By Emily D. Williams

Two simple assault cases were dismissed due to lack of probable cause by Judge Bill McKenzie during Batesville Municipal Court Wednesday.

“This is a very unfortunate case and who threw the first punch is what determines whether it was a fight or an assault,” McKenzie ruled after hearing testimony.

Affiant Gary Howard testified concerning assault charges filed against George Gross, 2881 Terza Rd., Batesville and Calvin Ales, 91 Pegues Circle, Batesville.

Howard testified he and his girlfriend Sharon Reeves walked into the Huddle House a little after midnight July 21 and when they tried to sit down George Gross told them, they weren’t welcome to sit there.

“I thought he was playing so I sat down. He stood up and was raising cain and I was leaving,” Howard said.

“When we got outside he called me a redneck honky and Ales started kicking me, and, well, I don’t remember what happened after that,” Howard said.

Howard testified he received medical treatment after the incident, with stitches in his head and above his eye.

“Did you know these men before this?” asked McKenzie.

“No, sir, the only thing I can think of is because I was with a black girl.”

Keneshia Braxton, the manager of Huddle House, said when she confronted Gross that he started cussing her.

“I ain’t going to lie. I took a butcher knife and ran outside and Calvin was hitting and the other (Gross) was kicking him.”

“The manager asked us to leave and we did,” said Ales.

Gross said, “I’m going to remain silent. There’s not much I can add to it.”

“I am not convinced it wasn’t self defense. I am dismissing the criminal charges because I am not convinced of the sequence of events,” McKenzie ruled.

Alan Smith, 335 Hays, Batesville, was referred to the grand jury for felony malicious mischief. He also had old fines of $436 that have been due since May.

His bond was $7,500. A preliminary hearing was set for October 3.

Holly Williams, 262 Bill Wallace, Sardis, bonded out prior to court and will have an embezzlement case bound over to the grand jury.

David Casey, 411 1/2 Armstrong, Batesville, was referred to the grand jury for armed robbery.
His bond is set at $10,000.

The judge remanded a charge of dog-at-large violation after owner Rebecca D. Mayo, 102 Stevens Lane, Batesville, said she would take the dog to a new home in the country.

Antonio Crump, 430 Tubbs Rd., Batesville, entered a not guilty plea to domestic violence-simple assault by causing bodily injury. His trial was set for October 3.

Hardin B. Snyder, 3589 Hwy. 51, Pope, entered a guilty plea to minor in possession of alcohol. He was fined $335.

Derrick Brown, 107 Armstrong, Batesville, entered a guilty plea to simple possession of controlled substance (marijuana). He was sentenced to 10 days in jail which he already served awaiting trial.

Dekedrick A. Mister, 212 Noble St., Batesville, entered a guilty plea to willful trespassing at Burke’s Outlet on August 27.  He was given time served for the six days in jail and entered the city work program for four days.

Damien Lewis, 206 Tubbs, Batesville, entered a guilty plea to petit larceny by taking money from Keshundra Russell’s purse at Waffle House on August 18. He also had old fines of $1,224 that have been due since April, 25, 2012.  He also owes $130 in restitution.

Tiffanie Gatlin, 274 Cherry Bank, Courtland, paid her fine of $315 in full prior to court for simple assault.

Justin D. Market, 3408-B Eureka Rd., Batesville, entered a not guilty plea to simple assault. A trial was set for simple assault.

Michael Cooper, 155 MLK, Batesville, entered a guilty plea to domestic violence-simple assault. He was fined $404.

Kashundra Henderson, 125 Jackson, Batesville, entered a guilty plea to simple assault against Demesha Hendrix. She was fined $315.

Terrica Wilson, 205-A Leonard St., Batesville, entered a not guilty plea to simple assault.

Tanya Henderson, 307 Armstrong, Batesville, entered a not guilty plea to two counts of simple assault against Demesha Hendrix and Lachandra Flowers who made the charges on her minor daughter’s behalf.

Willie M. Woods, 247 CR 352, Oxford, failed to appear to answer a shoplifting charge.

Kayla M. Corbett, 275 Forest Dr., Sardis, entered a guilty plea to shoplifting. She was fined $1,133.

Larry Taylor Jr., 414 Fredrick St., Sardis, entered a guilty plea to shoplifting from Wal-Mart. He was fined $1,133.

Brian Comer, 214 Hays, Batesville, had a case for DUI-first, driving while license suspended and expired tag continued so he could seek counsel.

Verkedra Hall, 86-A Hemmingway Rd., Sardis, was told to have her old fines of $905 paid in full by September 14 or serve 90 days in jail.

Yolanda Smallie, 2053 Seven Rd., Batesville, was found not guilty of simple assault against Dorothy Weeks who filed on behalf of her minor daughter.

Jada Mayer, 525 Morris Lane, Batesville, has been banned from all Walmart stores after she pleaded guilty to shoplifting. Mayer also had old fines of $1,402.50 making new and old fines totaling $2,532.50.

John H. Mill Jr., had charges for open container and careless driving remanded after entering a guilty plea to DUI. He was fined $776.

Tickets

Zetarus J. Coleman, 117 South Panola Ave., Crowder, was fined $205 for no proof of insurance.

Adell Booker, 198 Chickasaw Ridge, Pope, was fined $986 for driving while license suspended and no proof of insurance.

Terrance B. Clark, 3258 Macedonia Rd., Batesville, was fined $381 for driving while license suspended.

Jessica A. Smith, 818 Park St., Crenshaw, was charged $205 for no proof of insurance.