Witnesses to the shooting of 17 year-old Charles McDonald testified that he chased Wayne Parish and grabbed his gun when he was shot to death by Parish in July 2016. One witness also stated that Parish had scratch marks on his arms and hands that were inflicted by McDonald. 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 grand jury indicted Parish for murder but Hinds County District Attorney Robert Shuler Smith remanded the case last week. However, McDonald's mother is still pursuing a wrongful death lawsuit against Parish in Hinds County Circuit Court.
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 civil case is still proceeding in Hinds County. Excerpts of the depositions of Reverend Timothy Stallworth and Deputy Charles Bellis were submitted to the court last week as exhibits for a motion for summary judgment.
Deputy Bellis testified that McDonald was the aggressor in the confrontation and chased Parish:
We got to the end of the parking lot, and that's when a gentleman come out of the oil building below Henley-Young. The gentleman that came out of the building asked Charles, "What are you doing? Why are you here? You need to get off this property." And Charles was still trying to break into the car.
Charles started going at the gentleman, and he was steadily backing up. They went around the back of the vehicle. The gentleman that came out was backing away from Charles, and Charles was following him. I lost view of them for a little bit while they were behind the vehicle, but they ended up coming around. He was telling Charles to leave, saying, "Back away, I don't want to have to shoot you."
When they got to the passenger side of the car, probably by the front tire, the gentleman shot one round into the ground and told him to back up. And as soon as he shot that round, then Charles was grabbing for the gun. They started to look like they were fixing to fall, and that's when he shot four or five times, I can't remember the exact number of shots, and shot Charles.
Q: Do you recall whether or not Charles had anything in his hand when he was trying to break into the vehicle?
A. It was a big chunk of concrete or a brick or it was something he was throwing against the window. And it would bounce back off the window, and he would pick it back up and try it again.
Q. Do you recall whether or not Charles still had that big chunk of concrete in his hand when the gentleman came out of the building?
A. Yes, he did. While he was telling Charles to get away from the car and to get off the property, Charles was still trying to break into the car while the guy that came out was still there.....
Q. Now, another point that I wanted to follow up with you on is that you stated that the gentleman was backing up during this entire time that this event was happening. Is that a fair assessment of what you recall?
A. Yes, sir.
Q. And I probably should have made you stop in the middle of what you were telling me, but I just want to be clear. As the gentleman was backing up, what was Charles doing?
A. Coming at him. It looked like he swung a couple of times, and he just -- he wasn't backing down. He was steadily coming at him....
A: Weapon retention is to keep your weapon at all costs. If you lose it, you die.
Q. Yes, sir. And is that the kind of scenario that was contemplated, being able to hang onto your gun so that the other person doesn't take it from you and use it against you?
A. Yes, sir.
Q. Did that appear to be what was taking place?
A. That's what it looked like to me.
Q. And, now, you told us that you heard 4 or 5 shots when Charles grabbed the gun?
A: Right. ..
Q: Wayne was retreating?
A. Yes, he was steadily backing up the whole time.
Q. So you're saying that Wayne was getting chased around the car while he had Charles at gunpoint?
A. Yes, sir.
Deputy Ellis also said that Parish bore signs of a struggle:
Q: Did he have any bruises or other physical indications of a struggle?
A. He had scratch marks on his arms and hands. He might have even had one on face. It was so long ago...The lawyer also asked Deputy Bellis if anyone had interviewed him "outside of this deposition." The deputy replied no one else had done so. It must thus be assumed that answer includes Hinds County prosecutors.
Reverend Stallworth testified in his deposition that McDonald's mother brought him to Henley-Young but that she could not get him to get out of the car and come inside the building. He jumped out of his mother's car and ran away. Reverend Stallworth's account corroborate's Ellis's testimony:
What do you mean they got into a tussle?
