Jackson Free Press

This story will appear in the April 4 print edition of the Jackson Free Press.

Hinds County District Attorney Faye Peterson said she will not sign off on a motion to clear the sentence of a former Jackson police officer who ran a red light and killed a man.

"When this man finishes his two years of probation, he's going to have to submit a motion to this office for us to sign off on whether or not it should be expunged, for us to present to a court. I am not going to submit an order to a court that's not within the confines of the law, so this man is going to be stuck out there with an open adjudication, as far as I'm concerned," Peterson said.

On June 11, 2005, Jackson Police Department Officer Jeffrey A. Middleton ran a red light on Highway 18 while coming back from Raymond, plowing into and killing Desmonde Harris as he was turning onto a side road. Middleton was charged with vehicular manslaughter with culpable negligence, a charge punishable by up to 20 years in prison.

Hinds County Circuit Judge Bobby DeLaughter cut Middleton a deal, though, placing him on probation for two years and withholding adjudication.

"Non-adjudication means the court is holding its judgment, but the records of the arrest and so on are still there," Mississippi College of Law professor Matt Steffey explained. A typical non-adjudication, he said, would be a first-time misdemeanor drug offense, where the offending party would agree to classes and drug testing. If he fulfills his obligations, the judge agrees not to find the person guilty, meaning that he would have no record of a conviction, though his arrest would remain.

Peterson said it violated state law to give Middleton a non-adjudicated sentence. "I don't know of any instance where a person charged with a crime against a person got his sentence non-adjudicated, especially if it's a homicide. Even if it's a vehicular manslaughter. ... The laws of the state of Mississippi say you don't get a non-adjudication when you kill somebody," Peterson said

Mississippi Statute 99-15-26 allows non-adjudication against someone if they successfully complete court-imposed conditions, but it specifies that non-adjudication "is available to all criminal cases, felony and misdemeanor," excepting "crimes against the person." Vehicular manslaughter is a crime against a person.

Peterson said her office cannot comply with DeLaughter's decision to clear Middleton's record. She added that even if she did comply, the Department of Public Safety would reject the motion.

"We have people calling all the time to try to get a manslaughter expunged. You can get a pardon from the Legislature, but you can never get it off your record. What would that say to all these other people who have been convicted of this offense? My concern is that if I have a similarly situated defendant, they are not going to get this option," Peterson said.

Steffey said Peterson's move would make little difference, however. "It's symbolic on (Peterson's) part because what you would really want expunged from your record, first and foremost, are convictions—so you can vote, have your civil rights restored—but there's no conviction in this case," he said.

DeLaughter has had close relationships with Middleton attorneys Ed Peters and Tommy Mayfield in the past. Peters is a former Hinds County district attorney and Tommy Mayfield is a former assistant district attorney. DeLaughter was an assistant district attorney before he was elected to the circuit court. He prosecuted cases under Peters and worked alongside Mayfield.

Neither Peters nor Mayfield returned calls.

Peterson also objects to how DeLaughter handled the non-adjudication. Normally, the judge will hold a pre-sentence investigation report prior to making a non-adjudication decision, letting all parties comment. DeLaughter skipped that portion of the trial, however.

Peterson said she did not believe that Harris' family was ever allowed "an opportunity to make a statement."

"I know we notified them of the date of the sentencing hearing, and explained to them all the variables involved, but that letter said nothing about the possibility of non-adjudication," Peterson said.

Winston Thompson III, the attorney for the Harris family, told The Clarion-Ledger that the family was in the dark about DeLaughter's decision until Peterson's office sent them a letter.

Thompson's account contradicts a statement DeLaughter made to The Clarion-Ledger, however. "This was not done lightly," DeLaughter said. "If there had been an objection made by the victim's family, it would have been an entirely different situation."

DeLaughter told the Jackson Free Press that he will not comment. "I won't discuss in the realm of the media a case that should be worked out in a courtroom," he said.

Thompson did not return calls.

Peterson said that even though a conviction will not taint Middleton's record, an open plea will always be with him. "What he has is an open plea to a manslaughter on his NCIC (National Criminal Information Center) record. That's not going to go away," Peterson said.

