to the Regional Medical Center at Memphis.

According to the National Highway Traffic Safety Administration, out of a total number of traffic fatalities in Mississippi in 2008 of 783, 503 were one car accidents. [Read more…]

Southaven, MS Shoplifting Yields 3 Life Sentences for DeSoto County, MS Resident

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By Philip Stroud on June 24, 2010 5:13 PM | Permalink

Shoplifting in Southaven, Mississippi lands a man in prison for life, without the possibility of parole. 44-year-old Darnell Wilson will serve three life sentences in Mississippi handed down to him on Tuesday, June 22, 2010 by a DeSoto County judge. The ruling stems from an incident in August, 2009 in which Wilson was arrested after stealing $900 in merchandise from a Kohl’s department store in Southaven, MS, and subsequently led police on a pursuit into Tennessee, injuring an officer in the process.

The sentence seems harsh to some, but DeSoto County Assistant District Attorney, Smith Murphey disagrees, stating ” the life sentence is not only justified, it was long overdue.” Murphey says, “It’s not just shoplifting, the endangerment of hundreds of people on Goodman Road. Anybody who’s driven down Goodman at 5:00 on a Friday knows the traffic. And for anybody to go down that road at 80 miles an hour, it’s reckless. A willful disregard for the value of human life.”

A DeSoto County jury convicted Wilson of three felonies; grand larceny, fleeing and assault on an officer. Wilson now has 19 total arrests, and seven felony convictions. That’s why Murphey says, when Wilson stepped into Mississippi, he wasn’t about to let him leave, “Habitual criminals are not going to be tolerated and this is a prime example. Mr. Wilson was arrested 18 times in Tennessee, he was arrested one time in Mississippi. I think the message and lesson is clear; the criminals need to stay out of Mississippi.”
In Mississippi, with two or more prior felonies, and at least one year in jail, a life sentence is actually mandatory by the court, unless a judge finds the sentence inappropriate. Although the severity of the penalties in this particular case may be subject to debate or disagreement, one thing is clear: Anyone who has been arrested for shoplifting in Mississippi should take the charges very seriously, and consult with a qualified Mississippi criminal defense attorney to aggressively defend your case. Though it may be an extreme example, Mr. Wilson’s case shows what can happen when arrests and convictions accumulate on a person’s record.

Reported by: Joy Lambert Email: JLambert@abc24.com Print Story Published: 6/23