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Arthur Griffin guilty of assault
Brundidge Councilman found guilty in Elba
Published Friday, November 13, 2009
Brundidge Councilman Arthur Lee Griffin was found guilty of third degree assault Thursday in Coffee County District Court, but he will not be serving any jail time.
The charges stem from an April 2 incident in which Ozark’s Alfred Schultz alleged Griffin assaulted him by striking him with a shotgun.
According to testimony by Schultz, he left Wal-Mart Distribution Center, where he is employed, at 2:47 p.m. that day and picked up Jonie Terry, who was walking down U.S. Highway 231.
Schultz testified he didn’t know Terry, but he picked her up since the weather was rainy.
“I asked her if she needed help, and she said she needed to get to Ariton,” Schultz said. “I live in Ozark. It was on the way.”
Schultz then testified that Griffin, whom he didn’t know at the time, pulled up behind him with a shotgun in his blue Dodge truck.
According to Schultz, he headed south on Highway 231.
“I noticed in my rearview mirror that the Dodge pickup was steadily behind me,” Schultz said.
Schultz then testified that he saw blue lights, but couldn’t tell what it was at the time.
“I tried to get over, but the blue Dodge wouldn’t let me,” Schultz said. “I got over in the median.”
Coffee County Assistant District Attorney Griffin Shirley asked Schultz what happened once he was pulled over.
“I tried to tell the police that Griffin had a gun,” Schultz said.
Schultz testified that Brundidge Police Officer Ronald Yohn then pulled out his gun, handcuffed him and made him get on the ground.
According to Schultz’s testimony, Griffin told Yohn he had Schultz and told him to get Terry.
Schultz testified that while Yohn went around the vehicle to get Terry, Griffin struck him.
“That’s when I was struck,” Schultz said.
Shirley asked Schultz if he saw Griffin with a shotgun, and he told the court that he had.
“He pulled it out on me. He had it out on me the whole time,” Schultz said. “He was standing right over me.”
While Schultz said he wasn’t positive what he was hit with, he knew he was hit with “a blunt object that felt like steel.”
Schultz testified that Griffin was angry and screamed that he would have his job and have him arrested.
Schultz said Yohn let him go after he questioned him as to whether or not he knew Terry.
Griffin’s attorney Joe Lampley tried to discredit Schultz’s testimony by bringing into evidence his statement taken by Coffee County Investigator Johnny Knowles.
Lampley asked Schultz if he thought his memory would be more fresh right after the incident than in court months later, and he replied “yes.”
Lampley said that no where in the signed statement did he tell Knowles that Griffin told him to “get the hell out of there.”
“Johnny Knowles’ second hand writing is hearsay,” Shirley said. “To your recollection a lot of things were left out. Did you sign this saying it was accurate or that it was close?”
“Close,” Schultz said. “Terry saw what happened.”
The prosecution called Terry to the stand next.
Terry testified that she was riding as a passenger in Schultz’s vehicle and identified Griffin as the man who pulled out a shotgun.
“I entered the vehicle before the gun was pulled,” Terry said.
Terry then testified that Griffin pulled Schultz out of he vehicle, but officer Yohn was present.
According to Terry’s testimony, she was going to Ozark.
“You intended for Schultz to take you to Ozark,” Lampley said.
“Yes,” Terry said.
Terry testified that she saw Griffin’s Dodge Ram behind him following pretty close, and that Griffin’s son was with him, and she and the son had been fighting.
According to Terry’s testimony, Schultz stopped in the middle of the median, and Griffin was on the right side of Schultz’s vehicle. She said that Griffin got out of his vehicle and pulled Schultz out of his vehicle.
“(Griffin) told (Yohn) to get me out and shackle me down because I would run,” Terry said. “Griffin threw Schultz on the pavement.”
Terry testified that Griffin kicked Schultz in the right side and hit him in the head.
Lampley urged District Judge Paul Sherling to grant a not guilty verdict based on the differences in the testimonies of Schultz and Terry.
“Mr. Schultz said what happened could be verified by Jonie. Testimonies are in contradiction. Neither can be trusted,” Lampley said.
Lampley said there were three main inconsistencies.
First, Schultz said that he was taking Terry to Ariton, while she said she was going to Ozark.
Second, Schultz said Yohn got him out of the car, while Terry said Griffin pulled Schultz out of the car.
Finally, Schultz was not sure if Griffin kicked him, while Terry said he did.