Update:

One of our readers referred to a Clarion-Ledger article in which DeLaughter claimed that the prosecution failed to object at the time of sentencing. According to District Attorney Faye Peterson, this simply isn't true. She told the Jackson Free Press that her prosecutor did make a formal objection to non-adjudication at the time of sentencing, telling the judge he did not believe non-adjudication was allowed in a crime against a person. DeLaughter set that objection aside, according to Peterson.

Also, as a point of clarification, this story may not have made it sufficiently clear that Middleton pled guilty to vehicular manslaughter. Where the story states that Middleton will always have an open plea on his record, it would have been clearer if the story had stated that Middleton will always haven an open guilty plea on his record, though he will not have a conviction.

Previous Commentsshow

Could this be the beginning of ONE person, Faye Peterson, tearing down the "GOOD O' BOY" system? This is excellent exposure and Peterson keeps proving, time after time, that she intends to practice the law of justice and fairness. GO FAYE GO!

justjess

Apr 4 2007

if I remember correctly, the CL story also said that Delaughter said that Ms Peterson's office never objected either. I didn't see that comment addressed in this story.

Kingfish

Apr 4 2007

So Peterson's office never objected, the victim's family never objected and now Peterson is refusing to follow Delaughter's decision. This decision seems to be being polticized. Election politics as usual in Jackson. As for tearing down the "Good Ol Boy" system, yea right. Peterson is more a part of that crowd than Delaughter is and if you want to look for justice and fairness in Jackson judicial and legal circles you don't have to go any further than Delaughter's office.

Ole Miss Alum

Apr 4 2007

I'd still like to know why it was not addressed in the story, alum.

Kingfish

Apr 4 2007

Yea I'd like to know why it wasn't mentioned in this story either.

Ole Miss Alum

Apr 4 2007

Sometimes I think we over analyze situations. It should be shocking that any judge sentences a person convicted of a homicide to non-adjudication. It should be shocking for two reasons: 1) because we are talking about the snuffing out of a human life and, 2) according to the above statute, the sentence is illegal. If judges don't follow the law they are no longer judges but kings that can change the law whenever they wish. There were questions asked about whether or not the DA's office objected. Sentencing is left up to the sole discretion of the judge when there is an open plea. This means that an objection by the DA or anyone else would have probably fallen on deaf ears. I don't understand why Peterson would need a political motive to speak out against an obviously illegal sentence. Personally, I don't care if Peterson has an alternative motive. This sentence was patently wrong, illegal according to the statute and unfair. Maybe someone should question DeLaughter's motives.

thetruth

Apr 4 2007

it would not surprise me if a prosecutor dropped the ball and missed the objection period. Peterson finds out when this is being covered by the media and thus has the reaction we see.

Kingfish

Apr 4 2007

Yup. Then her grandstanding begins. Once again, another great reason this is political stumping for someone who will be facing a few contenders in the next election for DA. Also, "I don't care if Peterson has an alternative motice." Thetruth, you hit the nail on the head about people in this town missing the ball when it comes to politicizing judicial decisions. No one in the town seems to truly care when some deaths are prosecuted and others are not, simply for political reasons. As for Delaughter's motive, I think they are pretty clear. He found no reason to bury a guy for an accident and without the family chiming in or Peterson's office raising an objection, he did his duty. I wouldn't go blasting Delaughter for having ulterior motives, because he doesn't.

Ole Miss Alum

Apr 4 2007

I wouldn't go blasting Delaughter for having ulterior motives, because he doesn't. Is this Bobby DeLaughter? Otherwise, I don't see how you can make that statement on his behalf.

DonnaLadd

Apr 4 2007

yup. Bobby Delaughter

Kingfish

Apr 4 2007

No, this isn't Judge Delaughter, but just speaking as a person who as admired him for a while and followed his career, I seriously doubt he would jeapordize his good name and good record for anyone. Of all the judges in this vicious little corrupt town, Judge Delaughter has stood for justice and fairness when alot of people have laid down with wolves. I want someone to prove, or hell, come up with something besides innuendo against Delaughter.

