Prentiss County Voice

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Copied from ELMERVOTES.COM

Dear Elmer:

After much thought and prayer, we have decided to share an experience with other people with the hope that it might possibly save another person from the same or similar treatment. Because of it’s length, we failed in our attempt to get our letter published in Booneville’s local newspapers. We thank you in advance for printing it on your website.

We are citizens of Prentiss County. Although we do not live within Booneville city limits, we feel that we and our families are a part of Booneville. We, our parents, and grandparents have always done most of our business and shopping in Booneville. We feel that our forefathers helped to make Booneville a thriving city and that our family is still contributing to it’s growth. We believe that every law-abiding citizen has the right to travel on the streets of Booneville without the fear of being harassed by law enforcement. We believe that regardless of a person’s social status, social circle, income, career choices, race, ethnic origin, religious preference, physical appearance, or appearance of one’s home/vehicle/clothing.. ..no person deserves better or worse treatment than others from anyone, including officers of the law. As a former elementary education teacher, I (Linda) always taught my students that a policeman is someone you can trust and that they are someone who will “serve and protect” you. We also taught our own two children that same concept as they grew up and they always believed it to be true. One year ago that belief was shattered. In the future, I will find it difficult to teach another child that all policemen are good servants of the community, because it just is not true.

On March 3, 2007, our son “COMMITTED A CRIME”…. He dared to ask a police officer why he was being stopped. According to what we observed on police videos and what was told to us by our son, the following events occurred. When the officer was asked why he had stopped our son, he became so angry and upset that he threatened to take our son to jail. Our son stated that he would like to be taken to the police station to talk to someone in authority because he felt that he was being falsely accused. He was asked to get out of his vehicle, which he did. The officer tried to provoke him by saying, “Bow up on me!”, which he did not do. Within seconds, a second officer appeared on the scene. Thinking that this officer would not act as the other one did, our son put his hands behind his back and said, “Cuff me.” Instead of cuffing him, he began to shake up his can of mace. The first officer shoved him toward the police car and then both officers began to restrain him while slamming him on the hood of the car. While my son’s hands were still behind his back, the first officer began to beat his arms with his fists, forearm, and elbows. This is the point where our son removed his arms from behind his back to prevent the breaking of his arms. While this was happening, the second officer sprayed mace directly into his eyes and put the nozzle of the mace container INTO his nostrils and sprayed. Because he was having trouble breathing, he asked him not to spray but the spraying continued. A third officer then appeared on the scene. At this point the first officer pulled the hood of his coat completely over his head and he received a knee blow to the upper abdomen and lower chest. Two officers used police batons on him at separate times while another officer held him from behind in a choke hold, causing him further breathing problems. The other officer screamed at him to get down and put his hands behind his back. This would have been almost impossible, since there was a man weighing about 250 pounds on his back, choking him while he was already on his knees. While his head was being held back, he received another burst of mace directly into his eyes, nose, mouth, and face at point blank range. After that, he received multiple blows from a baton to his back and to the back of his legs from the first officer. He also received a blow to the right side of his face while being held by the second officer. At all times there were three officers participating in all or parts of the mistreatment by: choking, hitting, spraying mace, and screaming. At no time did our son fight back. He only tried to shield his body from pepper spray/mace. His vehicle was searched and his belongings were scattered on the hood of the police car. A drug dog was brought on the scene…no drugs were found.. .our son does not take drugs nor does he have anything to do with drugs. We actually believe that they were disappointed that no drugs were found.

He was charged with “resisting arrest”, yet he was NEVER told that he was being arrested until after the beating. Then he was told, “You are being arrested for resisting arrest.” The statement makes no sense . He was also charged for no proof of insurance. He had his proof of insurance in his hand. We found it the next day, where one of the officers had thrown it into the back of his truck. ( We observed this action on the police video.) When this action was pointed out to the chief, he said, “Oh, well, that ticket will be dropped, then.” It didn’t seem to matter that an officer had lied about the proof of insurance. He was given a ticket for reckless driving, because the officer who stopped him claimed he went over the center line. Our son says he was innocent of that charge. He was also charged with failure to comply because he didn’t produce his license until the officer told him why he had been stopped.

