Did MHP Trooper Jason Young retaliate against James Fischer for his Facebook posts about the trooper? Fischer created a Facebook page about the trooper after Young cited him for careless driving and impounded his vehicle. A few months later, the trooper said "I'm going to see this mother****** today" and see him he did as he arrested Fischer and impounded his vehicle. JJ reported on this case earlier this week but dug deeper and discovered some rather disturbing facts.
First Ticket
MHP operated a roadblock at the intersection of Highway 301 and Pratt Road in Desoto County on March 5, 2022. Trooper Young was present at the roadblock. A woman told him a truck turned around to avoid the roadblock. The trooper testified in Desoto County Court:
A. I was sitting down on 301 at the intersection. A lady come down the hill, which it was a truck at the north of where we were at. The lady come up, stated there was a truck backing up the road. I observed the vehicle that was traveling southbound but then was backing up the road to go back northbound. And I got in my vehicle. That's when I pursued Mr. Fischer -- the truck that was going northbound.
Young pulled over Fischer. Fischer said he turned around because he got an emergency call to help his grandmother. Young testified he "could smell an intoxicating odor coming from the vehicle." He directed Fischer to take two preliminary PBT tests. Fischer complied. The test showed the presence of alcohol but the BAC was not mentioned in court nor was Fischer cited for a DUI. The preliminary test alone can not be used to arrest a DUI suspect. However, it gives police the authority to conduct more tests.
Young ordered Fischer to drive back to the roadblock. The trooper administered another preliminary PBT to Fischer but did not conduct a field sobriety test nor did he cite him for a DUI.
The dashcam video has no audio of Young speaking to Fischer. The video is terminated before they reach the roadblock.
Young ticketed Fischer for improper lane usage and careless driving while impounding his truck. His wife picked him up at the roadblock.
Desoto Justice Court Judge Doug Hollowell, III convicted Fischer of improper lane usage and careless driving. The Court fined the defendant $50 and sentenced him to serve ten days in jail. However, Judge Holowell suspended the sentence.
Unfortunately, the Desoto County Justice Court Judge either did not know the law or he ignored the law. Section 63-3-6-3(2)(c) of the Mississippi Code states:
A violation of this subsection (2) is punishable by a fine of not less than Five Dollars ($5.00) nor more than Fifty Dollars ($50.00).
The careless driving statute, Section 63-3-1213 of the Mississippi Code, carries the same penalty.
Apparently the law means little in Judge Hollowell's court as he just makes it up as he goes along even though he is a licensed attorney in the Great State of Mississippi.
Fischer appealed to Desoto County Court. Desoto County Court Judge Allen Couch held a hearing on August 30, 2022.
The prosecutor asked the Court to dismiss the improper lane usage charge because the ticket did not reference the proper statute, thus giving improper notice. A handheld machine prints the ticket. The trooper has no control over the code information.
Fischer testified at the County Court hearing:
A. I didn't know. This was all very strange. So I'm -- I don't know. I assumed I was. He gave -- he went to his car after the third breathalyzer and came out with a ticket -- one ticket in his hand, told me to get out of my truck that he was impounding it. And I get to look at the ticket, and it's for unsafe lane change. And I said, "Hold on, you're impounding my truck for unsafe lane change?" And he said, "Yeah, and if you don't shut up, I'm going to take you to jail.Judge Couch said the case was just a careless driving case. He agreed with the prosecution and upheld the $50 fine. However, something else caught the Judge's attention and he was none too pleased:
And something else I noticed. Pursuant to the State's stipulation, dismissing the improper lane, he was sentenced to ten days in jail on that.... But in any event, the only penalty I see for that statute is a fine no less than five dollars and no more than fifty dollars. So even though that matter is dismissed and not before me, I am more than a little disturbed that a defendant was sentenced to 10 days in jail on a crime that doesn't carry jail time.... (p.24)
County Prosecutor James Holland told the Court he had no idea why Judge Hollowell threw an illegal ten day jail sentence at Fischer even though he suspended the sentence. The Court was not through admonishing the County Prosecutor and Justice Court judges:
it doesn't have a bearing on Mr. Fischer's case, but in the overall scheme of things, that's quite concerning. I understand I have more than a few causes coming from another certain jurisdiction where --
MR. HOLLAND: It's common.