A. When he reached for the gun, he was trying to push back and push away, but they would not separate. Basically, it was more of a hand constantly moving and trying to get it out of the gentleman's hand who had the gun who came out of the building with the gun. And that's the tussle I'm talking about is the hand -- trying to get it out of the gentleman's hand.
Q. You also stated that four or five rounds were shot and he was still aggressive. What did you mean by that?
A. He was still trying to get -- He was still trying to take the weapon. Like it didn't -- We weren't sure actually who was really shot at first. The gentleman who came out of the building was trying to back just a little bit, trying to stand -- still trying to get it because he was trying to take it. They didn't go to the ground or anything. They were still standing just more or less tussling over the gun....
Both depositions are posted below. Attorneys Michael Carr and Carlos Moore represent Mason-Sherman.
After the warning shot, Charles, they were not far apart, and he came -- as opposed to walking away, he went toward the gentleman with the gun, reached for and grabbed his hand with the gun, and that's when they tussled...
Earlier posts
Remanded!
Parish: Teen ignored warning shot, chased him.
Trial set for Wayne Parish
Parish responds to McDonald's mother.
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.
31 comments:
I know the mom and it is sad that her child was killed, however, to try to call this a wrongful death is crazy. The owner gave that kid every opportunity to get out of there. He chose his own fate on that day. He forced that man to shoot him. No way that old guy could have fought the kid heads up. Sorry it ended the way it did, but I would shoot him too in order to protect my property.
Unfortunately for McDonald, robbery and assault are not activities that guarantee protection in this country!
Well that’s what happens when you vandalize a vehicle. Got to stand your ground. I wish I would’ve known I could shoot the perpetrator that keyed my truck at McDade’s.
Another sad aspect of this truly sad situation is that there are sleezy slimy lawyers who will turn any and every situation into a potential opportunity to make a buck. They try to convince a grieving parent that their child was really a "victim" no matter what the facts show. Rather than allowing closure and a chance for these people to resume their lives, these scumbags call press conferences and issue statements to fan the flames. Just as bad.. the D.A.'s office allowed this mess to fester for months before pulling the plug. Pitiful.
Dumbass at 3:47 - If you can come away from this discussion thinking you had a right to shoot somebody who keyed your truck, you probably need to sell the truck and get your family to cart you around.
PS: To Kingfish: I love your use of the phrase 'troubled young man'.
Sleezy slimy journalists too.
Yeah, ok. We get it. You want to see some action. You can kill someone and it doesn't affect you one bit. You know this even though you probably haven't killed someone before. Ok.
Hey King. Thanks for another excellent bit of reporting!
You are the best in Mississippi!
Legally, the mother was harboring a fugitive from justice. She knew the police were looking for her dangerous son and instead of calling the law as she should have, she tried to hide him from the law. It massively backfired and the out of control felon had no interest in being hid by his mother. Her actions directly led to her son's death. Mr Parrish was conducting his business at a place he had every right to be and when the fleeing felon tried to steal a car from his place of business, he attempted to protect the property by reasonably demanding the car theft in progress cease. He did not even try to detain the fleeing felon. McDonald's mother has been using the youth detention center and its influence with the courts to keep her son from doing hard time. Same game but different result this time.
Play stupid games, win stupid prizes.
What? She brought him in. THAT is harboring a fugitive? You want to indict her for harboring one too under your interpretation? Yeesh.
One thing nobody asking is what color are these witnesses... say what you gone say but it do matter.
I am pretty sure she did not bring him in. I don't want to indict her or even look at her but I am sure she did not get him into custody.
At 17, committing multiple felonies, he would be tried as an adult, she was not equipped to bring him in. Like fleeing car stops, they know what they have done but they do not know if the officer does. She was not equipped to to this and it went to hell.
6:28,
You must be a troll. You are the type of ignorant racist that screams racist at everyone else. I'll bite my lip on making further comments regarding yours.
