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| Photo courtesy of Semo News Service Heather Ellis is shown after proceedings this week at the Dunklin County Courthouse in Kennett. Ellis is being interviewed after a three-day long trial, as she faced charges of assaulting police officers, resisting arrest and disturbing the peace. An entire transcript of testimony heard Thursday can be found inside today's Daily Statesman, beginning on page eight. |
By JIM SALTER
Associated Press Writer
KENNETT, Mo. (AP) -- A black school teacher who claimed white police officers abused and assaulted her agreed Friday to a plea deal convicting her of resisting arrest and disturbing the peace.
Under the deal announced late Friday, 24-year-old Heather Ellis avoided a felony conviction for her part in the scuffle at a Wal-Mart store in the southeast Missouri town of Kennett in January 2007.
The case drew national attention because it had racial overtones: Ellis is black and the customer she argued with, assistant store manager and police officers are white.
Ellis, a Kennett native who now teaches school in Louisiana, pleaded guilty to resisting arrest and peace disturbance. Prosecutor Morley Swingle dropped two felony counts of assault on a law officer.
Ellis will also be placed on unsupervised probation for a year, must serve four days of shock jail time and must attend at least two hours of anger management class. If she completes probation, her record will be wiped clean.
After the hearing, Ellis said it had been worth going to trial even though the plea deal was similar to one she had been offered before.
"I still think it's important my story got out," she said.
Swingle said he was pleased with the agreement and thought the penalty was fair -- there was never an intention to seek prison time for Ellis, he said.
As for Kennett, Swingle believes the town's reputation took an unfair hit. "This is not a racist environment," he told reporters, drawing loud boos from several black residents standing nearby.
Moments later, Dwight Montgomery, a civil rights leader from the Southern Christian Leadership Conference in Memphis, Tenn., accused Kennett police and other officials of bigotry.
"This is a terrible place," Montgomery said. "There's a lot of injustice here."
The issue of race was not prominently discussed in the trial, though in his closing statement, Swingle said Ellis and other defense witnesses were trying to portray Kennett, a town of 11,000 that is about 13 percent black, as "some racist Hooterville."
The case prompted rallies from Ellis' supporters and opponents. About 100 supporters rallied in Kennett on Monday; about three dozen counter-protesters gathered the same day, some showing swastikas or Confederate flags.
The situation arose nearly three years ago with a dispute over cutting in line. Ellis was then a 21-year-old college student home for Christmas break. Around 11 p.m. on Jan. 6, 2007, she and her 15-year-old cousin, David Taylor, went to Wal-Mart to pick up a handful of items.
When they got to the checkout line, aisle 13, it was moving slowly, Ellis testified. So she moved over to aisle 14 while Taylor remained in 13, to see which line would move faster. Soon, Taylor motioned for Ellis to come back to his line.
But when Ellis moved in front of customer Teresa Kinder, an argument began. Ellis admitted swiping Kinder's merchandise back four times while she tried to get her goods checked out.
An assistant manager and security guard soon arrived. The prosecution contended Ellis was belligerent and verbally abusive to Kinder, called the store staff names.
Ellis said Kinder shoved her and the assistant manager was rude. She denied making derogatory statements to store staff.
Police walked Ellis and her cousin from the store.
Ellis said Kennett officer Albert Fisher grabbed her by the back of the shoulder with such force that he ripped her leather jacket and swung her around. Other officers became involved and forced Ellis against the squad car, she said.
"It felt like I was being choked. My hair was being pulled," Ellis said. "I was saying, 'Help! Help! Somebody help me please Jesus."'
Ellis' aunt testified that she heard police use racial slurs against her niece and saw her being handled roughly.
Fisher testified that Ellis had been belligerent, and that she kicked him and hit another officer as she was being arrested.
Ellis was taken to jail and released early the next morning.
Once released, she went to a hospital emergency room. Dr. Benjamin Mozie testified that Ellis told him she had been assaulted and complained of neck pain, wrist injuries and a headache.