THE COURT: -- jail time is being imposed where jail time is not allowed. And that -- that is a real issue. Maybe you have some of those.
MR. COOPER: I would like to speak to you about that after this.
THE COURT: No. Well, we're going to speak about it.... But trying to be a responsible jurist and member of the bar, that offends me and I don't want to see it happen and I don't want to be a party to it and I want to get it nipped in the bud. So to the extent that word may filter back to where it needs to filter back to, then that needs -- that needs to be addressed.
That was a whole lotta mess for just one ticket but just wait, there is more, much more. This post is just getting warmed up.
Second and Third Tickets
Needless to say, Fischer was not too happy about the conviction even though it was $50. He did what the thing to do is today: He griped about his treatment on social media. Fischer created a Facebook page solely dedicated to Trooper Jason Young. Misery loves company and it was not too long before Fischer got some company from the suddenly miserable trooper.
Young coincidentally pulled Fischer over again on June 14, 11 days after Fischer's Justice Court hearing. Get ready.
Young's dashcam video recording him speaking on his cellphone to a woman about Fischer as he cruised Highway 301. He said "I'm going to see this motherfucker today because he posted something on his Facebook and I saw the damn truck with a little bullbar in the front. As he spoke those final words, none other than James Fischer approached from the opposite direction. Young promptly executed a u-turn and took off in hot pursuit. Both stops took place when Fischer was driving home from work.
Young quickly tracked down his quarry and pulled him over. He asked for Fischer's driver's license and insurance. He said he was driving 55 mph in a 45 mph zone. The trooper returned to the vehicle and handed Fischer his ticket (4:31) in video.
To say Fischer was mad was an understatement. He said "I'll see you in a few weeks, punk" and flipped off Mississippi's finest as he drove away. (4:20 in the second video posted below). The aggrieved trooper flashed his blue lights and pulled him over yet again.
Young ordered Fischer to get out of the vehicle. Fischer complied. The trooper handcuffed Fischer and placed him under arrest for disorderly conduct and careless driving. Trooper Young claimed taking Fischer taking his hand off the wheel justified the careless driving charge. Fischer's truck was impounded yet again. The two men sat silently in the MHP cruiser for over a half an hour until the tow truck arrived.
A hearing will be held on these charges in Desoto County Justice Court on December 9.
Fischer filed complaints against Young with MHP but MHP dismissed his complaint.
However, the Mississippi Department of Public Safety issued the following statement after JJ inquired about the arrest and the posting of the Lackluster video:
The Mississippi Department of Public Safety (“MDPS”) and the Mississippi Highway Patrol (“MHP”) are aware of a YouTube video that was posted on Sunday, November 6, 2022, and has been shared numerous times across various social media platforms. The video depicts interactions between a citizen and a Mississippi State Trooper, and it includes allegations of misconduct on the part of the Trooper. An internal investigation into the subject matter of the video is ongoing. The involved trooper has been placed on modified duty pending the outcome of the investigation. MDPS and MHP take allegations of employee misconduct seriously. Any allegations which are determined to be founded will be addressed appropriately.
Stay tuned.
73 comments:
If the colors had been reversed he would have been fired within 24-hours. Wokeness is a terrible disease.
If there was any accountability in policing, this officer would’ve already been fired and all charges he brought against his nemesis would’ve been dropped. Our justice system is broken and police accountability is a major reason why. These overpaid snowflakes have gone unchecked for too long and it’s gone to all their heads.
Good news guys, the police investigated themselves and found they did nothing wrong. That was a close call.
power corrupts
You can be supportive of law enforcement officers and realize this officer acted inappropriately. Talk to other members of the MHP and they will tell you that this is not how they are trained to act and that this is not a good look.
Perhaps there needs to be a review of how Capt. Gerald Cooper conducted his (their?) investigation. From what I read, the whole incident should have been closed right there but for Cooper finding that his colleague did nothing wrong. Maybe Cooper needs to be suspended and his job performance reviewed.
