Note: This post will be updated.
The Mississippi Attorney General recommended the Missisisppi Court of Appeals overturn the Hinds County conviction former Clinton police officer Anthony Fox for culpable negligence manslaughter in its brief filed this afternoon. The Clinton Police Department issued the following statement:
The City of Clinton would like to commend the Mississippi Attorney General’s office for its handling thus far of Detective Anthony Fox’s case. Today, the Attorney General filed a response in the case, wherein they agreed with the arguments raised by Detective Fox’s attorneys and further recommended that the Court of Appeals reverse the conviction and render a judgement in Detective Fox’s favor. The AG’s office joins a long list of agencies, including the Federal Bureau of Investigation, the United States Attorney’s Office, the Mississippi Bureau of Investigation, the Jackson Police Department, and the Clinton Police Department, who have investigated this matter and determined that charges were unsupported and inappropriate. The City of Clinton remains steadfast in its support of Detective Fox and looks forward to a ruling from the Court of Appeals releasing Detective Fox and correcting this injustice.
Hinds County Circuit Judge Adrienne Wooten sentenced Fox to serve 20 years in prison but suspended 15 years of the sentence.
Bernard Randall and an accomplice murdered Reverend Anthony Longino as he opened the doors to his Hill Avenue church on Sunday morning, January 13, 2019. The murder shocked Jackson as JPD conducted a massive manhunt for the suspects.
Fox and several other JPD officers searched Jones Street for the suspects. Fox approached Robinson's car parked on the street. A woman stood with a handful of cash at the driver's window. Fox suspected a drug deal was going down between her and Robinson. The woman walked away but when Robinson saw Fox, he started reaching with his right hand between the driver's seat and center console of the car. Robinson refused to show his hands when commanded to do so.
Fearing the suspect might grab a gun, Fox opened his door and grabbed Robinson's arm. JPD officers Lincoln Lampley and Desmond Barney came to their comrade's aid. Robinson continued to resist (p.7) even after Lampley and Fox removed him from the vehicle and placing him on the ground face-first. The suspect refused to comply until he swallowed something hidden in his hands. Two witnesses said Fox slammed Robinson to the ground but several police officers testified he did not do so.
The brief states:
Once Robinson stopped resisting and stood up, the officers noticed a small scrape over his eye. Fox called an ambulance. An EMT testified that Robinson “refused medical attention,” but Fox “requested a small bandage for [Robinson’s] forehead.”
The EMT said that the scrape, which was no bigger than his thumbnail, had stopped bleeding by the time he arrived. Fox “convinced [Robinson] to allow a bandage to be applied,” but Robinson refused further treatment.
The EMT testified that Robinson was alert and aware. He explained that Robinson had the highest rating on the Glasgow Coma Scale, which indicated that his eyes were moving and working normally; that he could communicate, understand, and talk; and that he could stand and walk on his own.
Fox cited Robinson for failure to obey and resisting arrest before telling him to leave the scene.
Robinson had a seizure several hours later at a hotel. EMT's found him unconscious with some swelling on his head and a small scratch. Doctors later determined Robinson suffered from a subdural hematoma. Four expert doctors said Robinson's use of blood thinners contributed to his death. One doctor explained a subdural hematoma can arise from a "superficial minor injury."
A Hinds County grand jury indicted Fox for second-degree murder. The indictment claimed Fox and friends slammed Robinson head first into the pavement before "kicking and striking" him.
Hinds County Circuit Judge Faye Peterson granted directed verdicts for Lampley and Barney. However, Fox drew Circuit Judge Adriene Wooten and she was in no mood to set him free without a trial. Fox appealed his case to the Court of Appeals.
The brief argues the main issue is whether the evidence presented at trial was sufficient to sustain a conviction. The brief heavily cites Brown v State, 304 So. 3d 692 (Miss. Ct. App. 2020) as being directly on point.
Brown was a security guard at a bar when a fight broke out as they often do at such establishments. A patron stuck his nose into the fight and tried to remove one of the belligerents by hauling him out the door. Brown tried to remove the patron from the bar by wrapping his arms around the patron's neck, choking him to the ground, and placing him in handcuffs. The patron "fell unconscious and died of 'complications of hypertensive cardiovascular disease associated with a physical altercation.'"
The patron had superficial injuries of a few small bruises a chin scrape, and some injuries to the lip. A jury convicted Brown of culpable negligence manslaughter . The Court of Appeals held the evidence was insufficient to sustain the conviction. Ms. Farmer said Brown was distinguished from two other cases involving the same crime as the suspect repeatedly beat and inflicted severe trauma on the victim.