But, Shirley maintained they were consistent.
Sherling did not grant the not guilty verdict and the defense began calling its witnesses.
Yohn was called to the stand.
“Did you know Jonie Terry?” Lampley asked.
“Our chief spoke to her the day before,” Yohn answered.
Yohn testified the Brundidge Police Department had been searching for Terry, and he had been looking for her near Pike County High School.
“I was dispatched to the location by my dispatcher,” Yohn said.
According to Yohn’s testimony, he got behind Schultz’s vehicle and verified the tag.
Yohn testified that he knew Griffin and had spoken to him on occasion, and he was familiar with Griffin’s vehicle.
According to Yohn, he did not pass Griffin’s truck on Highway 231.
“I don’t recall seeing Griffin’s vehicle,” Yohn said.
Yohn said when he identified Schultz’s car he put his lights on, and Schultz stopped in the median and pulled up behind him.
Yohn testified that Schultz got out of his vehicle in “an aggressive manner,” while he was still in his patrol car.
“We are trained that if the subject exits the vehicle, they are not to get back in the vehicle,” Yohn said.
He testified that he was concerned that Terry might have a weapon.
“I unholstered my weapon and ordered (Schultz) to the ground for safety,” Yohn said.
After that is when Yohn testified that Griffin’s blue Dodge pulled up.
“Griffin assisted me,” Yohn said.
Yohn testified that Griffin told him “I got him,” and he proceeded to get Terry out of the car.
Yohn said on the stand that he could observe both Terry and Schultz.
“I tried to keep an eye on all,” Yohn said.
Yohn testified that he did not put handcuffs on Schultz when he was initially on the ground but only after he apprehended Terry.
Yohn testified that his car had a camera aboard, but that he had no training in operating it, and it did not tape.
“The chief and the FBI checked out the tape,” Yohn said.
Yohn testified that Griffin was armed with some type of large gun, and he also said it was out of the ordinary for him to allow someone to help.
“I was glad to see (Griffin,) Yohn said.
“Was it your decision to allow Griffin to assist you?” Shirley said.
Yohn testified that it was his decision.
According to Yohn’s testimony, it was his duty to apprehend Terry for outstanding warrants, but he said it was not a felony warrant.
The defense’s last witness was Knowles.
Lampley asked Knowles about the process of which he receives statements from people.
Knowles testified that he listens and writes a narrative as close to possible of what the person said, and that he lets the person read and sign it, which validates it.
According to Knowles testimony, he saw Schultz’s wounds.
“It looked like the circumference of a 12-gauge shotgun,” Knowles said. “It was similar in nature.”
Knowles testified that he interviewed Yohn and didn’t see any inconsistencies in the stories, but that there was about four hours of missing footage from the tape from Yohn’s camera. Sherling suspended the six month sentence in the Coffee County Jail, but Griffin is responsible for paying $1,000 in fines plus the cost of court. Lampley said they would be filing an appeal in circuit court, which he has 14 days to do. Shirley did not wish to comment on the case.
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Comments
Posted by Bamabunny (anonymous) on November 13, 2009 at 9:08 a.m. (Suggest removal)
Seems to me that Mr. Griffin (according to the story) had "blue lights" on and made Mr. Schultz pull over. And it appears that all this was because of a fight Mr. Griffin's son had with a passenger in Mr. Schultz's truck.
Was Mr. Griffin trying to play "Cop"?
How absolutely juvenile Mr. Griffin was....and I think he got off too easily. He had absolutely NO right at all doing what he did to Mr. Schultz.....but at the least Mr. Schultz was vindicated...and sent a message saying....
.........."even though someone is a politician...that gives them NO right and NO legal power to break the law!"
Congrats to Mr. Schultz.
Posted by elvis2 (anonymous) on November 13, 2009 at 9:10 a.m. (Suggest removal)
I'm still as confused after reading this as I was when it was first reported . This is so disorganized it makes no sense . Hopefully the Dothan paper will clear things up .
Posted by sloppyboy (anonymous) on November 13, 2009 at 9:35 a.m. (Suggest removal)
Iam I shamed that politician can act in this manner. What does that tell you about him. Think about this, peolpe if his son was in fight with someone in the other car that proves his point!! I mean than wants to appeal.We have officer on patrol that can not work a dashcam, but trained to make an arrest!! Give me a break, Mr.Griffin, should feel a since of remorse for his actions , as a elected official.
