Ellington

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.

Previous Comments

ID

123063

Comment

It sure would be more helpful if some of the witnesses and Mr. Moore would answer questions from the press. Release the video to a news station, post it on the web - if you have it? Until they do, the Mayor will always have the benefit of the doubt in the public eye. 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. Please, Mr. Mayor go do this at Hal and Mal's or Martin's. Please, please, please! How would you like that Hood, Lampton, and Allen? Can you say double standard! Not like white kids, who go out and party, don't have access to drugs and weapons. Better ones at that! What a croc! I thought this Mayor was about the youths? Let's face it, somebody higher up than Melton is pulling strings that keeps him out of trouble. I hope they are proud!

Author

pikersam

Date

2006-08-30T10:49:08-06:00

ID

123064

Comment

I think the most important thing in this story may be the fact that the Upper Level had petitioned for a restraining order even before Saturday's incident, something all the other media have missed. Sandra Johnson is the plaintiff, and on Saturday night, Melton--er, the police--arrested her under dubious circumstances. Then Melton's "crew" (allegedly) beat her son in full view of Melton and the police. This may help her case, eh?

Author

Brian C Johnson

Date

2006-08-30T10:59:11-06:00

ID

123065

Comment

Wasn't part of the agreement between the Upper Level and the City last year that the club would use of-duty JPD officers for security?

Author

JLYerg

Date

2006-08-30T11:00:42-06:00

ID

123066

Comment

Wasn't part of the agreement between the Upper Level and the City last year that the club would use of-duty JPD officers for security? As long as they never photographed the officers? Or swore in front of them?

Author

Brian C Johnson

Date

2006-08-30T11:09:47-06:00

ID

123067

Comment

I sincerely hope that this is a wake-up-call for the citizens of Jackson. This man (FM) has gone too far, too fast with too little. He has made a mockery of the Office of Mayor, JFD and the JPD. I really don't think that he knows the full impact of this kind of "loose cannon" behavior. It's as if Jackson has become the old "WIld Wild West." Why is the Command Unit parked in FM's yard? I read an earlier report that said that two officers (body guards) live on that unit. Does anyone know how much the City is paying for this particular operation? Where is Sherline Anderson, Police Chief in all of this madness? Has Black taken over her position? Who would be willing to vote for a tax increase for this City's firefighters and police department with so much money being spent so foolishly? Add the Moore situation with the MBN story and the liability stacks up pretty far. We do not deserve this. I commend Crisler for his acknowledgement of the Upper Level event this past weekend but this situation started a very long time ago and northing has been done by the Council. Where is Ben Allen and the EMERGENCY COUNCIL MEETING? Each councilperson should be advised by their private attorney (Sarah O'Riley seems as off based as frank) to find out about personal liability. It would be a sad state of affairs to get caucht up in this situation. The "BOTTOM LINE" is the Council is aware of these law-breaking behaviors and lies told by frank. Can anyone see where this is all headed?

Author

justjess

Date

2006-08-30T11:10:34-06:00

ID

123068

Comment

No doubt Brian! It is pretty obvious that "other" gov't officials are bending over backwards to help Melton break the law. Why we can't get an FBI investigator, the State Auditor, or US Atty to look into all this (i mean everything) is ridiculous!

Author

pikersam

Date

2006-08-30T11:14:45-06:00

ID

123069

Comment

i would like to know to which chancery jugde the petition for tro was assigned. the rules of civil procedure suggest that a tro petition be acted on IMMEDIATELY.

Author

chimneyville

Date

2006-08-30T11:15:01-06:00

ID

123070

Comment

Yeah justjess, you would think that since a couple of Coucilmembers want to run for Mayor they would step up and make sure they aren't buried in lawsuits come time to take over the mess Melton is creating. Having new economic development and growth in Jackson doesn't preclude the fact that we have a horrible Mayor who doesn't know how to govern.

Author

pikersam

Date

2006-08-30T11:19:42-06:00

ID

123071

Comment

Pickersam, you hit the nail on the head! Frank would not be caught dead or alive in Hal and Mals, Martins, McDonalds, Popeyes or anyplace that had White patrons. I can't figure out why it is taking so long for this community to recognize the pattern. I guess it is so hard for A-Americans to recognize one of their own or to think that an A-american would harm another A-American. The sad thing is Blacks are enduring the pains of beating, loss of jobs and many live with the fear of being harmed by frank and his "guest." Whites who continue to live here will bear the burden of higher taxes and a City that is without resources to pay it bills when these law suits hit the fan. We must all work together to save Jackson. The ACLU has already made its presence in the community. Danks won't be the only lawyer working "for and against the City." This is a no-brainer!