The brief argues Fox's actions are similar to Brown's. Fox struggled with Robinson, who resisted arrest. Robinson continued to resist even on the ground. Despite his resistance, he suffered only a small abrasion to his head. The cause of death involved health issues unknown to Fox. Ms. Farmer claimed:
In sum: Just as in Brown, here “there was no evidence of severe trauma or trauma in multiple locations that could constitute gross negligence,” the only injuries to the victim were visibly slight, and there was no “extensive struggle” involving “multiple blows to the victim[ ] resulting in severe blunt-force trauma” that could sustain a culpable- negligence finding. 304 So. 3d at 696. Fox could not “reasonably have foreseen” that Robinson’s death was “likely to happen” from an everyday effort to subdue a resisting, non-compliant suspect using traditional non- lethal means. Id. That means that Fox could not even be liable in a “civil case[ ].” Id. So the facts do not allow the conclusion that he committed culpable-negligence manslaughter.
Hinds County District Attorney Jody Owens is going to issue a statement about the Attorney General's position.
46 comments:
WOW. This puts that loud-mouthed B word in her (crooked) place.
Catch me up. With that many advocating for reversal, which body of government supports or supported the conviction?
Hinds County law enforcement have no chance before a Hinds County Jury- Pay back time!
Its about time
Has she win that law suit against China yet?
Ya'll don't have sense to get out of the rain. Fox's case should never have gone before a Grand Jury, let alone to trial. His actions were consistent with a LEO subduing a suspect under lawful arrest. And the AGs Office is doing exactly what it should.
5:23: Prosecuted by Hinds County DA Jody Owens, who recently declared that, if given a choice between charging a felony or a misdemeanor, he will charge the misdemeanor in order to stop the "disenfranchisement" of felons.
This case is why HB 1020 was passed, to keep the Capital Police from being prosecuted for doing their jobs. My $0.02.
I have a relative on the Hinds Co. Grand Jury. They spend 3-5 minutes on each case and hear up to 200 cases each day. It's a joke.
Chokwe was the one who insisted Jody Owens pursue the case. Owens knew nothing about criminal law when Soros bought him that office and Wooten is a fruitcake.
100% this is the first time in MS jurisprudence that the AG has confessed error when it wasn’t a question of law. No jurisdiction, wrong venue yes. Here, they are asking the court to reweigh evidence and credibility. And like a 1L, Lynn has confused weight and sufficiency
The victim is dead and he was the last one to lay hands on him, evidence heard, convicted what more do you guys want. And why haven’t the Stinkin 6 not been indicted AG ?
What a fantastic and courageous move by the Attorney General. Look, I disagree with her on some issues, but she is a true friend to good officers who are wrongfully prosecuted, like Detective Fox. It’s also great to see the Mayor of Clinton stick behind Det. Fox.
Hopefully, now it’s just a matter of time before this bogus conviction is reversed and rendered and Det. Fox is back doing what he does best, putting bad guys behind bars.
8:12 is right. CL is the one who pressured Owens...
Wooten needs to be charged in this one. She is God AWFUL. SHE put that man in jail....she did.
So instead of going after the thug Leo’s in Rankin the AG is working hard to set free convicted cops…?
1) I am not a fan of the AG, although not one of her haters either. Just not one that thinks her rise to political success is due to her political, legal, or other "professional" accummen.
2) Am glad that she took this course; I'm sure it was because some actual legal 'scholars' that are in the halls down from hers pointed out the legal injustice that occurred here due to CAL, JO, and the other $$$s behind them pushed, along with the incompetence (that's being nice, not referring to her bias) of Judge Wooten
3) Even with the direction of legal scholars and some smart political women that she brought into the newly curtained, decorated, bathroomed, etc office - she was whatever you want to attribute it to - to file this brief making what is a pretty damn broad and unusual statement for the state to make in an Appeals Court.
Yes,this is a controversial case, and I'm sure that Jody, Chockwe, and others will be out on the street in the morning condemning it (all the while ignoring many other cases that should be getting the attention of the DA and his minions, or the absolute failures of Chockwe in trying to do the job he is actually getting paid to do while failing at every step).
Maybe this is the first step in stemming the tide on the group that is gathering daily at 4th Street (formerly owned by Owens?? and now owned by who??) following their gatherings at TRIO and other locals, to concoct their next scam to fund the kush!
HB1020 is another step.
Wingate regarding Henifin is another.
Maybe Sister Rukia comes in last in her election, sending another message.