Posted by MessengerReader23 (anonymous) on November 13, 2009 at 10:59 a.m. (Suggest removal)
This is less of a news story and more of a trial transcript. I sure would like to read a story that synthesizes the facts into a coherent narrative and includes some sort of upshot about what is going to happen to Griffin now that he has been convicted on the heels of this horrific series of events.
Posted by stumpjumper (anonymous) on November 13, 2009 at 12:38 p.m. (Suggest removal)
Nothing is going to happen, except what he (Griffin) does next time!!!. . Griffin has been getting away with stuff in Brundidge for years (he chased a femalr realtor with Taylor Realty, away from a location with a ballbat to the Brundidge P.D. and they (the cops) did nothing.
Posted by maestro61 (anonymous) on November 13, 2009 at 12:39 p.m. (Suggest removal)
I really don't know how someone with a criminal record, can be on the city council,the city needs to do more background check on peoples running for city council.
Posted by oldhog (anonymous) on November 13, 2009 at 12:58 p.m. (Suggest removal)
Sounds like the people that voted for this guy are the same people that won't to fire the coach for losing one game. YOU CAN'T FIX DUMB
Posted by turtle (anonymous) on November 13, 2009 at 1:05 p.m. (Suggest removal)
I don't know any of these people except Officer Yohn. I hate that he unfortunately got caught up in this mess, he has been a good person, to me anyway, in all the years I've known him. Sounds like a domestic dispute between Ms. Terry and Mr. Griffin's son gone wrong.
Posted by Peeps (anonymous) on November 13, 2009 at 1:19 p.m. (Suggest removal)
Why are we paying tax dollars for dashcams if our Officers don't know how to use them? That's like saying they can't operate their weapon either. Get real they are checked off on their training last I heard. Perjury is a crime too I think. Perhaps Officer Yohn should rethink his statements before the next court date.
Posted by elvis2 (anonymous) on November 13, 2009 at 5:43 p.m. (Suggest removal)
Peeps I agree . With four hours missing from the tape it does bring up the question as to whether it was filmed then deleted . I'm afraid that Officer Yohn may be perjurying himself for fear of losing his job if he goes against Griffin . Griffin deserves way more than just a fine . He comes accross as thinking he can do as he pleases .
Posted by Peeps (anonymous) on November 13, 2009 at 7:07 p.m. (Suggest removal)
Elvis2 thanks but I have a couple of other questions... When found guilty of assault with a deadly weapon wouldn't that be a felony? Shouldn't cases like this be held in court with a jury? Where would we be if we had done this?
Posted by Bamabunny (anonymous) on November 13, 2009 at 10:48 p.m. (Suggest removal)
Good question Peeps. Where would we be if it were us?
Starting to sound like "Griffin Gate".
Posted by elvis2 (anonymous) on November 14, 2009 at 9:06 a.m. (Suggest removal)
This incident had a smell to it from the start and the stink just got worse . Does Griffin carry that much authority that he just walks away after illegally assaulting an innocent person . Peeps your correct in saying or suggesting that it was a felony . If possible , if I were Schultz I'm afraid I'd be suing Griffin for everything he owned.
Posted by oldhog (anonymous) on November 14, 2009 at 10:25 a.m. (Suggest removal)
I was glad to see (Griffen), Yohn said..... Can anyone say, CHIEF YOHN...Maybe Mr. Griffen will be given the Brundidge Citizen Of The Year Award for protecting one of its officer's in such a dangerous, life or death situation... Thank You Mr. Griffen for your bravery...
Posted by Peeps (anonymous) on November 14, 2009 at 11:10 a.m. (Suggest removal)
oldhog what a line...are we going to award Officers and Councilmen for assaulting good citizens while trying to help someone? I think NOT!
Posted by Peeps (anonymous) on November 14, 2009 at 11:13 a.m. (Suggest removal)
oldhog don't you get it Mr. Griffin was the no no guy here.
Posted by Peeps (anonymous) on November 14, 2009 at 11:21 a.m. (Suggest removal)
oldhog maybe Officer Yohn wasn't trained to use his radio to call for backup....
Posted by Peeps (anonymous) on November 14, 2009 at 11:29 a.m. (Suggest removal)
Hey, can't all the cases that Officer Yohn has been involved in be reopened due to improper training? I smell an audit due to lack of improper training...who was responsible for his training?
