JURY RETURNS GUILTY VERDICT IN JUNE MELEE; KENNETH CAMPBELL FOUND GUILTY OF MISDEMEANORS

HILLSBORO -- After 13 hours of deliberation over two days, a Jefferson County jury convicted Kenneth Campbell Friday of two misdemeanor counts and recommended a sentence of one year in jail plus a fine.

Campbell, 35, of Cape Girardeau was charged with first-degree assault of a law enforcement officer -- a felony -- and misdemeanor interfering with an arrest. Although finding Campbell guilty of the latter count, the jury opted to convict him of the lesser charge of third-degree assault of a law enforcement officer instead of the felony sought by the prosecution.

The convictions bring to a close criminal proceedings stemming from a June 11 civil disturbance in the 300 block of Good Hope Street in Cape Girardeau Several police officers were injured when some people in a group of about 150 threw rocks and debris as officers attempted to arrest Campbell and his brother near the Taste Lounge.

An exhausted-looking Campbell had no comment following the verdict announcement.

"You don't want to know what I'd have to say," Campbell said softly.

His brother Greg Campbell, who was at his side throughout the trial, added: "It is not over."

St. Louis-area defense attorney Charles M. Shaw, who represented Kenneth Campbell, also declined comment.

Although disappointed the jury didn't return a felony conviction, Cape Girardeau County Prosecuting Attorney Morley Swingle was satisfied with the verdict.

"This is definitely a win," Swingle said. "The jury definitely had to believe the officers to return a guilty verdict. I think what is most important is it sends the message that when someone sees a person being arrested on the street, they can't inject themselves into the situation and attack an officer or they will be charged and go to jail."

The jury recommended the maximum sentence of one year in the county jail on the assault count. It suggested a fine of up to $1,000 for interfering with an arrest.

Judge Dennis J. Kehm, who presided over the trial, will set the fine and determine if Campbell spends time in jail or receives probation. Sentencing is set for Aug. 24.

Had the jury found Campbell guilty of felony assault, he would have 10 to 30 years or life in prison.

The trial began Tuesday at the Jefferson County Courthouse, where it was moved on a change of venue from Cape Girardeau County. The case went to the jury at 2:20 p.m. Thursday.

After more than nine hours of deliberation, jurors remained deadlocked. At 11:30 p.m., Kehm agreed to let the jury break for the night. The panel resumed its discussion at 10 a.m. Friday and informed Kehm it had reached a decision nearly four hours later, at 1:50 p.m.

"This is one of the longest periods of time in my career I have waited for a verdict, either as a judge or a lawyer," Kehm said just before the jury returned to the courtroom.

Just nine days prior to the verdict, a Boone County jury acquitted Greg Campbell of two felony charges arising from the incident. That jury reached a decision after just 75 minutes. Greg Campbell had been charged with assault of a law enforcement officer and resisting arrest.

In both trials prosecutors maintained Greg Campbell provoked an incident with Cape Girardeau police officer Rollin Roberts for no reason and eventually attacked the officer, knocking him to the ground. Kenneth Campbell arrived and joined his brother in stomping the downed Roberts and attempting to cause the officer serious physical injury, the prosecution maintained.

The defense claimed Roberts was the aggressor. They said Roberts' patrol car nearly ran down Greg Campbell as he was crossing the street. The officer, who is white, became belligerent when challenged about his driving, directed racial slurs toward Campbell, who is black, and then physically attacked him. Greg Campbell was merely defending himself and Kenneth Campbell was coming to the aid of his brother, the defense claimed.

The defense in this week's trial also attempted to imply that Roberts hadn't suffered any injuries and therefore couldn't have been brutally assaulted as he claimed. Hospital records and photographs taken by police showed Roberts had been injured, although the injuries, as Roberts himself described, were minor.

Including the Campbell brothers, a total eight men had been criminally charged in connection with the Good Hope incident. All told, five either pleaded guilty or were convicted of felonies. Two others, including Kenneth Campbell, were found guilty of misdemeanors. Greg Campbell is the lone member of the group to be acquitted.

Marc Powers may be contacted in Jefferson City at (573) 635-4608 or by e-mail at mppowers@socket.net.