Ole Miss Alum

Apr 4 2007

That sounds better, Alum. At least you're not pretending to speak for him, instead giving your opinion. I will point out that you've come up plenty of innuendo against the D.A. What's good for the goose ...?

DonnaLadd

Apr 4 2007

my only issue has been that Delaughter said the DA didn't raise any objecctions and the story didn't address that so it gives a little bit different slant to it.

Kingfish

Apr 4 2007

She is the one running to the press to prosecute her case. I love Delaughter's statement about his being better handled in the courtroom than the local media outlets. Lord I hope and pray that Peterson will lose the election and someone who actually knows how to be a prosecutor will get her seat. As for me injecting innuendo about Peterson, what? She isn't grandstanding for JFP and the Ledge? Thats not innuendo, thats fact.

Ole Miss Alum

Apr 4 2007

Also, I just wanted to mention real quick, I'm still campaigning for the JDTFBI (Jackson Drug Task Force Bond Issue). VOTE JDTFBI!!!

Ole Miss Alum

Apr 4 2007

You know, you can buy a banner ad, Alum, for a reasonable price. ;-)

DonnaLadd

Apr 4 2007

Ole Miss, I don't know whether you read our story about Cedric Willis, who went to 12 years for crimes he absolutely could not have committed. The man who put him there was Bobby DeLaughter. To give you just one example of what DeLaughter did to get his conviction in that case: Cedric Willis was originally charged with rape, in addition to armed robbery and murder. He was indicted for it. They got the DNA test back. It showed he could not have been the rapist. They tested his DNA again. It showed he could not have been the rapist. DeLaughter's response? He moved to have all mention of the rape completely excluded from the trial. If you're a lawyer, you know that this is a big no-no, because you can't exclude exculpatory evidence when the prosecution has gone so far as to present it to a grand jury. Of course, it was the judge's fault for allowing the evidence to be excluded, but that doesn't help DeLaughter's case. What's more, the rape in that case was part of a string of crimes that all had the same MO. A man approached the victims in their driveways. He shot the man in the leg and then robbed the victims. Only once did he rape, but otherwise the crimes were virtually identical. Not only did DeLaughter get all mention of the rape tossed, he also got all mention of other robberies tossed for which Willis had an alibi. DeLaughter knew, or should have known, that Cedric Willis did not commit the crimes he was sentenced to life plus 90 years for. It was a horrible injustice, and DeLaughter had a lead role in perpetrating it. How's that for something more than innuendo?

Brian C Johnson

Apr 4 2007

As for this comment, Ole Miss, you are really showing your colors: As for tearing down the "Good Ol Boy" system, yea right. Peterson is more a part of that crowd than Delaughter is and if you want to look for justice and fairness in Jackson judicial and legal circles you don't have to go any further than Delaughter's office. Do you even understand what the good ole boy system is? If an African American woman is more a part of the good ole boy system than a white male judge, we've really made some stunning progress in the last few years. Of course, the contention is inane.

Brian C Johnson

Apr 4 2007

I guess no one paid attention to my earlier statement. Sentencing is totally up to the discretion of the judge. As long as the sentence falls within the statutory guidelines the judge can sentence the defendant as he or she sees fit. The DA's office (via the grand jury) only has the power to charge a defendant with a specific crime. How can anyone make the statement that DeLaughter is above questioning? That's ridiculous. The ethical action would have been for DeLaughter to recuse himself and not hear a case that was defended by not only his former boss (Ed Peters) but also by his good friend (Mayfield). Canon number 2 of the Code of Judicial Conduct states, "A judge shall avoid impropriety and the appearance of impropriety in all activities." Even the staunchest of DeLaughter supporters have to admit that his hearing this case gives at the very least the appearance of impropriety. And what murders are not prosecuted? I won't say deaths as you did Ole Miss Alum, because the last time I checked it was not illegal to die. The legislature passed into the law which punishes people for "accidents" as you call it. This was not an accident. This is a death that was caused by the culpable negligence of Middleton. A jury could have found him not guilty if he had gone to trial but he knew it was not just an accident. It was a manslaughter. The legislature set that punishment from 2-20 years and also said that this crime does not qualify for non-adjudication. How can you defend the fact that the judge disregarded the very same law that he is sworn to uphold? Go read the statute and respond. Don't ignore the law that is in front of your face. No one is perfect. Not even DeLaughter.