Posted by oldhog (anonymous) on November 14, 2009 at 1:56 p.m. (Suggest removal)
It was a joke. I was making fun of the Officers statement. If Mr Shultz decides to sue the City of Brundidge, statements like this would only bolster his case. I thought...(Never Mind)....Sorry to offend u Peeps...Go Bulldogs.
Posted by WDM (anonymous) on November 14, 2009 at 2:14 p.m. (Suggest removal)
oldhog all that went right over Peeps head.
Posted by oldhog (anonymous) on November 14, 2009 at 5:18 p.m. (Suggest removal)
Yea WDM, worried no one would figure that out. Think I'll contact the Comedy Channel and let them know where there is real potential for a hit reality series. Maybe I could get some referral rights. I can see it now, Hollywood, has come to Brundidge....Mr. Griffen, forget the appeal, pay the fine. Your going to be a Rich Hollywood Star. Look out Riley, here comes Governor Griffen.
Posted by elvis2 (anonymous) on November 14, 2009 at 5:54 p.m. (Suggest removal)
What I'd really like to know and seeningly no one else knows is WHY was the stop made in the first place ? Was Terry arrested and charged and for what crime ? I could go on and on but no one is giving answers so why bother.
Posted by oldhog (anonymous) on November 14, 2009 at 6:41 p.m. (Suggest removal)
Guessing it was an ongoing domestic dispute. Guessing it involved Mr Griffen son and Terry. Guessing Mr Griffen made the call. Guessing BPD took side of local Politician, Mr Griffen. Guessing STANDARD OPERATING PROCEDURE WAS NOT FOLLOWED by BPD. Guessing the rest of us best not piss off Mr Griffen in Brundidge Al as he is above the law there. Of Course This Is Just A Guess?
Posted by OldSchoolPike3Worker (anonymous) on November 14, 2009 at 10:05 p.m. (Suggest removal)
Sounds like Griffin has a great future ahead of him in national politics.
Posted by Peeps (anonymous) on November 14, 2009 at 10:42 p.m. (Suggest removal)
So SORRY oldhog I read the line wrong and it got my dandruff up. I do love your one line on not fixing dumb...please except my apology.
Posted by bootboot36035 (anonymous) on November 15, 2009 at 1:29 a.m. (Suggest removal)
why does the pike co sheriff dept and brundidge police dept. get away with breaking the law and normal people do it we go to jail???
Posted by oldhog (anonymous) on November 15, 2009 at 7:54 a.m. (Suggest removal)
Easy mistake Peeps. It was ballgame day and I thought everything was funny anyway. Sometimes I have to entertain myself. No apology necessary.
Posted by AlabamaDreamin (anonymous) on November 15, 2009 at 8:10 a.m. (Suggest removal)
Isn't this the plot to Smokey and the Bandit?
Posted by deerhunter05 (anonymous) on November 15, 2009 at 9:19 a.m. (Suggest removal)
I have read all of this mess on here an got a few answers on here for some if you want to comment, Officer Yohn got his training from the same place that all officers in the county,Yes Brundidge is a small town an some times has only one officer on duty who was he going to call after he made the stop? In Brundidge they don't have all of that good stuff the other depts. have unless yall are going to take up money an give it to BPD to buy the good the good stuff.BPD is not like TPD that can put 10 or more police on duty. If Mr Shultz saw the blue lights behind him then why did he go in to Coffee County to stop.My self I would have tazehim for getting out of his car, point blank, we all know that a person don't get out of the car let the officer come to you.
Posted by elvis2 (anonymous) on November 15, 2009 at 10:08 a.m. (Suggest removal)
deerhunter05 your the exact type person that does not need to ever be in law enforcement . Your statement that you'd have tazed him first thing when he exited the car shows you act without engaging your brain . Chief Davenport was aware of the situation and chose not to contact the Coffee Co. sheriffs dept. This also happened in the afternoon when there would have been other officers available to assist. Why was he making the stop in the first place ?? Griffin must have ordered Yohn to do so which just adds to the errors made in this incident.
Posted by oldhog (anonymous) on November 15, 2009 at 10:23 a.m. (Suggest removal)
deerhunter05 if I'm driving through Brundidge and the BPD puts blue lights on me, I may pull over? If Mr Griffen is with them your going to have to catch me...excuse me..Governor Griffen.