You mean like when those troopers were accused of writing bogus tickets to get extra pay and MHP changed the rules for their hearings and picked a friendly judge so they could get off?
Obviously Young is not suited to be a cop and needs to be freed for other pursuits. I admire the courage of Mr. Fischer.
In re: 9:11's comment:
To actually BE supportive of Law Enforcement, one MUST acknowledge and call out when a LEO behaves like this.
The patrolman and the JP both need to go.
Highway Patrol has been out of control for years. It is a culture.
If you are a patrolman, and this offends you, good. Police your own. It is up to you to change this BS. It is evident that your leadership cannot.
This is a sign of things to come. Don't think the IRS and FBI aren't fully clued in on these tactics. The work of Obama/Biden to politicize these federal agencies will make this look like child's play.
Our Constitutional Republic is dead and has been replaced by an oligarchy in the clothing of "Democracy."
Meanwhile the patrolman and his "investigator" need to be sacked.
Lynn Fitch, where are you?
8:32 is almost right. Had the colors been reversed, CNN/MSNBS/NPR et al would be wall to wall on this matter.
back the blue…
Surely the Justice Court judge has been referred to the Judicial Performance Commission. If not, he needs to be.
Mad Co had its own version of that. I think he retired though. He'd cuff republicans and take them to jail for speeding. just because he could
9:18 It all worked out for them KF. The most outrageous offender retired nicely and is now the assistant chief of Brandon PD. I’m sure no shenanigans will follow him there.
Transfer the Trooper to another District and move on. You can’t police hate and ignorance. If he does this again fire his ass! This shigity happens often in Law Enforcement!
Some are really good. Most are small ball jackasses.
Jacked up egos are nothing new to the Highway Patrol. Complaints from the public are a regular occurrence.
But, this is different.
The people in and around this MHP district are really pissed off about this Trooper's behavior. They are getting organized, raising money and taking action against these events.
Good on them. We don't have to put up with this kind of shit from some hot head. Let him go work as a bouncer in some delta dive without that Glock and badge.
Exactly @9:29am.
Excusing this type of behavior makes it hard for honest cops. Young and the MHP officers protecting him are making it hard and dangerous for honest cops. Young needs to be placed on administrative leave and then fired unless he can come up with some serious mitigating circumstances. Not sure what they would be that could justify his behavior. The person that investigated the complaint needs to be put on review also. He possibly just made a mistake but if I were an honest cop at the MHP or a DPS administrator, I would want confirmation that he actually did a reasonable investigation and didn't just put a rubber stamp dismissal on it.
Imagine if the snitch would have kept her damn mouth shut? That lady should apply for a job at Cup Foods.
Has anyone thought about making some folks pass a reading test, for, say, not 3rd graders, but all our troopers, active and future?
Then, after a few years of remedial reading instruction, read the statutes and explain that Constitution thang. Lots of pictures needed, though.
You can't arrest someone for raising their middle finger, especially when you actually deserve it. You can't stalk folks on their way from employment to home, generally speaking, in a free society.
Can we get a non OMLS lawyer up in here somewhere? Or, gosh, since those are in short supply here, someone who was top 10% or was sober more than one day in their OM stay?
Neither behaved like mature adults but, a trooper has the duty to remain rational and know the limits of his authority and the difference in wasting time and taxpayer money to try to look like a "powerful dude".
This reads like a story out of the state of Kinfucky.
https://law.justia.com/codes/mississippi/2016/title-63/chapter-9/section-63-9-11/
The Careless Driving statute provides a penalty, but this one (link above) is likely the “culprit” in what caused the Justice of the Peace … ahem, Justice Court “Judge” … to misconstrue the “10 days in jail” applicability.
Hope that JP and prosecutor are named in the suit. My first deposition would be Judge Couch to find out more about these rumors he’s heard.
I am hoping to hear that Mr. Fisher obtains a legitimate attorney but definitely needs one outside the corruption of north Mississippi, maybe even out of this corrupt state. Perhaps they can send trooper young to MDOC or MDCPS? It’s been done before and he’d fit right in. I’ll be following this story.