thetruth

Apr 4 2007

(I want to make it clear that I am not saying that DeLaughter is a part of the good ole boy system. I am simply objecting to Ole Miss's absurd claim that a black woman is somehow part of the good ole boy system. You can criticize Peterson in various ways, but that charge is just stupid.)

Brian C Johnson

Apr 4 2007

"The Good Ol Boy System" is not the exclusive domain of white males. I would say Melton qualifies to be in the "Good Ol Boy System" of Jackson, as do many other people in politics in Jackson. "The Good Ol Boy System" is just a name for organized "I'll scratch your back, you scratch mine" tactics, so if you want me to P.C. about, I'll say that Peterson is involved in organized "backscratching." Ok, by the way, I'm coining and trademarking that term: "Organized Backscratching." Sounds like a yoga class in Fondren. LOL. Vote JDTFBI!!! (I can't afford a banner ad, ladd)

Ole Miss Alum

Apr 4 2007

depends on which good ole boy system we talking about. there are several you know. ;-)

Kingfish

Apr 4 2007

Excuse this non-judicial/legal mind, but in cases like this where statute/law clearly states the opposite of the Judges ruling, who monitors this and asks for correction?

JenniferGriffin

Apr 4 2007

I agree that the Good Ole Boyz are letting in the occasional person of another race, and Melton is one of them. However, the argument that Peterson is one of them is so absurd that it's barely worth responding to. She is willing to challenge them, and they don't like her as a result, and that part has nothing to do with competency. It is clear that the last district attorney's office was nothing to be proud of, competency wise at least. Something quite different is at play here.

DonnaLadd

Apr 4 2007

That's OK, Alum. I don't sell ads anyway. Wrong side of the church-state wall. It was a joke. ;-)

DonnaLadd

Apr 4 2007

I just posted an update to this story that addresses the question 'Fish raised. I'll post it here as well for convenience's sake: Update: One of our readers referred to a Clarion-Ledger article in which DeLaughter claimed that the prosecution failed to object at the time of sentencing. According to District Attorney Faye Peterson, this simply isn't true. She told the Jackson Free Press that her prosecutor did make a formal objection to non-adjudication at the time of sentencing, telling the judge he did not believe non-adjudication was allowed in a crime against a person. DeLaughter set that objection aside, according to Peterson. Also, as a point of clarification, this story may not have made it sufficiently clear that Middleton pled guilty to vehicular manslaughter. Where the story states that Middleton will always have an open plea on his record, it would have been clearer if the story had stated that Middleton will always haven an open guilty plea on his record, though he will not have a conviction.

Brian C Johnson

Apr 4 2007

Jennifer, a few different sources could weigh in, most likely the Attorney General's office will issue an opinion, but the State Supreme court could also step in. I agree Kingfish, there are several "Good Ol Boy Systems" and I believe, as is my right to believe, Peterson is a part of one. But then again, I feel that just about every politician is corrupt, save for a few spread way too thin. I'm out for the evening folks, thanks for the ranting. Also, ladd, don't let me see you co-opting my Jackson Drug Task Force Bond Issue. Thats right folks! Step right up and get your Jackson Drug Task Force Bond Issue!! It will cure what ails ya, and your city too! Send a check for $39.99 to: Ole Miss Alum 100 Anti-Drug Street Jackson, Ms No C.O.D.s

Ole Miss Alum

Apr 4 2007

Judge Bobby DeLaughter has a lackadasical, contemptful view of life it seems. It seems that if you're a police officer, you're clear to massacre anyone you like. That's what I'm getting so far.