Posted by Peeps (anonymous) on November 15, 2009 at 10:29 a.m. (Suggest removal)
Are you Officer deerhunter saying that you have the same training has Officer Yohn? Boy we are in trouble now. Don't you know how to work your dashcam or radio? Since he was in Coffee County couldn't the dispatcher get help from Coffee County? I heard that they(BPD) were ordered from a Federal Investigation to hire 7 certified Officers to meet regulations. Your saying that you would have assisted Mr. Griffin by tazing Mr. Schultz once he was cuffed and on the ground for even more burtial assault?
Posted by Peeps (anonymous) on November 15, 2009 at 10:45 a.m. (Suggest removal)
Chief Davenport got his training there too? He doesn't have the option to choose not to contact another law enforcement agency when his people are operating in their jurisdiction the law says he has to contact them. So he broke the law too. How could they arrest Ms. Terry without extradition papers or a waiver of extradition? (And transported her over county lines.)
Posted by deerhunter05 (anonymous) on November 15, 2009 at 11:45 a.m. (Suggest removal)
you know it is funny that alot of troy officers came from BPD an some of the County, they all get the same training from the same place, may be you need to step up PEEPs and become a police officer if you got what it takes an no I am not a police officer but I am from Brundidge no I would not assist Mr Griffin for what he done he needs what he deserve, I might would have pulled a triger on him in stead of a taze him. I would have put MR Schults down when he step out of his car an let 6 people carry him . You never know what is in the mind of people these days.
Posted by oldhog (anonymous) on November 15, 2009 at 12:57 p.m. (Suggest removal)
(New Welcome Sign when entering Brundidge). Welcome To Brundidge Please be advised to remain in your vehicle if pulled over by police. OUR CITY COUNCILMAN TO BE CONSIDERED ARMED AND DANGEROUS. If you exit your vehcile you will at least be tazed if not shot. No video please. Yall come back now.
Posted by Peeps (anonymous) on November 15, 2009 at 3:14 p.m. (Suggest removal)
Well, well Officer deerhunter, I don't have to step up you see kid...I have serveral Officers and a couple of Detectives in my family right now and a couple of Dispatcher from big and I do mean big cities right now. They are having a field day with your commits. When you open your mouth your dumb starts to show. Yes, Officers face danger every day and yes they must use good sense when dealing with the public. That means getting all the facts which you don't know what happened out there but I do.
Posted by Peeps (anonymous) on November 15, 2009 at 3:20 p.m. (Suggest removal)
How many people witnessed it... oh maybe 4,5,6, or 7. They didn't even have to take the stand. The verdict was in when the woman back Mr. Schultz's story. When Ms. Terry said that Mr. Griffin struck Mr. Schultz in the head with his gun that did it. The others didn't have to tell the rest of the story. How could Ms Terry see it happe n and the Officer didn't?
Posted by shiftingshadows (anonymous) on November 16, 2009 at 4:30 a.m. (Suggest removal)
Mr. Schultz story doesnt match his own witnesses story... i only trust the police testimony in this situation... Mr. Schultz sounds like a trouble maker
Posted by granny804 (anonymous) on November 16, 2009 at 7:20 a.m. (Suggest removal)
I really believe that everyone on here needs to get a life and stop trying to rule and ruin everyone elses. You all put down the police department but when someone says boo you all call them. No one is above the law including Griffin and what punishment he got he deserves. He is no special than no one else. Let this mess go and move on with your life. Grow up and let the law do things the way they should because you cannot change what they do. GET OVER IT!
Posted by oldhog (anonymous) on November 16, 2009 at 9:11 a.m. (Suggest removal)
Negative granny, you can change it and you should. It strongly appears the Civil Rights of Mr Shultz were violated by one of your elected officials. The taxpayers of Brundidge will be held accountable for your Public Officials actions. PAY FOR IT !As for officer Yohn, He may be a fine person and a good officer, but I don't think he felt he had much of a choice in this matter. Sure he's wishing he had taken the day off. I'm former law enforcement myself and have seen some of my friends put in the same sitiuation as Officer Yohn. Most cops hate politics, its the worst part of the job, but sometimes you have to play the game. (what video)
Posted by Peeps (anonymous) on November 16, 2009 at 10:07 p.m. (Suggest removal)
Mr Schultz is not a trouble maker....he is a brave man who used the only recourse and legal way of handling this mess. Mr. Griffin is a rogue and has no respect for others.Mr. Schultz is not the only person he has hurt.
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