Author

justjess

Date

2006-08-30T11:31:58-06:00

ID

123072

Comment

I just added a link to the PDF for the petition. Check it out.

Author

Brian C Johnson

Date

2006-08-30T12:14:18-06:00

ID

123073

Comment

This is not how law enforcement is supposed to work. Taking officers around stiring up trouble is causing this crap to happen. Eventually, some night, somewhere, with the wrong person something BAD will go down. It's only a matter of time before his little entourage gets their hand called. tic-toc...tic-toc...

Author

Cliff Cargill

Date

2006-08-30T12:40:02-06:00

ID

123074

Comment

It seems as if Mrs. Moore has her bases covered. The request to have frank, his "GUEST". boduguards and policemen kept off/out of her property is priceless. How can any judge ignore this. The excuse about not wanting to lose an election and ignoring this elephant in the room is a sure "get out of office fast pass." I talk frequently with a lot of folks who voted for fm. The tide is shifting and they are now realizing that they have voted for the man behind the curtain - Better know as the Wizard of Ozzzzzz.

Author

justjess

Date

2006-08-30T12:44:48-06:00

ID

123075

Comment

How did our City Council members not know about this injuction? Especially the "president" of the council! It's over one month later and the public is just finding out that the Mayor has been wasting police resources and conducting illegal raids on a business he has a beef with. One month later and now we find out a business filed a restraining order against the Mayor. That is big news. Why all the CYA all the time? Pretty shoddy oversight on the Council's part. Are y'all looking out for the people or the Mayor? Considering some of the things they are letting go on, it appears that the Mayor is their prime constituant. Again, let's see the mayor go do this at Hal and Mal's. I want to see riot gear and SWAT teams on a Friday night at Martins! I want to see a mass of white kids illegally searched. Let's see if someone gets upset then? He already ran Kim Wade out of business doing the same thing while at the MBN. But, that was just some black man with a club on Northside so who cares! Any evidence of a crime he finds would not be admissible in court due to the fact he is conducting illegal searches. Does that not bother our Council? Our Legal Dept? Judges? Hello....!

Author

pikersam

Date

2006-08-30T12:58:10-06:00

ID

123076

Comment

Also, in the news reports, the club was in no violation of the law. No drugs, no weapons, no underage kids, no fire code violations... Nothing. So, where's the probable cause? There was no trouble at the club to begin with.

Author

Cliff Cargill

Date

2006-08-30T13:11:43-06:00

ID

123077

Comment

Brian!!! Calling Melton's entourage a "Circus"? That's a mighty big ad hominem. You really need to rethink this...I just don't think you're being very fair to the circus clowns.

Author

Cliff Cargill

Date

2006-08-30T13:30:02-06:00

ID

123078

Comment

Cliff, Note that we did put 'circus' in quotes, because that was the word Mr. McDuff used. I assume your protest is that we're giving circus clowns a bad name? When was the last time you saw a circus clown beat someone in handcuffs? That sort of thing?

Author

Brian C Johnson

Date

2006-08-30T14:08:23-06:00

ID

123079

Comment

R-E-C-A-L-L!

Author

kaust

Date

2006-08-30T14:23:14-06:00

ID

123080

Comment

May as well get used to this.... http://www.clarionledger.com/apps/pbcs.dll/article?AID=/20060830/NEWS/60830031

Author

Cliff Cargill

Date

2006-08-30T14:27:24-06:00

ID

123081

Comment

Great... Just what our city needed -- more debt. If Melton gave a !@#$ about this city, he'd certainly stop driving it straight into bankruptcy. Tack on these lawsuits and fines that are inevitable and our city has a gloomy financial future. Looks like more potholes, poor schools, pipe breaks and other public services may be in our not-so-distant future (or should I say present?). Again, I say: RECALL!

Author

kaust

Date

2006-08-30T14:33:16-06:00

ID

123082

Comment

Remember this movie anyone... "For one dollar I'll guess you weight, your height, or your sex. The most exciting thing on the midway. Imagine the thrill of getting your weight guessed by a professional. You can blow up your cheeks, you can stick out your chest, but you're not going to fool the guesser. How about you sir? Step right up...." I think we're living it.