Defense attorney Scott Rosenblum presented evidence that had been discovered only Friday morning, when Ellis saw the leather jacket for the first time since the incident. Inside one pocket were documents from police and the hospital. Both, Rosenblum said, had blood stains from injuries to Ellis' wrist or hand.
Under questioning from Swingle, Mozie said he saw no evidence of any injury that would lead to bleeding. He also saw no outward signs of neck injury, but said Ellis' wrists were bruised.
Ellis teaches biology at a high school in Louisiana, where she is engaged to a state trooper. She is considering medical school.
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Boo! They should have taken it to trial and sent her away.
I'm sure that if I "split an officer's lip", I wouldn't be skipping away with one year's probation.
Whew!!!...sure glad that's over with. Did you notice...even AFTER she pled guilty and admitted her crimes the race-baiters still continued to portray her as the poor victim. Maybe those guys will crawl back in their hole now and let Ellis get on with her life and pay the piper.
Haha! She is considering medical school. She should considering finishing school instead, as maybe they could teach her not to cut in line and attack people.
How pathetic is the idea that a woman who would act that way could possibly have the intelligence or discipline to become a medical doctor.
All the money wasted, all the bad feelings, the idiots lured to Kennett, the ACLU,NCCAP,KKK and the skinheads all just to say "yes I am guilty of the crimes I stand accused of".
She admitted guilt so it's time for people to stop defending her and others to just forget about her.
She may have admitted to the lessor crimes but let anyone else kick,slap,bust their mouth,etc. to a police officer & the charges would Not have been dropped!!!Sounds more like She yells to "her people", get me out of this white/honky town, Not help me Jesus!Put a white person in same shoes & no charges dropped,if I was a betting person & if you did get to go to hospital it would be for far more than a headache,which I get from reading this trash & resist with hand cuffs, Yes ,you can have bruises for weeks & to finish this off, it would give anyone a pain in the neck. I'm trying to get medical health with no insurance,maybe I need to dye my skin.....must of been many threats to Kennett & or lawyer for them to back off. The whole racist deal...can't believe dexter paper would waste time on the trial ,etc.Everyone sees what is happening & most don't have nerve to speak up,somone might.......let's not go there.
She and her cohorts tried to make this a case of racial injustice and failed. This is a step backwards for those who genuinely are attempting to improve race relations across the country. I wonder if Mr. King would have been ashamed of her had he still been alive today.
Okay......Mr. Editor please replace the headline story with a good LOCAL event or happening. I have one for you...is the Dexter ELKS lodge folks delivering food baskets and gifts this year? I had the honor and privilege to ride with the DAD Dr. Northington a number of years ago as we made some deliveries in town and some rural routes.
I know there are still some mighty poor people in town who are so excited when a little helping hand is offered....and I'm talking about the ones who work very hard every day but just need that little extra around Thanksgiving and Christmas time. Please get those stories started and please always keep the CHRIST in Christmas in Dexter.
please excuse my grammar...should have been "are" the Dexter ELKS lodge folks"... Mrs Clodfelter would not be smiling at me right now. God bless her always... :-)
All this Drama and nobody wins, everybody looses.
Walmart I think you'll be paying for Heather Ellis's Med School tuition. She held out till the lady in the line, the clerk, and the Walmart supervisor were questioned under oath, and admitted what they had done, then she took the plea. Her attorney did turn out to be worth his weight in gold. I hope if I'm ever in a fix, I can get a high-powered attorney like Rosenblum. Ellis and others went through *ell for close to three years but the truth came out in the end. Congratulations Ms. Ellis. I'm white and I believed all that was said about you and the circumstances, until I read The Daily Statesman transcript of sort, and it was like a kick in the stomach to find out what really happened. All the one-sided reporting on CNN, MSNBC, FOX, Kennett, MO newspaper. You got some good counsel when they told you to hang in there and get the Walmart employees and customers, under oath and compelled to answer the questions.
Thanks, Statesman, for putting an AP story about this issue on your website. I enjoyed reading a review of the case from a distance.
Darcy, I don't have any idea what you're saying! Are you being sarcastic or serious?
GL, unfortunately, I think she is being serious. Sounds young and naive to me, but that is just an opinion and I may be wrong..imagine that.