Then all that's left is Jody. And thank the Good Lord that Biden has cooled on trying to name him as the US Atty; guess there might have been some background info that didn't quite make the grade
I know extensions of time are routine, but you hate to look at the briefing schedule in this case and see that the AG's brief would have originally been due in March if both sides hadn't gotten multiple extensions of time. Meanwhile Fox has been languishing in prison.
Courageous and honorable move by our AG. I commend you for choosing the right path over the easy path. Thank you for standing up for law enforcement and against Hinds County injustice.
Ya'll don't have sense to get out of the rain. Fox's case should never have gone before a Grand Jury. Let alone to a trial. His actions were consistent with a LEO subduing a suspect that is resisting a lawful arrest. Use your brain.
Where was the AG when Curtis Flowers' case went before the U.S. Supreme Court? Oh yes, that's right, she was arguing that his conviction should be upheld even though Doug Evans illegally discriminated during jury selection. Absolutely shameful! She finally agreed to drop the charges, but only after the public was made aware that the main witness against him committed perjury.
Never been a Lynn fan but she might have won me over with this.
Im not much of a cheerleader for Law Enforcement these days either but, Free the Fox!
The AG would have jumped on this months earlier but she was too busy suing China before, and now she is up for re-election.
7:49 AM...We heard you the first time. It's not raining here, but I do have sense enough to put the high comma in the correct spot in y'all...
"And like a 1L, Lynn has confused weight and sufficiency."
See, e.g., Gibbs v Florida, and then if the above-cited poster would/can, please explain your assertion as to this being a "weight v. sufficiency" case/argument. Whether intended or not, a "sufficiency" reverse and _render_ puts a more-certain end to this mess with a lot less potential for continued theatrics than a "weight" reverse and _remand_, even there isn't actually a (reasonable/rational) argument to be made for a re-trial in the latter outcome. I would argue that Fox is a sufficiency case and as such, Fox is entitled to a de facto acquittal. Insufficient evidence should never be placed upon the fact-finder's scale to be weighed.
It might even be reasonable given the currently disclosed facts (which certainly does not assume that all facts as to any of this have been disclosed), an argument might be made for the disbarment of Owens and Wooten over this case based upon the premise that if they are as guilty of misconduct as the disclosed facts tend to indicate, lesser sanction is improper (again, that acknowledges there may be facts not publicly disclosed).
I take blood thinner Coumadin aka Warfarin and have heart condition. I can attest that cutting, bleeding and bruising are common daily events from even the mildest sort of bumps and scrapes. Blunt force trauma can cause not only a lesion but also hematoma. Anyone taking blood thinner also experiences these side effects.
Resisting arrest risked controlling force, which in the perp's case, risked abnormal bleeding related injury. So the perp knowingly caused his own injury by making the LEO use force.
In his/her first paragraph, 10:04 has (temporarily, at least) restored my faith in the next generation of young lawyers.
Unfortunately, Judge Wooten was recently reelected. Until she is either removed from the bench or she has some decent opposition, she will continue to be a detriment to Hinds County.
The DA will be up for election in November. If enough decent folks get out and vote for Darla Palmer, that will be another step in the right direction.
Chokwe is not up for reelection until 2025. Again, unless enough folks vote him out in favor of someone that I'm really hoping will run (initials B.L.), Jackson will continue to spiral out of control. HB 1020 is their only hope at this point.
As a Hinds County voter, I don't think that my conservative vote matters much, but I will continue to try to vote some of these crooks out.
B.L. will get his ass kicked from here to Durant. He (and you) are clueless to the reality of skin color in every election here. There is absolutely no chance that B.L. will win. Been there, done that. If he a (and you) haven't figured it out, at the end of the day, they hate you.
10:04 responding to 11:42 - "In his/her first paragraph, 10:04 has (temporarily, at least) restored my faith in the next generation of young lawyers."
Thanks, and not to shake your restored faith, but I am old, retired, and let's just say I didn't go to school in MS at any point in my long (and always-continuing) educational journey.
I will say this to young lawyers and those hoping to become one: if a dog, young or old, can be taught even a single trick, she or he can be taught many more as long as both the student and teacher have a willingness and receptiveness to learn and teach. Law school is, or at least should be, more about learning and understanding how to learn rather than being taught case law, statutes, and code or the practice of law, all of which involve a lot of self-education through paying attention once you learn and understand how to learn. Everyone makes mistakes and two of the biggest most make (repeatedly) is not learning from them and be unwilling to admit to others or even yourself that you make them.
I am glad to see this come out of the AG's office.