Constitution, what’s that? Never heard of it.
-MHP
Wrong 12:47 he needs to hire one of those “corrupt” attorneys in north Mississippi.
At this point, the Commissioner is the responsible party.
MHP is a bunch of arrogant, uneducated bullies. They needs disbanded. They are embarrassing.
Same thing happening in Calhoun Co! "New trooper itis" Many complaints....
What was the disposition of the case where the trooper was on camera assaulting his wifeand THEN threatening his next door neighbor?????
This video has the audio so you can hear the trooper in the first encounter
https://youtu.be/NL2jRYDhTb4
I got off of Facebook, is the guy still berating MHP on Facebook? Seems like he would be having a field day. MHP should have actually investigated before the second and third tickets. Why aren’t heads rolling? And yes the judge should be required under oath to tell the bar what he’s “been hearing”.
9:11 am, agree, except this is not an isolated incident. Don’t forget the maniac MHP patrolman that went back into the kitchen at Nawlins Grill and threatened to arrest the cooks. Some of these guys are flat dangerous.
Getting rid of “bad” troopers is about impossible. KF mentioned the bogus ticket writing scam. Their was Fed money mingled in this. They should have gone to prison. Then their was the pooper-trooper having sex with a trucker. Took forever to get rid of him.
MHP needs to be done away with. Very outdated agency. Rarely do the do any real police work.
Hazing their own recruits, stealing time every which way one can, Hushpuppy, sex to not tell about the stolen cookies, domestic abuse (X1000)…….It’s just one embarrassment after another. What return are the taxpayers getting out of their MHP investment? Shame and abuse. Time to start over.
Fischer's FB page has over 6K people watching & his gofundme is doing well.
Troopers aren't the "elite of the elite" as they're trained so they should stop acting like it.
This is not far from kidnapping. For the trooper to cuff, incarcerate, and tow the vehicle should result in charges against the trooper. I back the blue, but for this type of behavior, I think charges should be brought against the trooper. Definitely an abuse of power and vindictive behavior.
It goes to training and what they are taught. Many of these troopers went from working in a factory or laying carpet to being on the street with MHP. They have no idea the meaning of real law enforcement other than what they are taught by people that pump their ego into thinking they are special. It hurts everyone.
Get rid of the highway patrol. The only real purpose they serve is issuing and renewing drivers licenses. They are steroid induced egomaniacs, looking for confrontations. We already have city police personnel, county sheriffs, etc. The state of Mississippi is poor. Why do we waste money on this kind of stuff?
Defund the highway patrol and give local sheriffs' offices the ability to write speeding tickets.
This incident has provided some good training for our troopers on what not to do! To all the good Troopers thanks for what you do! Most of the Law Abiding citizens support you. The other, you know how that goes! Dammed if you do dammed if you don’t!
Where is Marshall Fisher these days? This is his legacy.
Virtually every law enforcement agency has its own goon squad. Sometimes 'the brotherhood' borders on criminal activity within itself. Many of them are high school grads who rode the football bench and drove pontiacs provided by dad. There's literally nothing (legal or illegal) they won't do to circle the wagons around one of their own. A bunch of little-Dick Eastwood wannabees. Take Madison County S.O. for example.
God help us all if the legislature grants them the authority to run radar. What they really want is the authority to carry billy clubs again.
Who narcs on other drivers at a roadblock? I bet she tattled in school too.
Wrong: 1:25, only a fool, liar, or a murderer would trust a corrupt attorney from north Mississippi. Corrupt North Mississippi attorneys are good at defending criminals only because they have “like minds”. They will throw their own client under the bus in an instant for $$$ or favors.
MHP exists to drive the governor around at 90 mph
Just another note on the corruption of the courts - after reviewing the court documents, judge was coached and corrected errors from previous judge, prosecutor admits to sentencing Fischer to jail time that was not legal, defense attorney takes blame for everything else as he should (also has a conflict of interest) Cluster of corruption with Mr. Fischer being found guilty without any evidence. Hope he appealed that judgement. Now they are threatening him with felony charges.
