Thursday, March 16, 2017

McDonald's family sues Wayne Parish

  WARNING: GRAPHIC & VIOLENT VIDEO FOOTAGE

The mother of a teen killed last summer sued Wayne Parish and his company in Hinds County Circuit Court yesterday.  Parish shot and killed 17 year-old Charles McDonald, Jr.  during a struggle over a gun at Performance Oil on McDowell Road on July 21, 2016.   A Hinds County grand jury indicted him for first degree murder in October.  He is free on a $50,000 bond. Attorney Carlos Moore represents the plaintiffs.

Yvette Mason-Sherman attempted to take her son to the  Henley-Young Youth Detention Center on the day of his death.  The troubled young man figured out where he was going and jumped out of the car and ran away.  Troubled because his mother said he had been at Henley-Young eight times in the last two years.

Performance Oil is next door to the detention center.  The security camera video (posted below) shows McDonald walking across the property of Performance Oil.  A Lexus ES350 attracted his interest.  He picked up an object and apparently tried to smash open a window and gain access to the vehicle.


The video shows Mr. Parish coming out of the office and confronting McDonald.  The police report states the Vice-President of Performance Oil was carrying a Smith & Wesson .38 revolver.  Mr. Parish chases McDonald around the car.  McDonald then charges at the businessman. There is a struggle and both men are apparently fighting over the gun.  McDonald crumples to the ground when shots are fired as the rounds struck him in the upper torso.  A pick-up truck pulls up and a woman who knew the deceased gets out of the vehicle.  Police arrived on the scene within two minutes.  The police report states that Mr. Parish submitted to an interview and was not charged with a crime.  It also states the case was sent to a grand jury.


 There were two outstanding warrants for McDonald's arrest at the time of the shooting. One involved a police chase. The motion for bond states that he was "involved in a house burglary and almost shot by homeowner."

The lawsuit states:

9. On or about July 21, 2016, Plaintiff was transporting her son, Charles McDonald, Jr., to the
Henley-Young Juvenile Justice Center, which is next door to Defendant POE.

10. Upon arrival at the juvenile justice center, Decedent fled Plaintiff's vehicle and ran to POE. Defendant Parish exited the store with a gun and aggressively approached Charles McDonald, Jr. in
the parking lot. Subsequently, an altercation began between Charles McDonald, Jr. and Wayne Parish.  Charles McDonald, Jr. grabbed the gun and a struggle ensued; thereafter, Decedent was shot by Defendant POE. Charles McDonald, Jr. suffered multiple gunshot wounds to the upper torso....

The plaintiffs admit that the teen grabbed the gun and struggled.  However, Mr. Moore invokes some premises liability to impute liability to the defendants:

12. At all times pertinent Decedent was an invitee of the Defendants. As an invitee, the Defendants owed a duty to Decedent and other invitees to maintain the premises in a reasonably safe manner and to warn of known dangers.

13. As a direct and proximate cause of the Defendants' failure to maintain the premises in a reasonably safe manner, Decedent was injured. He experienced excruciating pain and expired on July 21, 2016. Plaintiffs experienced and continue to experience excruciating pain and suffering as a result of the death of Decedent.

14. Defendants failed to provide adequate security which would have deterred Defendant Parish from exiting the store, in possession of a firearm, posing and ultimately causing harm and the death of Decedent...

15. Defendants, at all times relevant hereto, failed to provide reasonable and adequate protection for Plaintiff and other invitees on the premises despite their knowledge, actual or otherwise about the danger existing there.

The lawsuit asks for actual and punitive damages.  The case is assigned to Judge Bill Gowan. 

Earlier posts
Parish bond set at $50,000.
Parish's son accuses D.A. of "grandstanding."
Was it murder? We report, you decide. Video of shooting.
Arrest made in thief's death.
No Comment (WJTV story)
Here comes the lawsuit.







28 comments:

Anonymous said...

They have a bad joke for an attorney.

Anonymous said...