We took our son to the hospital to seek treatment for injuries sustained from the police brutality. He had requested medical treatment from a doctor while he was at the police station, but that request was denied. I, his mother, also asked that he be taken to the hospital but was told that I was at a police station and had no right to demand anything. He had bruises on his back, legs, arms, head, thighs, feet, and chest. He could not see for three days because he had been sprayed directly into his eyes with the mace and he suffered terrible sinus problems for a long time afterward because the mace was sprayed directly into his nostrils. He had to continue seeing a medical doctor for several weeks to treat an injury to his foot.

We were not allowed to view the video until two days after the incident. Mr. Fortenberry told us that he had not looked at the videos and that this would be his first time to see them. One of the officers told someone we know that Mr. Fortenberry and each of the three officers had watched their video previous to our seeing them. While we viewed the videos, the chief seemed oblivious to videos showing three officers beating and pepper spraying an innocent person, because he only glanced at it a couple of times and told us he had some paperwork to do. Immediately after the first video started, we noticed that the audio wasn’t working, and this is when Mr. Fortenberry told us that the officer’s audio on his camera wasn’t working properly that night. Very important audio evidence was missing! The officer whose audio on his video wasn’t working knows what was said on the missing part. When we asked the chief to rewind one of the videos so that we could see a small portion again, he became VERY ANGRY and told us that we had seen enough and that we could see the rest of the videos in court. After being so rudely dismissed, we left without having seen the remainder of the police videos.

Our son filed a complaint at the police station several days later about what had happened the night he had been stopped, beaten, and taken to jail.

Thankfully, three of the aldermen who viewed the videos and read the complaint, believed him. Thank you, Mrs. Livingston, Mr. Barrett, and Mr. Goddard for caring about an innocent person and for being understanding and treating our family with respect.

One of the other two aldermen said that the officers thought their lives were in danger. We don’t understand why they would be afraid of A PELLET GUN hanging on a gun rack inside the vehicle with the door CLOSED and the person they were hitting, spraying with mace, and kicking was OUTSIDE of his vehicle several feet away. There was NEVER a reason to feel that their lives were in danger.

Our son obtained a lawyer to prove his innocence and spent a large amount of money in doing so. In addition, he spent a large sum of money on hospital and doctor bills. Judge George Via ruled in favor of the police officers and our son had to pay all the fines except for the no proof of insurance. He may have lost his case in court…. but the real losers are the officers and the police chief because they and an all-knowing God know exactly what happened that night.

To the people who defend Mr. Fortenberry and say that people are telling lies about things he is allowing some of his officers to do, we say. ” We know the facts about this incident and this is not “unfounded misinformation nor bitter innuendos”. We have police video to prove what we’re saying is true.

Mr. Fortenberry stated that he believes it was God’s will for him to become Booneville’s police chief. Well, we are also Christians and we DO NOT believe that it is God’s will for a police chief to allow his officers to falsely accuse an innocent person, to allow officers to ticket unjustly, to allow officers to provoke someone, to allow officers to lie to cover themselves, to teach officers that police brutality is acceptable, and to teach officers that video tampering is acceptable. We also do not believe that it is God’s will for a police chief to use profanity when a concerned mother requests medical treatment for her family member.

To any law enforcement officer who is not guilty of any of the above, you have our highest respect because you are honoring your profession as you loyally “Serve and Protect”. We are proud of you because you are doing what you are sworn to do to make us feel safe.

There have been several writers to a local newspaper recently who have defended the chief of police. We have some questions for you. 1. Were you there? 2. Did it happen to you or your family? 3. Have you seen the police video? 4. Have you talked to the person it happened to or to any of the witnesses of an incident? If you cannot answer yes, then the only way to form a realistic, truthful opinion about him is to have participated in the actions listed, not by taking a person’s word just because he is in a respected position.

What if your son, daughter, grandchild, or other family member is treated the way our son was treated? Will you be so quick to defend then? Would you suddenly become an “overly protective parent“ as one writer called us? We are probably not the only citizens that have had innocent family members mistreated and falsely accused by law enforcement officers. More than likely, you will not read about it in the newspaper, but it happens. The saddest part about it is.. .most of the time it cannot be proven .. .because as everyone knows… police officers and police chiefs don’t lie.

There were witnesses at the Chevron station in Booneville where this happened. We also have in our possession police videos that shows exactly what happened. The only part missing is part of the audio on the first officer’s video, including the part where our son requested to be taken to the police station to talk to someone in authority. The videos can be seen if it ever becomes necessary.

We hope no person ever has to endure what our son did that night. Our son is NOT a criminal. He DID NOT COMMIT A CRIME.

Respectfully,

Jerry and Linda (Padgett) Harris