I am a LEO in Hinds County. Since the Fox verdict was read in August, many of us have been wary of doing our jobs to the fullest extent. Every officer has dealt with someone resisting arrest at some point, and we should not have to second guess every time we have to go hands on with someone. If you are a LEO doing your job, and staying within the law, you should not have to worry about your own judicial system coming after you. I agree with @11:56 and do not have much hope for Hinds County, but it sure would be nice and reassuring to see some folks in those positions that back law enforcement. Hinds County can't afford to not stand behind LE at this point.
How does this make it to the proper judicial venue for reversal? I don't know the way that works.
Anyone got a link to the body camera footage? It should clear up all the confusion.
10:04/12:20: I couldn't agree more on the importance of never-ending learning. That lack of that teachability/willingness is what concerns me most about under-40 attorneys.
A few years back, a senior-status federal judge told me that he's still learning the law. He basically said pride is a lawyer's worst friend.
On another note, Jody Owens may not be much, but he's a helluva lot better than the guy he replaced, Robert Shuler Smith. RSS probably freed more violent criminals by failing to bring cases to the Grand Jury than any defense lawyer/judge.
-11:42
"How does this make it to the proper judicial venue for reversal?"
Fox (well, his attorneys) filed notice of appeal - it's there. I have no dog in this fight, but in this case, the whole appellate process should have been and be thus:
Brief for the Appellant:
"Seriously?"
Response Brief:
"Um, yeah, we got nothing."
OPINION:
"EN BANC
(however much withering benchslap dicta the COA felt deserved here, and yes, it is richly deserved)
Reversed and Rendered in favor of Appellant."
At which point, the circus over, Mr. Owens and Ms. Wooten would have, or should have, some pretty fancy explaining to do.
Before the whaddabouts chime in, yes, white DAs and judges have pulled and continue to pull this kind of shit on non-white (and even factually-innocent people, and no I do not mean the Flowers fiasco) people every week in MS, but two, 200, or 20,000 wrongs don't cancel a single wrong when it comes to actual justice. And until Mississippians of every hue or tint let those who pull any kind of shit know we will not continue to put up with ANY of it in OUR - not their - criminal and civil courts and justice system, we'll continue to get exactly the "justice" we continue to elect.
“Two witnesses said Fox slammed Robinson to the ground but several police officers testified he did not do so. “
Sounds like the jury found the eyewitnesses more credible than the officers. That’s what happens when the citizens find out how many lying scumbags line are in policing, their stories have to be backed up by evidence or it’s pretty much worthless. If Anthony Fox didn’t slam him to the ground or beat him with a flashlight, there would almost certainly be body camera footage to show it.
Let's not overlook the fact that Lynn has established a long-standing practice of jumping on board and tagging along with whatever will get her name in the record. There is zero work involved in doing that.
What else does she do?
July 11, 2023 at 1:37 PM
That bar was 6 feet under when RSS was alive. Doesn't take much to not be as crooked as he was.
"Sounds like the jury found the eyewitnesses more credible than the officers...If Anthony Fox didn’t slam him to the ground or beat him with a flashlight, there would almost certainly be body camera footage to show it."
First and foremost, I'm not defending Fox or disparaging the "witnesses" and again, I have no dog in this fight.
If the witnesses saw Fox put Robinson on the ground, define "slammed to the ground" in objective relevant terms and how it would redefine Fox's conduct from presumably lawful when encountering an unlawful resister to a wanton disregard for Robinson's life AND do it beyond reasonable doubt. For the instant purpose, let's assume all witnesses are offering their honest version of what they believe they witnessed.
Now let's consider the physical evidence, primarily the physical effects to Robinson from his encounter with Fox. In the immediate aftermath and interaction with the EMTs (that Fox called), Robinson did not accuse Fox of excessive force. Fox had a small superficial skin injury, which was (wildly) inconsistent with Robinson's head being "slammed" into a paved road, as the civilian witnesses, but not Robinson himself, alleged well after the fact.
Now let's consider just some of the other evidence. It is indisputable that Robinson was not taken into custody and undisputed that he was "uncooperative" and did not comply with lawful instructions. Again, Fox called the EMTs when he saw Robinson's apparently minor injury. Robinson refused medical assistance, leading Fox to insist that at least apply a small dressing be applied. Fox then allowed, even instructed, Robinson to leave the scene. Apparently, Robinson did not accuse Fox of anything prior to Robinson's death, after being found by other EMTs. Four doctors provided testimony that Robinson's use of blood thinners contributed to his death. Apparently, there was no evidence that Fox knew Robinson's medical history insofar as it is relevant to their interaction.
