Former Capitol police officer Michael Rhinewalt might have to be tried again for manslaughter if Hinds County Circuit Judge Faye Peterson has her way.
Capitol Police officers Michael Rhinewalt and Steven Frederick pulled over 25 year-old Jaylen Lewis on Mayes Street near the Fondren September 25, 2022. However, the traffic stop went awry as Lewis was shot to death.
Lewis was the best friend of the son of Jackson Pastor Dwayne Pickett. Pastor Pickett went into community activist mode as he led protests, accusing the Capitol Police of killing Lewis in cold blood. The Mississippi Bureau of Investigation investigated the case and submitted its findings to the Attorney General. The A.G. obtained an indictment for manslaughter against the two men in March 2025.
The case went to trial last month. The jury found Frederick not guilty but could not agree on a verdict for Rhinewalt. Attorney General Lynn Fitch announced prosecutors would not seek a retrial of Rhinewalt and filed a motion to dismiss but Judge Peterson had other ideas.
The esteemed and learned jurist decreed:
the State seeks an Order of Nolle Prosequi with Prejudice by asserting claims of multiple continuances, the mistrial verdict, and its belief that further efforts at trial would not be in the interests of justice. Id. These claims are inappropriate for the relief sought. As to the procedural history, this case was indicted in March of 2025 and transferred to the undersigned on April 16, 2026. Since that time one continuance was granted at the agreement of the parties to obtain a special setting. Moreover, the Court, having heard the testimony and evidence received during the trial herein, does not see and cannot find a genuine basis to grant such a relief for this particular case as all witnesses are available and there is no conflicting evidence such that the State cannot pursue prosecution. The Court does not operate in vacuum and is aware that on the date the case was announced as a mistrial, the Office of the Attorney General announced it would be abandoning its duty to pursue prosecution of this case due to a bias in preference oflaw enforcement rather than upholding the oath of the office to pursue prosecutions of cases without bias, sympathy or prejudice. This Court will not grant a nolle prosequi with prejudice based on the reasons asserted in the motion, as the State has not articulated a substantive basis to abandon said oath and duty; especially, in light of the evidence presented during trial and the availability of witnesses. The Court will entertain a motion to remand the file, in the event another prosecuting office should endeavor to pursue prosecution of the subject matter. The Court finds that the motion is not well taken and that the motion should be denied. IT IS ORDERED AND ADJUDGED that the State's Motion to Nolle Prosequi is DENIED.
It appears Judge Peterson wants Rhinewalt prosecuted. Stay tuned.


5 comments:
Good! He should be retried
Doesn’t the judge know having a gun and a badge makes you above the law?
That is the judge taking issue with the AG trying to blame the court.
I believe that the DA determines if someone is to be retried, not an activist judge. Executive branch vs. judicial branch.
Good grief, Judge Peterson. Let it go.
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