Friday, May 12, 2017

Parish responds to McDonald's mother

Wayne Parish responded Wednesday to a wrongful death lawsuit in Hinds County Circuit Court.  Yvette Mason-Sherman sued Wayne Parish, his business partner Jimmy Ratcliff, and Performance Oil for wrongful death in the death of her son.  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. Attorney Carlos Moore represents Ms. Mason-Sherman. Mr. Parish places the blame for the young man's death solely on McDonald. 

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."
A Hinds County grand jury indicted him for first degree murder in October.  He is free on a $50,000 bond.

Mr. Parish states in his answer:

Defendant affirmatively pleads that some or all of the losses allegedly suffered by the Plaintiff, and which are the subject of Plaintiff’s Complaint, were cause entirely by the actions of the Decedent, and therefore, the Plaintiff is not legally entitled to recover damages from this Defendant..

Defendant asserts that the Decedent was a trespasser and he did nothing willfully or wantonly to injure the Decedent....

Defendant asserts that the sole proximate cause of the Decedent’s injuries and damages was the criminal conduct of the Decedent....
Attorney Robert Gibbs represents Mr. Parish. 


This is the video of the confrontation between Parish and McDonald.  It is violent and shows the death of McDonald.

Earlier posts 
Carlos Moore & McDonald's mother change story.
Mother sues Parish.
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.


Anonymous said...

Errybody want paid!

Anonymous said...

Today's media driven world = only whites can be racist.

Himds judicial system = every white is racist.

It's like when George Zimmerman shot the skittle thug, he wasn't Caucasian? But that's all media reported.

Shame on that McDonald Mom. In the video she doesn't even hardly go near her son, let alone touch, console, or try and comfort him. Just waddles around and makes a phone not to the cops or ambulance, cops were already there. Probably to the local t-shirt company to have shirts made for the "visitation" party.

Anonymous said...

Doesn't appear that MamaDearest came looking for young son, to take him back to Henley, until after he became involved in the altercation with Parish. Guess her 'intent' to have him reincarcerted really wasn't her first priority -- once he ran away she didn't rush over to pick him back up. Maybe she thought the Lexus would be a better ride than her pickup truck.

Anonymous said...

10:48- Do you kiss your sister on Mother’s Day with that mouth?

Anonymous said...

Robert Gibbs is an excellent lawyer. He will do a good job defending Mr. Parish. Additionally, this case is in front of Judge Gowan, probably the best judge to get it in Hinds County. He's no nonsense and will not let it languish forever.

Anonymous said...

I still can't believe that a grand jury indicted this man. If Parish would've shot him the second he came out the door, then you may have an argument...but it appears that he tried to chase him off at first. So many people are so quick to make things about race...but isn't assuming that someone is a racist, racist in itself??

And I'm probably gonna catch hell for this, but I can't say one way or another that because his mom didn't break down and cry next to his body that she didn't care about him, because when people go into shock - they react (or don't) completely differently. Witnessing death is very out of body. It feels like a dream of some kind. Maybe she expected the day to come and was better prepared for it. I don't know - she apparently cared somewhat for him because she was trying to take him into a correctional facility that day. I think this is more about what the attorney stands to gain from the case.

Kingfish said...

I imagine she was in shock. Traumatized.

Anonymous said...

selective indignation once again

Anonymous said...

Hey Donner, watch the video yet?

Anonymous said...

to 11:41am...... 'I STILL CANT BELIEVE THAT A GRAND JURY INDICTED THIS MAN" don't know much about the legal system do you?

Anonymous said...

To 1:09 - I guess not. My understanding is that if the police don't press any charges, then a grand jury may be convened by the DA. The DA will present evidence to the GJ...and the GJ will decide on the indictment based on that evidence. Now as far as what evidence is shown - whether that's selectable by the DA - I have no clue how that works. But if they saw the video, I don't understand how a majority (not sure of the % - but I know it's not 100%)...would see that as criminal, or even prosecutable.

Anonymous said...

To 2:23pm:
I was a GJ foreman about a year ago in Hinds County. Basically you sit in the room while this old white guy gives you a number and tells you a little summary of what the case is about. A very few times he called in a deputy or patrolman to give their take on the events. So yes, he absolutely gets to pick and choose what he wants the GJ to know/see. Then he says "this is a case we can win, we probably need to indict them" or "this is a lost cause, we probably need to no-bill this one". Then he leaves for about 5 minutes for the GJ to vote. Rinse and repeat about 20 times.

Anonymous said...

2:53 Ha ha- So only the white guy tells the grand jury about the case without any police or investigator- not hardly- I know that old white guy and your take is total bs-

Anonymous said...

to 2:23pm ..... rest assured that the GJ never was shown that video.

Anonymous said...

when i comes to a white guy iceing a black a poor little black yoot, the DA IS GONA MAKE AS MUCH POLITICAL HAY AS HE CAN . he's a politican and the only thing a politician gives a rats ass about is getting re-elected.

StarRider said...

Hopefully when all is said and done Mom will have to pay his legal bills.

Anonymous said...

there is no way to find out what was said or done in a state grand jury. there is no transcript. however federal grand juries do transcribe the proceedings.

Anonymous said...

to starrider at 5:10.... that does not happen. are you so stupid that you are unaware that 98% of people in mississippi have no assets ? you can be sure momma in in the 98%. i don't know who started the urban myth that everybody is rich, but that aint the case.

Anonymous said...

From my understanding, murder requires intent for a conviction of it, malice afore thought. The only intent was by young Mr. McDonald. He had NO intentions of going back to the detention center, yet had every intention of stealing him a get away ride! Mom, it's really sad that your son CHOSE this way of life. Ladies, marry a decent man to help you with your children, BEFORE they are born. We all know marriage is NO guarantee, but I'm surely glad for my husband!!!

Anonymous said...

The criminal and civil cases illustrate the public's misconceptions about the "Castle Doctrine." Even if Parrish "wins" both cases, did he really? Would he turn back time and simply lock the door of the business, keep his employees safe and call 911?

Ask him, and then think for yourself. Please understand one may only use deadly force if you're facing imminent death, or grave bodily injury, OR if in defense of an innocent third party who is facing the same.

You can't just make these life altering decisions based upon your "feelings" and opinions about how bad crime has gotten and how sick you are of this and that.

Please consult a qualified attorney who is an expert of firearms laws, and the use of justifiable homicide before you make a decision you'll regret forever.

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