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What is this?
What could happen with appeal?
Brundidge’s Griffin plans to appeal
Published Saturday, November 14, 2009
FROM STAFF REPORTS
Brundidge City Councilman Arthur Lee Griffin was found guilty of assault third degree by a Coffee County District Court judge Thursday. But, Griffin’s attorney Joe Lampley made it clear they would appeal the verdict.
Griffin was charged after Ozark resident Alfred Schultz signed a warrant for his arrest, claiming the councilman followed him in his vehicle with a shotgun and assaulted him during a traffic stop.
Griffin was sentenced by Elba Judge Paul Sherling to a $1,000 fine and 180 days in jail, but the jail time was suspended pending he pay his fines.
An appeal, though it hasn’t been filed yet, would go to the Coffee County Circuit Court.
Coffee County Assistant District Attorney Griffin Shirley, who prosecuted Griffin’s case, said an appeal would mean the trial would be completely redone.
“At the circuit court, he could actually ask for a jury and have a jury trial,” Shirley said. “District court does not have a jury trial.”
All that would remain from the trial Thursday would be the testimonies filed under oath, so if a witness changed his or her story in a new trial, transcripts could be used to show discrepancies.
What could also change in an appeal is the sentencing.
Griffin was convicted of a Class A misdemeanor, the highest misdemeanor offense in the state. According to the Alabama Criminal Code of law, it is punishable for a maximum of a year in county jail and a $6,000 fine.
If found guilty again, a judge could impose a harsher sentence.
“That circuit judge has authority to punish up to one year in jail and a $6,000 fine if he wants,” Shirley said. “If he appeals, it’s a new trial.”
While, Griffin could face stronger punishment if convicted in circuit court, he doesn’t risk losing his seat as a Brundidge City Councilman.
According to Tracy Roberts, assistant general counsel for the Alabama League of Municipalities, assault third degree is not one of the reasons for removal.
“Conviction in district court is not terms for removal,” Roberts said. “Assault does not fall under the reasons. He would have to be impeached, and it would have to fall under one of the reasons and it doesn’t.”
Brundidge Mayor Jimmy Ramage was not available for comment on the situation.
The traffic stop in which the incident occurred took place outside of the Brundidge Police Department’s jurisdiction.
Brundidge Police Chief Moses Davenport said the department did not let the Coffee County Sheriff’s Department know they were crossing into their jurisdiction.
“Had it been a long, drawn out thing, we would have,” Davenport said. “Since it was a short-lived thing, we did not.”
The incident came after Griffin assisted Brundidge Police Officer Ronald Yohn at a traffic stop, but Davenport said the department didn’t ask for Griffin’s help.
“We didn’t invite that assistance,” Davenport said.
Davenport said help from citizens during a traffic stop is not something the department encourages.
Still, he said Yohn is not facing any kind of administrative action from the incident because “he did not ask for the assistance.”
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Comments
Posted by elvis2 (anonymous) on November 14, 2009 at 6:06 p.m. (Suggest removal)
This is comical . Griffin has to be out and out lying . Yohn also seems to be lying . Hopefully if he does appeal he'll be found guilty and finally punished . Chief Davenport is wrong if he doesn't reprimand Yohn who plainly stated he didn't know how to operate his camera . How long has he been on the force?? Too many questions with no answers but it is a shameful act for the City of Brundidge .
Posted by AlabamaDreamin (anonymous) on November 15, 2009 at 8:04 a.m. (Suggest removal)
Of course Yohn didn't ask for the assistance. Griffin is the one who drew Yohn into the situation. Griffin's son was fighting with his girlfriend, when Schultz unwittingly gave her a ride. Buford T. Justice of Portague County, I mean Arthur Griffin of Pike County chased down the Bandit, I mean Shultz, and held a shotgun to his head, while his deputy, I mean Yohn backed him up. That's the Reader's Digest version. For the full plot, watch Smokey and the Bandit.
Posted by elvis2 (anonymous) on November 15, 2009 at 9:50 a.m. (Suggest removal)
AlabamaDreamin I like your summary of the situation . A little humor is needed when reading this comedy .
Posted by Peeps (anonymous) on November 15, 2009 at 4:14 p.m. (Suggest removal)
elvis2 Officer Yohn testified to being a cop for 4 1/2 yrs all with BPD and still can't work the dashcam....
Posted by AlabamaDreamin (anonymous) on November 15, 2009 at 8:53 p.m. (Suggest removal)
Officer Yohn knows how to operate his dashcam well enough to record all but about four hours of his shift. It's just an unfortunate coincidence that the missing four hours was during the time of Councilman Griffin's heroic assistance in the arrest of a dangerous criminal. /s
My husband and I are selling our house in about a month, and moving to a quiet little town for our retirement. We had decided to move to Brundidge. I don't know where we're going to move now, but it won't be anywhere near Brundidge. We're both disabled, and might not survive the welcome wagon. This is a major disruption to our plans, but we just can't risk moving to a town where the politicians can brutalize innocent civilians and get off with a slap on the wrist at best.
Posted by walterdt (anonymous) on November 16, 2009 at 1:25 a.m. (Suggest removal)
i need to say one thing the mayer,the city counsil,police chief,district atternies office, coffee county,theres alot of not knowing, and not telling the truth here for there his corruption, and lying here,from all involed .
Posted by MessengerReader23 (anonymous) on November 16, 2009 at 10:53 a.m. (Suggest removal)
This is a fascinating story and I appreciate the continued attention from the Messenger. I'd hope that Mayor Rammage will eventually comment and hope that the city will find someone to run against Griffin if, in fact, he cannot be removed from office for this absurd behavior.
Posted by Peeps (anonymous) on November 16, 2009 at 3:57 p.m. (Suggest removal)
Taxpayers are the ones who will pay for Mr. Griffins actions now and later. It's a terrible thought to think that he is also voting on their affairs at the council meetings. He can't manage his own affairs and do the right thing so what about the good citizens of Brundidge?
Posted by bootboot36035 (anonymous) on November 17, 2009 at 1:50 a.m. (Suggest removal)
any one want to bet no one gets jail time or a fine ? plus the brudidge police officerwill get off with know problem the old saying is alabama good old boys...
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