Ironghost

Apr 4 2007

No problem, Alum. Just let us sponsor it with a logo presence. ;-)

DonnaLadd

Apr 4 2007

Ole Miss, accurate use of language is important, especially in the public square. There are many varieties of "corruption," (I put that in quotes because some of those forms are illegal while others are legal but unethical), and I would never claim that African Americans or females are immune to "corruption." It's not hard to come up with examples. But the notion that an African-American woman is a member of the good ole boy network remains both ridiculous and offensive, especially in this state. That kind of historical ignorance and downright distortion of language would make Orwell spin in his grave.

Brian C Johnson

Apr 4 2007

Actually, I should revise what I said earlier. I don't think that Melton is an official Good Ole Boy. I just think he is serving their goals, at least they thought he would when they helped finance his campaign. So that's not the same thing. What's crazy is that the Jackson Advocate folks have supported such odd alliance. AAaaaaaa!

DonnaLadd

Apr 4 2007

I'd be curious to know if other Judges have ruled similarly, or if this is the first such ruling. If this isn't the first and there is no previous AG opinion or MSSC opinion, then maybe the clarity needs to be in changing the statute to match the - until now - acceptance of the ruling.

JenniferGriffin

Apr 4 2007

Brian: There are several good ole boy networks. Blacks have had enough political power for awhile to form some of their own. You're sounding ignorant for not thinking that exists.

Kingfish

Apr 4 2007

He's not, actually. You are sounding ignorant by trying to water down what "good ole boys network" means. Now, you can say there are power clatches (sp?), or whatever you want to call them, among different groups. But that is not the same as the "good ole boys network." I hate the watering-down of a word or phrase by trying to use it for all sorts of things it doesn't mean. Kind of like using the words "bigotry" and "racist" interchangeably when they're not the same thing. Now, I've been known to refer to the "new girlz network" from time to time. ;-)

DonnaLadd

Apr 4 2007

I heard that "new gilz network" is up to no good! ;-)

pikersam

Apr 4 2007

... to put it mildly. 8-D

DonnaLadd

Apr 4 2007

Kingfish, I'm really not in the mood, especially since I already explained that I entirely accept that there are corrupt black power structures. That is not my point, and I don't need to be lectured by you (one more time) about the fact that there are corrupt black politicians and corrupt black power structures. Go beat up your straw man on your own time.

Brian C Johnson

Apr 4 2007

I'll accept power clatches. To me they are about the same t hing except for scale.

Kingfish

Apr 4 2007

She told the Jackson Free Press that her prosecutor did make a formal objection to non-adjudication at the time of sentencing, telling the judge he did not believe non-adjudication was allowed in a crime against a person. DeLaughter set that objection aside, according to Peterson. If this were true, wouldn't there be a record in the court, or a document somewhere in the public court file, that could attest to this . . . I'm not saying i believe/ disbelieve what she says, but wouldn't it be worth looking into the file and seeing if her statement about this is true? wouldn't that be the natural course of action for someone trying to get to the bottom of this--looking in the court file. I think most politicians lie, including judges and prosecutors, and it seems like it would always be a good idea to check the veracity of their statements when something like this could easily be verified. As a reader of the JFP, i would love to see you all look into this and verify that, in fact, she did do this. I certainly think that it is a crucial part of this story. ojr

djames

Apr 4 2007

there would either be a written objection or it would be in the transcript.

Kingfish

Apr 4 2007

As far as a written record of the objection in the file, such a record would not exist because there would not have been an actual filing. However, there would be a record of it in the official transcript of the plea/sentencing hearing. Once again, sentencing is left up to the sole discretion of the judge. The only limitations on sentencing is the statute, which DeLaughter obviously ignored. Donna I agree with you concerning the strange allegiances that have formed. The Advocate is backing Frank even though he is trampling the individual rights of common folks. Stokes backing Frank is amazing as well. The same can be said for Stephanie Parker-Weaver but for once she has a real job rather than going from one grant to the next. I am not surprised by Bluntson b/c he and Melton go back a long way. Besides Frank gave his daughter-in-law a job as City Prosecutor. And we all know Tillman is brain dead. What happened to the friendship between Lumumba and Stokes? Lumumba now represents the upper level. Shamsideen is/was also a friend of Lumumba. But now Frank is attempting to make him a city judge. It's all mind boggling. My question regarding Stokes and the Advocate is WHAT ARE THEY GETTING OUT OF THE DEAL?

