This story will appear in the Aug. 30 edition out later today.
Guests of Jackson Mayor Frank Melton allegedly beat and kicked a handcuffed man outside the Upper Level Bar and Grill early Sunday morning. The victim, Tonari Moore, is the son of club owner Sandra Moore Johnson who, last month, filed for a restraining order against Melton for his "police state tactics" against her and her business.
Witnesses say that the mayor's police entourage handcuffed Moore, the Sunday morning manager of the 4125 Northside Drive nightclub that the mayor has been trying to shut down since he came into office a little more than a year ago.
After police brought Moore outside the club in handcuffs, a group of about four men jumped out of the Mobile Command Center and beat him on his "head and other parts," his attorney Sharon Gipson told the JFP. "They punched and kicked him when they got him down on the ground," said Gipson, who is representing club owners.
Melton later told WLBT that the young men who allegedly attacked Moore were helping him clean up the Virden Addition neighborhood earlier that day. Melton has brought members of his "lawn crew," some of them juveniles and most from the Wood Street neighborhood, on the MCC during late-night police actions before; on a June 28 raid accompanied by a JFP reporter, the young men watched movies in the back of the van while an armed Melton searched for Vidal Sullivan. Wood Street-area neighbors say the juveniles seldom attend school.
Witnesses at the scene told WLBT that the mayor's guests who committed the beatings claimed to be members of the "Wood Street Players," an alleged gang that Melton has obsessed over breaking up since he was director of the Mississippi Bureau of Narcotics.
Willie Hardge, who along with Albert "Batman" Donelson founded the Wood Street Players rap group, called the JFP Monday to deny that the actual Players had anything to do with the beating.
"I know these guys are known for riding with (Melton) in Mobile Command," Hardge said. "They would front saying they were from Wood Street, but they ain't Wood Street Players. That's our main concern. I think it was another way to give us a bad name. We don't have no kind of association with Frank. Period. We weren't even in the vicinity."
Melton accompanied Moore to the University Medical Center emergency room in an ambulance. Earlier that same night, Melton went to UMC after cutting his own hand during drug raids. Although he called TV stations and said he was "bleeding profusely," he received no stitches and returned to the Mobile Command Center to continue his nighttime raids.
Police spokesman Tyrone Lewis, who did not return calls from the JFP, told WLBT that Moore and Johnson were arrested and charged with disorderly conduct, violating a traffic ordinance and interfering with the duties of a police officer. Melton told The Clarion-Ledger that Moore was arrested for taking pictures of "undercover" police officers. On Monday, he told WLBT that Moore was arrested for using foul language inside his club.
Employees at the club deny that an arrest happened at all, claiming Moore was released soon after the incident. "(Police) have been saying that he was arrested, but he has not received any papers. He was not taken downtown," attorney Gipson said.
In any case, attorneys say it will be difficult for the mayor to make charges stick related to photographing police officers on private property or the use of foul language.
"You have a constitutional right to foul language anyhow. … It's hard to make a legitimate charge stick regarding bad language," Mississippi College School of Law Professor Matt Steffey said. "There are Supreme Court decisions shooting down charges for foul language. One man's dirty language is another man's poetry."
Attorney Rob McDuff said that charging someone with disorderly conduct for taking pictures will be difficult to uphold, especially if other cameras are present.
Many cameras, both video and still, have been on the property since the mayor stormed the business on June 24, 2006, with a SWAT team and searched patrons within the club and in the parking lot. In response to that raid and two others, on July 8 and July 16, Johnson filed for an injunction and temporary restraining order against Melton.
The club argues that Melton repeatedly violated a July 8, 2005, agreement with the them that any actions the city wanted to take against it had to go before Hinds County Chancery Judge Patricia Wise and that Melton would not "make continuous attempts to impede the Upper Level Bar and Grill's ability to conduct business or harass the club or its patrons."
The petition, which a judge has not ruled on, says that Melton and a SWAT team with 15 to 20 units stormed the Upper Level on June 24 without probable cause or warrants and searched patrons in the parking lot and in the club. On July 8, the petition says, the mayor, Police Chief Shirlene Anderson and several police units conducted more illegal searches inside and outside the club. "In addition, Major Melton (sic), wheeling a 'Flintstone like club,' preceded to intimidate the management, staff and patrons with abusive and threatening and profane language." In addition, the officers had their machine guns drawn in the crowded club, it said.
Then, on July 16, the petition said Melton "arrived with his gestapo clad entourage on the pretext that the club looked like it was overcrowded." However, the fire marshal arrived and found no fire-code violation.
Witnesses say Melton routinely carries weapons into the club, although he is not a certified law enforcement officer and has been warned by state Attorney General Jim Hood to not take guns into places like churches, government buildings, nightclubs and places where illegal drugs are used or sold. On Monday, Hood declined to comment on events at the Upper Level.
Though Melton did not return calls to the JFP, he gave a different account of the beating to media Monday, claiming that bouncers from the club surrounded his bodyguard, JPD Det. Marcus Wright, as he attempted to restrain Moore. Melton said two of his entourage tried to help pull the bouncers off Wright and denied that they aimed their attacks at Moore. Neither Moore nor Johnson could be reached for comment.
Steffey said another lawsuit could be en route if the arrest was unlawful. "Whether it's this case or another, sooner or later, the mayor risks putting the city at civil liability. … The city can say, 'We don't condone questionable traffic stops, or illegal carrying of weapons,' but when the mayor does it, it is city policy; therefore, it subject the city to liability."
McDuff said the whole thing looked "like a complete circus" that could cost the city a lot of money if what witnesses say is true.
"The manager could already file a suit for false arrest and, from what I can tell, this has exposed the city and its taxpayers to a serious civil judgment for some very real money. On top of that, if part of the mayor's entourage roughed this guy up, you magnify the amount of money the city and taxpayers would have to pay," McDuff said.
Ward 6 Councilman Marshand Crisler shares this concern. "The reports I got are disturbing and raises my concerns to new heights regarding the direction this administration is going in. … I hope it's not as bad as its been reported to me, but if it is, we need to take a strong look at our policy and operational procedures of our mayor's office and police department," Crisler said.
Comments to: [e-mail missing] Additional reporting by Donna Ladd.
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