Author

Cliff Cargill

Date

2006-08-30T14:34:10-06:00

ID

123083

Comment

This $12,000 payment should come straight from melton's payroll check. He of course was being advised by O'Riley and Danks. This man will not listen to simply reason. The council just approved a $2500/yr fee for Jackson's use of a police helicoptor. This will probably replace the Command Unit if it has enough room for his "Guest.". Just another toy for this basket-case to play in. When will this Council wake up and become responsible for the City's purse?

Author

justjess

Date

2006-08-30T15:01:55-06:00

ID

123084

Comment

R-E-C-A-L-L! I'd be on that train. Does anybody know how this actually works in Jackson?

Author

Tim Kynerd

Date

2006-08-30T15:02:35-06:00

ID

123085

Comment

As far as I know, the only recall option available for us is in 2009.

Author

Jeff Lucas

Date

2006-08-30T15:32:01-06:00

ID

123086

Comment

recall is only available for conty officials and does not apply to municipal officials

Author

chimneyville

Date

2006-08-30T15:44:29-06:00

ID

123087

Comment

Pike, you questioned how the city counsel did not know about the TRO, I just had a chance to look at the petition that was filed with the Chancery Clerk's office and the petition on seeks relief against "Frank Melton, in his Official Capacity as Mayor of the City of Jackson”. That means that the city never would have been served, and we all know that FM only tells people what he feels they need to know. Also the JPD would not have to have been informed either. All the blame for this begins and stops with Frank Melton and/or the mayor's office. Would love to see the return of the summons, to see who accepted service of the petition (either Frank himself or someone on his behalf).

Author

malt

Date

2006-08-30T18:33:03-06:00

ID

123088

Comment

Malt, that may be the case; but, have you heard a peep out of the Council besides Crisler saying we need to review police/mayoral policy since this happened. I mean come on, the mayor's guests on the MCC are accused of beating the son of the owner of a business and all we get is a brief statement about police policy! Regardless if this is partially true or an exact account, the silence of our council when things like this (and the burning of the abandoned homes) only emboldens Melton to continue to disobey the law! Now we know he shouldn't of been there; and they had been conducting highly illegal raids on the business and all we get is a yawn from the "powers that be." What they do behind the scenes with Melton, that we don't know about, don't do a bit of good if it doesn't stop Melton from continuing to thumb his nose at the law. The council didn't tear up the FOI request from the C-L; but, now they have subjected the City to a lawsuit that has resulted in a $12,000 against the City. Well against us! Sure we got insurance for that (i suppose) but more lawsuits means higer insurance premiums from the City! Well for us! They were elected (those that had opposition at least) to represent the people of Jackson. That means respentation that is fair, just, and within the law! Let's not forget the felon he wouldn't turn over to the Sheriff while riding with the mayor. Don't forget the kid he gave all the money and perks to that ruined the DA's case, and then the same guy failed a drug test while on probation - while staying with the mayor! Don't forget the night he stormed onto some ladies porch, shotgun at hand, threatening her and her family. Don't forget the felons that were hanging with the mayor on Father's Day while his OWN children and family was in TX. Don't forget this man doesn't have time to write out 15 pages of garbage he calls a "plan." The lies about being a law enforcement officer in TX and MS. The lies about the gun permit, the homestead exemption, and his story of coming to Jackson broke. Don't forget his threats against Mr. Watkins and the KEH. Don't forget he called the man who built Mary's house a crook. Heck, don't forget Mary! Don't forget he said Deuce was involved with some unsavory business associates - associates who own/run businesses in Jackson! And, this is just what I can rattle off the top of my head! All this without even touching on his (or Bluntson's) questionable past accusations or the growing rumors around town about other things going on with the mayor. But, our council just sits back and tells us not to complain, buy Jackson, and vote for us in 2009! What a freaking joke!

Author

pikersam

Date

2006-08-30T20:08:34-06:00

ID

123089

Comment

Pike I agree with what you say but you asked "How did our City Council members not know about this injuction? Especially the "president" of the council!". That is what I answered. But you make some great points and I will stand beside you on those.