thetruth

Apr 5 2007

Besides Frank gave his daughter-in-law a job as City Prosecutor. Who is that? Guess I can find out. I guess we should go get that official transcript, being that DeLaughter told The Clarion-Ledger something completely different than Peterson is telling us. (And, you know, DeLaughter doesn't talk to the media. Of course, he called us back during his campaign.) Doesn't Mr. Melton have a long history of folks on the other side ending up on his side?

DonnaLadd

Apr 5 2007

Uneasy is the head that wears the CROWN and especially when it is on the head of an individual with characterlogical deficits. Ole Miss Alum, It is very interesting that the "OFF DUTY COP" driving 100 miles per hour and in the scheme of things, kills a man has your stamp of no big deal. As a metter of fact, you called this "an accident." I have witnessed so many court cases here in MS and it leads me to the simply fact that black people are so negatively evaluated - even the brightest and best. Delauder chose to rule in favor of "the better black" rather than on what the law mandated. Just a few months ago, the kid who killed the lawyer's son, while drag-racing, was sentenced to 15 years (to serve). We have not moved far from the concept of "white is right" and "black get back" (unless you are my black). This arm of protection does not extend if your charge is against a white person. What we are witnessing now, i.e., Seals case, is the exception - not a given. It has taken more than 40 years to even arrest this p erson. The same was true with so many blacks who were killed or harmed in this community. I'm still waiting for the Vicksburg Evening Post to acknowledge the bombing of my parent's business and for the police department to investigate and bring the person(s) to justice. A man died who was parked in front of the business. There are so many unhealed wounds for Blacks in this State and to read comments like those posted by Ole Miss Alum, triggers the bleeding all over again.

justjess

Apr 6 2007

I think the sentence for the kid who killed the lawyer in the drag race was more than justified. I would've just given this off duty cop a similar sentence.

Kingfish

Apr 6 2007

Kingfish, I agree.

justjess

Apr 6 2007

Sorry. Frank Bluntson's former daughter-in-law, Barbara Bluntson (she is the widow of Frank Bluntson's son Craig), is the City Prosecutor for Jackson Municipal Court.

thetruth

Apr 7 2007

I noticed that Peters & Delaughter are involved with this injustice. I wonder if this was a part of a deal for Delaughter to get the Federal Judgeship. I hope the Federal Investigation in the Scruggs case turn a rock over in this case. I'm sure they would find some injustices. Then I think Desmonde could really Rest in Peace!!!!

Roc

Jan 13 2008

Well, what Faye Peterson warned about in the story above (written by Adam and Brian in April 2007) has come to pass. Ledger reports today that Middleton's record has been wiped clean. There's justice for you. (Remember this is the JFP story that ended up in the Scruggs-related court documents a few months back.)

DonnaLadd

Jul 21 2008

You've got to love the small world that is the local judicial system. Middleton's attorney, Tommy Mayfield, was the prosecuting attorney back when Judge Robert Gibbs let Sharrod Moore out on bond when he was in jail awaiting trial in the double capital murder of the Morocco Club owners. And of course there's all the Delaughters, Peters connection stuff already on the table. I'm not saying there was anything untoward on the part of the former-former DA and his friends. It's just remarkable that people dumped so much at the feet of Faye Peterson when our local criminal-justice system has long been a revolving door. And it sure does seem like who your lawyer is determines everything. And it's damn tragic that The Clarion-Ledger couldn't figure out how to report more of these things on the front end. They are completely reactive -- if they even notice. Of late, Jimmie Gates is doing the best work over there. Admittedly, the bar is low, but at least he's paying attention to his beat. Hopefully, they won't now move him to the business beat or some such in all their re-shuffles.

DonnaLadd

Jul 21 2008