I can't believe that we have let this country get to this point. A juvenile delinquent walks on to the property and attempts to steal a car. He enters into a physical altercation with an employee and gets killed and now the miscreants family has the nerve to sue the business and the employee for failing to protect the kid. Someone tell Carlos that an invitee is someone who comes on to your property "for the mutual gain or benefit of both parties". Ex. a customer coming into a restaurant. What business did Charles McDonald Jr. expect to do with Performance Oil Equipment? FYI, stealing a Lexus is not a "mutual gain" scenario.

Anonymous said...

The child/victim/invitee/almost honor student was pronounced "death" according to paragraph 11.

Surely, Judge Green will bless Mr. Parrish as she has with all the other violent criminals she encounters.

Kingfish said...

Read the post. The case is assigned to Gowan. The criminal case is assigned to Judge Kidd.

Anonymous said...

He was a trespasser not an invitee. Based on my experience, this case will likely be dismissed on a Motion to Dismiss and/or Motion for Summary Judgment before Judge Gowan.

Anonymous said...

Forget drastic reduction of the value of your house, the lunar potholes, the lack of potable water, the blatantly thieving local gov't, the mad max driving, the disappearing tax base, etc.

Get out of Dodge City because if you injure someone trying to kill you, a Hinds County jury can give the criminal's family all of your, and your employer's, money. The End. [Literally.]

Anonymous said...

Carlos is only seeking justice for this family's great loss. Remember this young man's life had value. Who knows what he might have grown up to become... first-class bank robber, drug dealer, rapist, or maybe if he had won that struggle, Parrish could have been his first murder victim. Now we'll never know. What a shame.

Anonymous said...

Why does the video have a Jackson Jambalaya stamp on it? You didn't record or own it and its not the property of the blog.

Anonymous said...

10:23, why don't you just stay out of Dodge since you are so worried. I'll take the gamble that there isn't a Hinds County jury that will return a verdict despite Carlos's great attempt to make this into a case. In fact, this case will never even see a jury after Judge Gowan reads the briefs.

Anonymous said...

“He picked up an object and apparently tried to smash open a window and gain access to the vehicle.”

Seems like he just vandalized the vehicle instead of actually “stealing” it. I didn’t grow up in Mayberry, but I thought you had to steal something for it to be stolen.
Oh oh oh oh attempted to steal, I see what you thought there. Well wouldn’t the individual have to “Break in” first and physically enter the vehicle? I’ve seen videos of people vandalizing cars by breaking the windows, slashing tires, and even spray painting obscenities. Well I see this case being more of the dead being on trial instead of Mr. Parish. He’ll walk on both, but his savings will be hit hard.

Spots Forest's Cousin.. said...

11:08 - You might not have grown up in Mayberry but you damned sho appear to live in Gumpville.

Anonymous said...

Attorney Carlos Moore what a joke; No other UP STANDING ATTORNEY would touch this case with a 40ft pole.

Anonymous said...

11:08. i'm guessing you want the thug to graduate to the next level instead of what was a great outcome for the citizens of jackson..


Anonymous said...

Mud on the wall lawyering,if he has personal liability insurance, the Insurance company is drawing up an offer as we speak. Don't blame Carlos, that's what they teach in every law school, especially here in Mississippi.

Anonymous said...

I really thought this case would have been dropped by now. This woman seems to be very eager to profit off of her son's death. How sad. I can only imagine what his life was like with her. I remember a guard from Henley Young saying that they provided McDonald Jr with all the things his mother did not, like a roof, food, etc. Now she wants to profit off of his death? Notice that she didn't even touch him in the video. They would have had to pull me off of my child if he was laying there dying but she was on the phone. Very strange. Maybe this case will be dropped as it should be. No one should be able to go on someone else's property and terrorize the people there.

Anonymous said...

If Mr. Parish pursues a defense under Mississippi's castle doctrine (and is found not guilty), would he not be immune from any civil damages?

