CITY COURT 11/22/2013

Published 12:00 am Friday, November 22, 2013

Defendant resists officer during park sweep; tried and fined $947


By Emily D. Williams
After testimony from three different officers a Batesville man was found guilty of disorderly conduct-failure to comply and resisting arrest during Batesville Municipal Court held Wednesday.
Judge Bill McKenzie explained to Howard Nunaley, 311 Arizona, Batesville, the procedure that the arresting officer would testify first.

Nunaley previously entered a not guilty plea to the charge.

Sgt. Michael Hardin testified he originally went to Patton Lane Park after Officer Pittman called saying he thought there was illegal gambling going on behind the park.

Sign up for our daily email newsletter

Get the latest news sent to your inbox

Hardin said when the officers arrived the crowd dispersed.

Hardin said he walked through the “cut” a place he said people often run through when the police arrive.

“As I walked through the cut I saw Nunaley on a milk crate with loose marijuana in a his lap and marijuana bags on the ground around him,” Hardin testified.

Hardin said when he grabbed him to arrest him that’s when Nunaley pulled away and tried to run.

Lt. Kerry Pittman testified as the officers were doing a walk-thru he heard Hardin say, “stop resisting.”

So he walked over to see what was going on.

Pittman said Nunaley was resisting and trying to get away.

Sgt. Richard Stonestreet also testified Nunaley kept resisting even when they tried to cuff him he kept pulling his arm away.

“He was told multiple times to stop resisting,” Hardin testified.

“I wasn’t playing dice and they they were coming because folks were playing dice. They come to Patton Lane already thinking we are all criminals. Why didn’t he bring the bags of marijuana?” Nunaley asked the judge.

McKenzie asked the officers, “Why didn’t you bring the bags of marijuana that were on the ground?”

Hardin answered, ”He was not charged with possession of marijuana after after it was all over with the loose marijuana was gone. It was just loose marijuana in his lap,” Hardin explained.
The judge ruled, “This case has been proven beyond a reasonable doubt on both charges and the total fine is $947. Would you like to work it off?”

Without hesitation or argument about the ruling Nunaley replied, “Yea. I’d like to work it off.”
He was ordered to work eight days in lieu of paying the fines.

Kerrance Patterson, 67 Alred Rd., Courtland, was found guilty of domestic violence-simple assault. After a short trial he was fined $428.

Theresa L. Mullins, 3617 Shiloh Rd., Courtland, paid her fines of $210 in full prior to court for public drunk.

William H. Cole, 136 Hoskins Rd., Batesville, paid a cash fine of $313 in full prior to court for simple assault.

Ericka Gordon, 5865 Hwy. 6 West, Batesville, entered a not guilty plea to shoplifting $89 worth of items from Wal-Mart including detergent, chicken broth, gloves, hair relaxer and other items.
A young lady was standing next to Gordon.

“This is my daughter, she is the reason I am in this court room,” Gordon replied.
Gordon said she left her purse in the shopping cart with her daughter to keep an eye on it while she walked away.

“She put those items in my purse,” Gordon said.

“You must have a big purse. How big is detergent?” McKenzie asked.

“Yes I have a big purse. It’s a Coach bag.”

She said she paid for her items and as she walked to her car she heard someone asking about items that weren’t paid for.

A trial was set for December 18.

Gordon’s daughter will have her trial in juvenile court for the same charge.

Dennis Brown, 10383 Ballentine, Sardis, was fined $2,689 for false information, DUI-refusal, no driver’s license, no tag, no proof of insurance and improper equipment.

Latoya Lewis, 1034 Sutton Circle, Tunica, had a warrant issued for her arrest after failing to appear a third time to answer contempt of court-old fines of $1,063 that have been due since August 2011.

Jakessa Cole, 149 Victory Rd., Batesville, failed to appear to answer contempt of court-old fines of $1,621 that have been due since April 2013. Alright Bonding was notified.

Christopher Cockrell, 355 Rickridge Rd., Bartlett, Tenn., had a charge of careless driving remanded to the files for six months at the officer’s request.