It still amazes me that so many posters on this board are experts in the law, criminal justice, economics, gender identity, land use planning, psychology, Medicaid policy and hillbillyness. How do we keep ranking so dumb nationally?
Feel bigger 6:46?
6:46--Here I am for my nightly read and there you are....
I will admit to coming from a long line of hillbillies but if you don't know how Mississippi keeps ranking nationally so low on so many things, perhaps you could tell the class what we rank #1 on.
Remember when the JFP did several big write-ups about this incident and then never wrote another word about it once the video and all the facts came out?
Can you say "cash settlement out of court" ?
The kid caused this entire incident. It is his fault. His momma doesn't deserve a payday for his foolishness, but that is exactly what is going to happen because no insurance co. is going to get in front a Hinds county jury and hope for the best.
Now this is good news: :A state inmate who escaped from George County has been found in Webster County, where the victim of a carjacking shot him, a TV station reports.
Police found Eugene Robinson, 37, in Mathiston after receiving a report of a carjacking north of Eupora, WCBI-TV reported Wednesday.
Read more here: http://www.sunherald.com/news/local/crime/article198840904.html#storylink=cpy
I really feel sorry for Mr. Parish, his business, his family & Jackson. He doesn't deserve this just because he had a business in Jackson. He family is suffering due to this incident. Jackson will suffer too, as sober business leaders see what can happen to a business in Jackson. And they will never build there. I also think our justice system is a total joke. 8:21 PM hit the nail on the head with exactly how this thing will play out.
Stay Woke Jacktown!
This may be off base, but a motion for summary judgment might be in order. There's the video tape and now this witness, both of which confirm that Mr. Parish was not the aggressor. What evidence can the plaintiff produce to counter or contradict the video and witness? If none, then seems a summary judgment should be entered by the court.
6:28, Just so that you will be satisfied, Reverend Stallworth is black and Hinds County Deputy Bellis is white. Did I or the article mention that it is REVEREND Stallworth.
I would not have approached the kid with a drawn pistol over a car, thinking I could make him comply with the threat of force. Clear from the video's Mr. Parrish was shocked and saddened over what went down. I do NOT see this a murder and Mr Parrish did not start the incident. Still how can anyone not see a lesson. Politics are never separated from the courts. Anything one can do to deescalate and avoid confrontation so it does NOT become life and death makes good sense. I hope Mr Parrish gets this behind him soon.
Thanks for following this Kingfish.
@9:56 - what WOULD you have done? Would you have approached him empty handed with blind trust that he would not bash your head with the same rock he was using on the car? Or, would you have just stood back and let him take the vehicle? And, if after taking your vehicle he proceeded to cause a crash that killed a young mother and her kids, would you have slept easy that night knowing that you allowed him to take your vehicle without so much as a whimper...or would you stay awake to count out the money you'd be paying to the family of those killed because YOU allowed YOUR car to be taken on a joy ride by this kid?
(5) (a) The presumptions contained in subsection (3) of this section shall apply in civil cases in which self-defense or defense of another is claimed as a defense.
(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 the same conduct.
So if he is found to have committed a justifiable homicide he may not only win the lawsuit but be able to recoup legal and other fees from the plantiffs.
1:02, I would have remained at the doorway and waited on the police. I would be a good witness. I would take smart phone pics. A vehicle means little to me, compared to what can happen when someone introduces a firearm to a conflict. I imagine the shooter and his family would now agree with me.
Bravo 9:49 am
FYI people...computerized cars can't be hot wired so breaking a window just breaks a window.
1:19 PM, try telling that story to the insurance companies that have to pay for all of the cars stolen in Jackson.
Just for the record, there were multiple witnesses, black and white. Leave color out of this. That is totally stupid. Also, Mr Parish was carrying a smith and Wesson airweight revoler that only holds 5 rounds. One was discharged as a warning. McDonald received 2 center mass because of him constantly pulling on the gun. This was a bad day for everybody.
Post a Comment