Bearcat72...don't know about what is going on in Dexter with the gift baskets although I believe the Ladies' are working on some. Down here in Abilene, there are LOTS of things going on..in fact, Cowboy Church will be going out today to do some shopping to fill in with stuff that wasn't already donated.
goat lady - I'm being serious. Walmart will soon be paying Heather Ellis, and forced to take some action against the clerk, the supervisor, and Walmart security. If they don't want more major publicity they will settle before it goes to trial.
No, I'm not young and naive, I'm 58, and able to see this was really never a "police issue", it was a cocky Walmart clerk issue, a lady in line that decided she was going to jump in, in front of Ellis's cousin, a supervisor that only believed the Walmart clerk and NEVER attempted to get Ellis's side of the story. The supervisor was brought to tears on the stand when she realized the error of her ways. "Oh, my gosh my job might be in danger for the way I handled that situation. I was played by the Walmart clerk and I fell hook, line and sinker."
Yes, the Dexter Elks are passing out food baskets for Thanksgiving and adopting families for the Christmas season.
Darcy, isn't the trial over, and didn't Ellis accept a plea bargain? How could Walmart be responsible for paying her a settlement?
You are exactly right goat lady. It's done. Now, if Wal Mart management is forward thinking, they could use this as a training tool to prevent future problems. Of course, nothing will prevent people acting stupidly, but surely something can be learned from this...
I think she should've got some prison time, ev1 else does if you hit a police officer, i just flipped one the bird from my own yard & he told me i could go to jail for doing it, it would've been ok if he's finished mowing my yard for me. He had no business at the end of my driveway away. He best not come back either unless i call him, i'll point to the road so he can find it. They think their God because they wear a uniform & carry a gun & wear a badge.
Way too much Sunday paper devoted to the Ellis case! I understand from my reading that the NAACP and SCLC is not through with this case. They will be back to probably file lawsuits against the county, City of Kennet police department, and Walmart. Give liberal race baiters an inch; they'll take a mile!
the backwardx - you chose a good name for yourself. You can do a lot more with a medical degree than be a medical doctor.
Of course they will file a civil suit, wouldn't you if you did nothing wrong? Read the transcript (of sort) and then and only then will you see that Kinder, the checker, the manager, Walmart security, and other Walmart employees are responsible for everything that happened If Ellis didn't sign off on something saying she wouldn't sue the Kennett Police Dept. then you can bet she will and has a right to. Her attorney discredited everyone on the witness stand. She was guilty of nothing, but everyone believed the checker and not one person asked Ellis her side of the situation. I can't wait till the Walmart Seven or more are terminated, and Ms. Ellis files a civil suit against Walmart. Walmart is liable for all of the stupid employees actions. Totally, totally, totally incompetent employees. Now Walmart will pay a record amount the damage done to Ms. Ellis and her family. Her studies had to be put on hold, her parents have gone into debt, she certainly has a case for pain and suffering--three years of pure *ell. Not to mention Walmart bringing all the employees together on 3-4 occasions so everyone could tell their story and get their story straight. Attorney Sokolove did the same, he so screwed up he eventually recused himself. He should also be part of the civil suit. She is the modern day Rosa Parks. I am a white female, and CNN, MSNBC, etc., had me convinced Ellis was guilty lock stock and barrel. WRONG!!! This is an absolutely disgusting case of HATE and power. I'm thankful Ms. Ellis found Scott Rosenblum.
will let me start by saying i normally don't reply to this kind of nonsense but!!! 1. i think we all have looked up and down the aisle of the wal-mart check outs trying to find one that is open or not so full. 2. Ellis made the discussion to look for another line to check her items out and should have stayed in line 14 with her items like most normal people do. 3. if she might have asked T.Kinder to let her cousin pay for her items this might not of happen.
i wasn't there so i can't say what went down but what i think happen was a young hot shot BLACK lady had an attiude problem and when the costumer Kinder confronted her about cutting inline...well that sat the wheels inmoition.
i also think that she will bring a lawsuit against wal-mart,county and the police dept.
Ellis should be barred from any store in the future for being dummmm and stoopid.