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Kennett criminal case that brought accusation of police brutality comes to Stoddard County

Thursday, October 22, 2009 ~ Updated 10:32 AM
A Dunklin County criminal case that has gathered widespread attention and prompted action by the NAACP is now in Stoddard County court.

The incident that prompted charges against Heather Renae Ellis, now 24, of Kennett, Mo., began on Jan. 6, 2007 at the Kennett Wal-Mart.

According to the probable cause affidavit filed in Dunklin County on Jan. 7, 2007, the incident began when at 11:30 p.m., Kennett police received a radio call requesting assistance at Wal-Mart due to an unruly and belligerent customer.

"I could immediately hear the voice of a female that was talking loudly," officer A.W. Fisher wrote in the affidavit. "I could hear the female yelling and cursing."

Fisher went on to say that it was obvious who was causing the disturbance.

According to reports, Ellis broke in line past another customer, but the employee had already begun ringing up another customer.

Ellis reportedly then became angry and began pushing items back up the conveyor belt and yelling at the employee.

She was then told by management to leave and she refused.

Fisher states that the manager on duty informed him that she wanted Ellis to "be removed, and escorted from the store, and off the property."

Fisher characterizes Ellis' continued behavior as "belligerent, angry, hostile and aggressive."

"...Ellis refused to comply with my repeated requests for her to calm down and cease causing a scene and disturbance," he states. "[She] then turned her anger and aggression toward me."

She allegedly then began yelling, cursing and making derogatory statements toward the officer. She then took her purchased items and began walking toward the exit while continuing to yell at the officer.

"I tried to convey to Heather Ellis, as best I could, that all she had to do was leave peacefully," the affidavit states. "However, it was incredibly and abundantly obvious that [she] had absolutely no desire and/or intention of complying..."

Fisher then, after repeated requests to calm the situation, told her that if she did not calm down she would be arrested. According to Fisher, Ellis then told him that if "I even tried to put my hands on her and if I tried to arrest her she was going to "beat my [expletive]."

When he informed her that she was under arrest and began trying to handcuff her when she allegedly became combative.

Ellis then began fighting with Fisher and swinging her arms and fists. Despite requests she continued to fight.

He went on to say that she kicked him and struck another officer in the mouth before being handcuffed.

After being arrested and placed in jail, Fisher states that the Kennett Police Department received a call from the Dunklin County Sheriff's Department stating that Ellis was demanding medical attention and that she was being released to seek it.

She is charged with two counts of the Class C felony assault on a law enforcement officer, one count of the Class B misdemeanor peace disturbance and one count of the Class A misdemeanor resisting arrest.

Ellis' family, according to a report published by a Fox media outlet in Memphis, Tenn., claims the arrest involved racism.

According to the family, she had switched lines to join her cousin when she was allegedly shoved by a customer and accused of cutting in line by an employee.

The case has garnered the attention of some national media outlets as well as the National Association for the Advancement of Colored People (NAACP), which hosted a peace rally at the Dunklin County Courthouse in June. The event was to protest what it called "police brutality and injustice" in the Ellis case.

Ellis was to appear alongside her attorney, N. Scott Rosenblum of St. Louis, on Wednesday as the pre-trial hearing takes place before Judge Joe Z. Satterfield, who will also be trying the case in November.

Rosenblum has handled several other high profile cases in Southeast Missouri in recent years.

Pertinent address:

1500 1st Street, Kennett, Mo.


Comments
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Will Jessie Jackson and Al Sharpton be there at the pre-trial?

-- Posted by Glock_23 on Thu, Oct 22, 2009, at 1:01 PM

That is all they have to say ( it is racist ) and they get what they want from anyone

-- Posted by Munchie on Thu, Oct 22, 2009, at 1:54 PM

That is all they have to say ( it is racist ) and they get what they want from anyone

-- Posted by Munchie on Thu, Oct 22, 2009, at 1:55 PM

This sounds like it may've been as much a case of escalating misunderstanding and poor impulse control, as a case of "racist" behavior. OK, so she didn't really cut in line -- she was just joining a family member in the line. But when the other customer shoved her, she should've maintained a nonviolent posture and tried to make her position clear to the employees. At every step along the way, she reacted in a vengeful, irrational manner -- up to and including striking police officers.

Now, maybe some store security video will come out and vindicate her -- showing that she did not act as badly as this report makes it sound. But from the report, it seems like this is a poor case for the NAACP to be taking on. It's not like the Gates case, where the police officer clearly overstepped his authority -- as soon as he saw that Gates was in his own home, he had no reason to remain on the property, and should have left. (Maybe Gates was acting like a pompous jerk, but that's not a crime.)

-- Posted by auros on Thu, Oct 22, 2009, at 4:01 PM

It's Walmart. There should be video surveillance of the entire incident.

-- Posted by heye1967 on Thu, Oct 22, 2009, at 5:03 PM

"auros" since you brought up the Gates case, does this mean you believe Ellis and Fisher should be taken to Washington D C to have a beer with "you know who"?

.....and so it goes.

-- Posted by mo_ky_fellow on Thu, Oct 22, 2009, at 8:32 PM

This shows how racist the NAACP really is. A Malden man just won $35,000.00 in the Cape Federal Court because he was abused by a Dunklin County Deputy who is now the Malden Chief of Police. NO ONE said anything about this other than a blurb in the Southeast Missourian and that article was written by a writer from the Daily American Republic. If they were truly concerned about police brutality, they would have spoken up for this man that had his civil rights violated. The only difference is... he was white.

-- Posted by thekid on Thu, Oct 22, 2009, at 11:24 PM

the NAACP should be the NAAAA...

-- Posted by *Rick* on Fri, Oct 23, 2009, at 6:01 AM

I hope auros is being sarcastic - the police never overstepped their bounds in the Gates case. Henry Gates was the pompous a** and the police officer acted properly and according to policy and procedure.

-- Posted by bigdaddy200 on Fri, Oct 23, 2009, at 9:22 PM


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