Harborwalk developer John Burwell appeared in Ridgeland Municipal Court before Judge Hal McCurley to defend himself against simple assault charges on July 19. Jackson resident J.T. Clerk, 55 years old, filed the charges against Mr. Burwell after a confrontation between the two at Main Harbor on the evening of April 26, 2011.
Dressed in a dark blue blazer, Mr. Clerk testified he had been fishing in a spot in Main Harbor for 22 years and at times took his sons. Mr. Clerk said he got there between 7:30 and 8:00 PM and was alone but for two other people fishing on the bank. Both sides agreed an employee of Mr. Burwell's drove up and told them no fishing was allowed. Mr. Clerk testified he said "ok" but then his line got caught in the rocks and he worked for fifteen minutes to clear his line so he could leave. He said he then "broke my line and started carrying stuff to my truck. It took two to three trips. On the last trip a white Escalade drove up."
The following is Mr. Clerk's testimony:
Burwell "You dumb s.o.b., can you read?" and then said "you're a dumb s.o.b., you can't read. You need to learn a lesson."
Clerk: "You'd do better if you got along with people. I'm gonna leave."
Burwell: "You can't leave until I say you can leave".
Clerk: "I could smell liquor. This man was highly intoxicated. He shoved me three times. He went to his truck, opened the door and repeated, "you can't leave until I say you can leave."
Mr. Clerk testified he stopped when a man sitting in a nearby car said "that's enough, John." Mr. Clerk admitted "I never saw a gun" and that "after he shove me, he got on my truck and started opening my stuff. He got up on the bed and said 'this shit, you come up here to get this shit? I got in my truck after he got down and left." Mr. Clerk testified he was a diabetic and has nerve damage in some of his limbs.
Dana Kelly represented Mr. Burwell and subjected Mr. Clerk to a cross-examination that was contentious, colorful, but at times effective. Mr. Kelly first challenged Mr. Clerk's assertion he was "blocked in" by Mr. Burwell's truck. Mr. Clerk first said he could not remember if or when the truck was moved and then "his truck was in front of me." Mr. Kelly then held up a sign, 18" X 18" or so that said "No trespassing" in red and white letters and then told Mr. Clerk "You ignored this sign". The complainant admitted he ignored the sign. Kelly then comically tried to use the fact Mr. Clerk earlier sat on a bench that had a sign "reserved for attorneys' in the courtroom to show Mr. Clerk shows a pattern of disregarding posted signs. Everyone but the judge almost laughed Mr. Kelly out of court on that trick.
However, Mr. Kelly then challenged Mr. Clerk's assertion that he tried to leave within fifteen minutes after he was told to leave. Mr. Kelly used phone records to show 45 minutes passed between when he was told to leave and when Mr. Burwell appeared. Mr. Kelly stated the other fishermen left and didn't have a problem and said "You were there for 45 minutes and only left because you were forced to leave." The attorney requested dismissal but was overruled by the Judge. Mr. Clerk was again forced to admit he never saw a gun although he said he thought Mr. Burwell was making a "gun break" when he went to his truck.
Mr. Clerk stepped down and Mr. Burwell assumed the stand. He said there were 25 "No trespassing signs" posted and that "reluctantly posted them" after having problems such as trash and debris left by fishermen. He stated his employee twice told Mr. Clerk to leave and Mr. Clerk was standing on the rocks with a fishing pole when he arrived. He said he was not in the parking lot by his truck and he wanted to argue. Mr. Burwell, who appeared to be in a jovial mood before the hearing started, said "I should have called Ridgeland Police. Its hard for me to imagine someone wants to ignore a sign. I never moved my car. You couldn't block in an 18-wheeler in that parking lot." He later said "I think its kinder not to call the police."
Mr. Burwell heatedly stated "I never touched him." Mr. Burwell was asked if he had exclusive rights to the property. Mr. Burwell strongly replied "I own the property. I own the water." Mr. Burwell later reiterated his point near the end of his testimony: "I don't claim they are my property, they are." Mr. Burwell stated he paid $647,000 to the PRVWSD on July 2 as well as $170,000 in ad valorem taxes and $700,000 in sales taxes. He disputed Prosecutor Boty McDonald's contention his leases allowed people to fish even when Mr. McDonald pulled out a copy of the lease and said the leases granted the public access to Main Harbour. The prosecutor pointed to another section of the lease and claimed it allowed people to fish as well.
Lamar LeBlanc testified after Mr. Burwell. Mr. Leblanc was fishing on the bank when Mr. Burwell's employee told him to leave. He stated he told Mr. Clerk "let's leave, we really are not supposed to be here." Mr. LeBlanc rents a houseboat in Main Harbour. Jim Timmons testified last. He observed the exchange from his vehicle and said it grew heated at times. He stated Clerk said "I've been fishing here for 15 years" and he never saw the defendant push Mr. Clerk. He said he lives out of his car and Mr. Burwell lets him park his car in the parking lot at night.
Judge McCurley said he would issue a ruling on August 1.
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