Next, what Owens had to prove to convict under the indictment he sought and obtained: to prove beyond a reasonable doubt to a reasonable "finder of fact" that (in lay terms) Fox knew or should have known that his conduct during the physical interaction was likely to result in the death of Robinson and he didn't care. Even if it is assumed that Fox called the EMTs as pure ass-covering, AND the witness testimony of "slammed to the ground" is given weight, AND the other LEOs disputing it is not, there has not been a scintilla of evidence made public to support such a finding. There is no indication that such evidence was potentially discoverable when Owens proceeded with the prosecution (not the trial, the prelims to get to it). If there had been video, it would have needed to support not only did Fox act with unreasonable force, he did it disregarding the probable result. About the only thing that could have gotten there would have been some indication that Fox knew what his conduct would likely produce and just didn't care, apparently never even possible based upon the released information and trial.
If anyone is likely guilty of "wantonly negligent" conduct in disregard of the consequences of that conduct, it was first Robinson (who sure as shit knew he was on blood thinners and up to something), and then, Owens (who sure as shit knew he had no justiciable case but pursued it anyway), and possibly Wooten (who sure as shit ought to know she isn't a competent judge but once again proved it), rather than Fox (who sure as shit knew they were hunting for a murderer and he had encountered an idiot). I would not pay big bucks to have Dick Posner write this opinion but I'd sure as shit pay at least 2-4x the price of a movie ticket to watch him read it open court if he did.
If the Appellee agrees that the relief requested by the Appellant should be granted, I don't understand how there is a live controversy.
I don't practice criminal appellate law, so maybe someone who does will chime in and educate me on this. Thanks in advance.
"I don't understand how there is a live controversy...I don't practice criminal appellate law"
Where is Fox and what is his legal status as to a criminal record, along with all that entails in MS and nationwide, among myriad other issues? Should his conviction be voided, and if so his record rehabilitated/corrected, by and through appellate action? It certainly appears so. But until the COA or another appellate court does something, Fox's conviction remains intact and his name and record impugned regardless of what anyone thinks, believes, or wants.
As to area of practice, I have never been counsel of record on a criminal case pre-appeal in any jurisdiction and no one would have ever called me a criminal law practitioner, but I have been involved in numerous cases post-trial. As a suggestion, maybe a bit more personally-imposed "CLE" might be in order. The overarching issues in play here transcend "criminal law" practice and touch upon systemic issues that we better work to fix. Just a suggestion from a old guy who will be worm food before it is fixed. Do with that anecdotal information what you will.
Jody Owens and Adrienne Wooten belong in jail for their gross incompetence railroading this officer.
11:06, Thanks for the bloviation. I have handled quite a few civil appeals. When the parties to an appeal agree on the outcome, we call that a "settlement," and a joint motion for voluntary dismissal of the appeal is filed.
Obviously, settling a civil case is not the same thing as vacating a criminal conviction. That is why I asked a criminal appellate practitioner to chime in, but I got you instead.
9:19 p.m.
"11:06, Thanks for the bloviation. I have handled quite a few civil appeals. When the parties to an appeal agree on the outcome, we call that a "settlement," and a joint motion for voluntary dismissal of the appeal is filed.
Obviously, settling a civil case is not the same thing as vacating a criminal conviction. That is why I asked a criminal appellate practitioner to chime in, but I got you instead.
9:19 p.m. "
Your rationalizations and ad hominem fall on very dubious ears. If you are an attorney, why in the high holy flock would you ask basic legal questions in such a forum rather do a cursory search on readily-available legal resources (WL, L-N, etc.) or even Google, etc., all of which which could and would have provided a certain answer from a known source.
As a personal observation, re-read that to which you responded. To quote Messrs. Winnfield and Mystal (admittedly one fictional and the other pulpy), "allow me to retort." If you are an attorney, your reply is yet another example of why there are lawyer jokes, and why lawyers, judges, and even SCOTUS justices are almost as well-respected by the general public as telemarketers ignoring the "Do Not Call list" to sell time-shared low-mileage used cars, including free access to "the windows technical security supporting division" ("available 24-7 by doing nothing more than texting us your credit card and bank account numbers, along with your login information and SSN!").
I think 11:06/11:04 is a malfunctioning AI.
I think 11:06/11:04 is a malfunctioning AI.
July 13, 2023 at 10:55 AM
^^ agree!
"I think 11:06/11:04 is a malfunctioning AI.
July 13, 2023 at 10:55 AM
^^ agree!"
Oh, come on now...fess up - neither of you actually think. I'm sure to many of those edjamakated in Mississippi public schools and who only associate with the same, anyone who actually knows something about anything seems like a strange and unfamiliar thing indeed. But just because some of you folks are real idiots doesn't mean non-idiots are not real folks, some even with an education obtained outside of the Mississippi educational system.
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