Author

malt

Date

2006-08-30T20:38:35-06:00

ID

123090

Comment

Pikersam, let me add a little more to your long list of Melton lies,debacles and failures: –Melton lying under oath to a Lauderdale judge. –Lying about not shredding city documents. –Lying about paying off-duty officers’ trip to the Bahamas. –Batman, Vidal Sullivan incidents. –The Upper Level beating and illegal raids. –Illegal roadblocks, searches and seizures in majority Black neighborhoods and clubs. –NO major drug busts under his tenure. –NO Written Plan for the city of Jackson to lure businesses to Jackson. –NO Plan in place to fight rising crime. –Arguments with D.A. Petersen –Thugs riding in the mobile command vehicle. –Thumbing his nose at the Department of Environmental Quality. –Comments derogatory to Jacksonians: “I don’t give a damn what the public thinks”. –Profanity laced tirade on the Charles Evers show. –Reprimand from the State Attorney General’s Office.

Author

Joerob

Date

2006-08-30T21:27:46-06:00

ID

123091

Comment

I will also agree with you Joe, but what about the disbanding of the code enforcement office, where now, even though Jackson has received the funds they are unable to pay HUD grant money to qualified recipients, until our code enforcement office meets there regulations. Or that he told all board members to hand in the resignations. Or crime going up so much, and it went up even more during the illegal "state of emergency".

Author

malt

Date

2006-08-30T21:57:54-06:00

ID

123092

Comment

Malt I see your point that Melton must have sat on the injunction which may mean they didn't know. I guess I needed to vent! ;-) Not all of us are privy to the legal in's and out's. But my intended point before I vented was all these politicos know each other. They know the judges, the clerks, the atty's and where they like to eat for that matter! And, they know this stuff is out there regardless of whether Melton tells them or not. This is a pretty small town, and much smaller if you are in a leadership position. You would think that knowing Melton is a hot potato that they would want to be more on top of him and his antics. Just maybe if the media didn't have to fill up several stories each day with Melton's latest blunder/lie/apology that some of the better news may get out to the public. And, where the media lacks in promoting the good stuff, the City doesn't make up for it by having any type of real news updates on their web page like other (sigh - smaller) cities do. Nor do they utilize the public access channel as they could. Get a few high school kids to broadcast a weekly local news show that focuses on the good things in town. I wouldn't try to sell advertising for it though. ;-) They have so many tools at their disposal that are left unused, and the one they are using, like the MCC, isn't being used right. Lord knows that Bluntson knows what is up with Melton! And now that we all know, do you have any faith that our Council will do anything about it? Heck, I don't even have faith that the Upper Level will follow through with the video evidence. This is Rodney Kingish if they would release a tape. And, I don't think that the majority of citizens will care if that one guy was Russian or a sheriff's deputy. I think they will say he is WHITE! If you saw Chief Anderson on WJTV get questioned by Councilman Crisler it's pretty obvious we don't have a police chief. We know we barely have a fire chief. And, we have a local justice system that isn't looking out for the people. Woohoo!

Author

pikersam

Date

2006-08-30T22:52:55-06:00

ID

123093

Comment

Oh yeah, the strippers and the sex shops! We can't forget about the strippers and our porn providers!!!

Author

pikersam

Date

2006-08-30T22:58:00-06:00

ID

123094

Comment

Love the cartoon, Darren! It does feel like we're in the middle of "Grand Theft Auto", doesn't it? Oh yeah, did anyone happen to see Marshall Ramsey's cartoon for August 30? Melton flying the JPD helicopter would be, um, interesting.

Author

LatashaWillis

Date

2006-08-31T00:42:20-06:00

ID

123095

Comment

Good point from everyone! Also don't forget about the firemen that were suspended for nothing. How about the three policers that he decided to keep after Michael Black's civil rights were violated? Were they even disciplined at all? He refused to sit dowm next to an ex-con in a meeting at Jackson Mall shortly after he was elected, but has hired several ex-cons since taking office. I'm tired of writing and trying remembering how much King Melton has done in his first 13 months. NEXT!!!!!!!!!!

Author

lance

Date

2006-08-31T04:00:09-06:00

ID

123096

Comment

Since we don't have a video to look at I'll give my version of what the mayor and his crew did: "I'll show you Grace and Benevolence." "Here's Grace...whack!" "Here's Benevolence...smash." "Now here’s both...whack, bam!" "I'll teach you to put a restraining order on me." WHACK! "That there punk is grace and benevolence!" “Yeah, Vic Macky ain’t got nothing on ol’ Frankie, boys.” 8-p

Author

pikersam

Date

2006-09-01T10:09:04-06:00