North MS court system along with the minions overdue for the civil suits coming their way! 😊
Don't talk to law enforcement, don't answer their questions, don't cooperate with them and never trust them. They protect and serve only themselves. This dirty cop is still on the job and being protected by other dirty cops and dirty judges. They are the enemy.
If the MHP was disbanded, it would have virtually no negative repercussions. For the life of me, I don’t know why they exist other than to stand on the sidelines “protecting” college coaches. I can assure you that if any person or organization can afford to pay for “sideline protection”, it would be college football programs. Why are they needed? Are we afraid some people are going to attack someone already surrounded by the biggest people in the state, the players.
F the MHP. They are clowns that can’t read a soup can.
They continue to strut around like peacocks but they are just uneducated hillbillies with guns and a car.
How much more harassment do we need to put up with? It’s quite unbelievable that this out of control trooper is nothing more than a hot-headed bully.
Few & far between but this trooper needs to be dismissed
Both of the individuals have demonstrated poor judgment and a lack of self control.
@720
Bingo!! I know an old crusty trooper, says the only reason he still on the force is that he can drive as fast as he wants anywhere. They drive way to fast!
Trooper Jason Young Watchdog Group is the Facebook page. 6;400 followers.
Turning around to avoid a road block from several miles away doesn’t mean he wasn’t avoiding the roadblock. Every illiterate green teethed redneck in the state had a CB radio with an illegal amplifier and a 12’ long whip antenna.
This is not uncommon for Mississippi state troopers.
Screw this, what are they with football coaches in other States?
4:22 - you do realize this isn’t 1985 any more, right? CB radios aren’t really a thing any more like they used to be. You jackasses who are always commenting about the “green teeth rednecks” are quite annoying. I know and live among rednecks and would probably be called one by people like you. Rednecks have their problems like all human beings but I’d rather associate with them than with wise-asses like you.
Also, turning around to avoid a roadblock isn’t a crime. In a free country one should not have to “show your papers” like it’s a Communist country. Obviously the guy had drank a couple of beers and didn’t want to be harassed due to our overly zealous/ridiculously low BAC limit.
As others have said, if the races of the two were reversed this would be on national news media. A poor old white country boy doesn’t matter.
There are so many things wrong - but the obvious one is the initial contact. The officer suspects the driver of being intoxicated and under the influence. He administers the test to determine the BAC level and based on the result determines to perform a follow-up investigation. Ok, normal conduct. HOWEVER, based on the result he has the driver get back into his car and DRIVE back to the roadblock !!! Then it goes downhill from there...
This will eventually lead to death(s).
I checked out the referenced Facebook page. There are a whole lot of pissed up residents up there posting details about this whole situation. And a few are relating similar experiences with other MHP employees.
Can't imagine this trooper (as well as the fellow trooper with whom he was airing his laundry) not being terminated forthwith. This ball is squarely in the court of Tate and the man he put in charge.
Reassignment? No - Termination? Yes
These Randy Ginn handpicked assholes all hate each other, too. They were selected as the bullied kid at school that has a chip on their shoulder to "get somebody back".
I knew a man, who is a trooper now, before he became a trooper. I knew him well, matter of fact we worked together about 30 years go. If he can become a trooper, the requirements are very low.
They apparently don't teach them much law anymore, they make up their own laws. Producing tickets is the job saver. I know personally there were 7 Troopers dispatched to Calhoun City a few months ago, and the town square is a one-way only route. In other words, you can't go straight or turn left, you have to turn right. These shitheads were writing kids tickets for not using turn signals. Stupid Stupid Stupid Seven Stupid Troopers. Thanks Colonel Randy Ginn, for producing and promoting this behavior!!!
Most are muscle-bound, narrow ass punks with oversize egos. Arrogant shits with control issues......Bullied in school
Meanwhile - The appointed head of the agency is making the rounds for photo-ops attending community luncheons for 'first responders'. And his subordinate, Randy Ginn is still blabbering about 'troopers and truckers together'.
That judge is a complete corrupt douche bag I knew him in high school smoked more weed than cheech and chong. You can buy a law degree in MS apparently the become a judge sheesh holloway is a total dumbass!!!
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