§ 97-3-15. Homicide; justifiable homicide; use of defensive force; duty to retreat
(1) The killing of a human being by the act, procurement or omission of another shall be justifiable in the following cases:

(e) When committed by any person in resisting any attempt unlawfully to kill such person or to commit any felony upon him, or upon or in any dwelling, in any occupied vehicle, in any place of business, in any place of employment or in the immediate premises thereof in which such person shall be;

(f) When committed in the lawful defense of one's own person or any other human being, where there shall be reasonable ground to apprehend a design to commit a felony or to do some great personal injury, and there shall be imminent danger of such design being accomplished;

(5) (b) The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant acted in accordance with subsection (1) (e) or (f) of this section. A defendant who has previously been adjudicated "not guilty" of any crime by reason of subsection (1) (e) or (f) of this section shall be immune from any civil action for damages arising from same conduct.

Anonymous said...

There are several jurisdictions in which this civil action could be litigated. Doesn't have to be in Hinds County.

Anonymous said...

Asking the attorneys in the room...please track my thought process here and see if I understand this correctly:

The whole argument for the civil case pivots on the perspective that McDonald Jr. was an invitee. And given that in civil cases, the burden of proof only needs to be at 51%, they would only have to prove that McDonald Jr. had the right to be on POE property (which he initially did), but then they'd have convince the majority of the jury that he would've been shot regardless of what happened over the vehicle. Am I close here?

I remember the story quite well, but I definitely missed the part where a grand jury indicted Parish. I thought this would've never gone to trial.

Anonymous said...

This is going to cost this poor man a lot of money defending himself from this juvenile delinquent's mother!!

Anonymous said...

Thought it was his secretary's car! What was he protecting!

Anonymous said...

Donner got played. Watch the video yet Donner?

Anonymous said...

11:07

I am in Jacktown everyday; not 'worried', as I am smart enough to have extracted my family from there quite a while back... when you could still sell for a decent price.

You might be right about Gowan, but I am pretty sure you haven't tried many cases in front of Hinds Co. juries--

10:23

Anonymous said...

A person who comes onto the property of a business to destroy/rob is NOT an invitee.

Anonymous said...

2:15 - I'm thinking something like he had a revocable license to be on the property, and when he started beating on the Lexus, his license was revoked and he became a trespasser. But heck, it's been years since I took Torts, and I've never practiced that kind of law. Torts is just a jumbled mess of pseudo-logic, and you can find a rationale to support whatever decision you want. It basically boils down to a determination of fault, in my view, and then you can back into some reasoning citing yatta yatta precedent or the Restatement of Torts. Given that, I think this case will turn on how the judge (dismissal, summary judgment) or the jury (verdict) views the facts and whether they think the Defendant overreacted.

Anonymous said...

How much of this crap do we have to put up with before the Bar censures or yanks the law license of RSS and Carlos Moore?

Anonymous said...

That was a public service. If the thug had gotten the gun he would have murdered the guy. If you think the thug had the right to walk onto someone's property and destroy their car, you are a simpleton. The best thing this criminal ever did for his mom was get killed in the commission of a crime. She can go to Hillary rallies for the rest of her life and get a good seat.

The deceased violent thug will earn more money for his family and the many babies he randomly fathered by getting croaked than he would have ever done otherwise. Two things never happened in his life. 1. He was never late for work. 2. Apparently, nobody ever told him not to attack armed men.

Anonymous said...

12:39 brings up a good point. Who knows how we would react in the situation, but why the heck does the mother never touch her child! And now she is trying to make money off of her kid screwing up while trying to steal a car. How sad. Do that in a civilized, educated community and see if you have any friends.

Also, as far as the mother's lawyers go. Carlos and Tucker look so fake. !) Carlos looks like a fool with the way he trims his facial hair, and 2) does anyone find Tucker's biography weird on their website.

Anonymous said...

Good shoot; hope he is acquitted and the civil case thrown out as having no merit.

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