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‘This should not have happened,’ lawyer says of 16-year-old’s death at poultry plant

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Duvan Perez spent time with his mother and siblings and liked to listen to music and work out at the gym.

At night, he arrived at Mar-Jac Poultry in Hattiesburg to clean machinery used to chicken for sale in restaurants. He was earning money to buy his own car.

“He was living the that you’d expect of a 16-year-old,” said Seth Hunter, a Hattiesburg attorney.

Until he wasn’t and became the third person to die at the poultry plant in less than three years.

Duvan Perez, 16, a Hattiesburg middle-schooler, was killed July 14, 2023, while cleaning a deboning machine at Mar-Jac Poultry. Credit: Courtesy of the family's attorney, Seth Hunter

On the night of July 14, 2023, the Hattiesburg middle-schooler was cleaning a deboning machine when he got caught in a rotating shaft and sprockets and pulled in, the Occupational Safety and Administration found in an investigation of the incident.

Federal child labor laws prohibit anyone under the age of 18 from working in meat processing plants because the machinery can be dangerous.

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In court and a statement released after Duvan’s , Mar-Jac pointed the finger at its contractor, Onin Staffing, saying it relied on the company headquartered in Birmingham to verify employees’ age, qualifications and , a wrongful lawsuit filed by the teenager’s mother, Edilma Perez Ramirez, alleges.

Despite this, Mar-Jac Duvan to clean the equipment “without actual or constructive knowledge that Perez was under the legal age to legally perform such job duties,” according to court documents.

The Feb. 1 lawsuit, filed in the Forrest County Circuit Court, is asking for compensatory damages from Mar-Jac, Onin and other defendants, including damages for funeral and burial costs, pain and suffering and the value of future earnings Duvan would have earned. 

“(The knows) that this should not have happened,” said Hunter, who is representing the family with Biloxi attorney Jim Reeves. 

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The lawsuit alleges Mar-Jac’s procedure for cleaning machinery did not did not follow proper safety procedures and industry standards. Typically, the machine would be disconnected from power and a lockout would be used to prevent the machine from intentionally starting.

It also alleges Onin allowed Perez to perform a task outside of his scope due to his age and lack of training.

Attorneys representing Mar-Jac and Onin did not respond to a request for comment. The companies and other defendants have 30 days to respond to the complaint.

In a statement released shortly after Perez’s death, Mar-Jac said the company “would never knowingly put any employee, and certainly not a minor, in harm’s way” but reiterated that the staffing companies are responsible for verifying age and identification.

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Other defendants named in the lawsuit are Letissha Hill, a human resources and staffing director at Mar-Jac, and John Daniels, a safety supervisor at the plant. Unknown defendants are others who may have worked for either company and those who manufactured and maintained the machinery Perez was operating when he died.

Hunter said the goal of the lawsuit is to find out why this happened to Perez and seek change to prevent other children from across the country from being placed in dangerous work conditions.

“They shouldn’t be there in the first place,” he said.

Perez was indigenous and from Guatemala, according to the Immigrant Alliance for Justice and Equity, a -based nonprofit organization that supports immigrants across the .

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The lawsuit alleges Mar-Jac has a history of worker safety issues.

Safety records show OSHA issued at least eight citations for safety violations at the plant before Perez’s death for deaths in 2020 and 2021, three amputations and injuries from a fall that required hospitalization, according to the complaint.

The lawsuit comes weeks after OSHA cited Mar-Jac for 17 violations in Duvan’s death, and 14 of them were classified as serious, totaling over $212,000 in proposed penalties.

Mar-Jac could have enforced strict safety standards, but less than a year after Perez’s death, that has not happened.

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“Nothing has changed, and the company continues to treat employee safety as an afterthought, putting its workers at risk,” OSHA Regional Administrator Kurt Petermeyer said in a Jan. 16 statement.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

‘Goon Squad’ victims’ attorneys demand censure and removal of Rankin County Sheriff Bryan Bailey

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mississippitoday.org – Mukta Joshi and Steph Quinn – 2024-09-23 17:52:14

Attorneys for three men tortured by “Goon Squad” called for the censure and removal of Rankin County Sheriff Bailey during a press conference Monday welcoming the Justice Department’s investigation into the Rankin County Sheriff’s Department. 

Malik Shabazz and Trent Walker, counsels with Black Lawyers for Justice, said they expect the federal investigation will counter the department’s claim in Parker and Jenkins’ that abuses were limited to a small cadre of officers and that Bailey was unaware of violent practices.

In January 2023, six law enforcement officers from Mississippi made national headlines when they tortured two Black men, Michael Jenkins and Eddie Parker, sexually assaulting them, even shooting Jenkins in the mouth. In March 2024, the officers – former Rankin County deputies Hunter Elward, Christian Dedmon, Brett McAlpin, Jeffrey Middleton, Daniel Opdyke and former Richland officer Joshua Hartfield – were sentenced collectively to a total of 132 years in federal prison.

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An investigation by the New York Times and Mississippi Today found that these incidents were just the tip of the iceberg, and part of a decades-long pattern of police brutality and abuses by law enforcement in Rankin County. Last , the Justice Department announced that it was launching an investigation into the county’s policing practices. 

The attorneys described excessive force as a “systemic problem” linked to Bailey’s lack of oversight.

Walker said Bailey ignored abuses and that for “too long, this has gone on with a wink and a nod and has not been seriously addressed.”

Shabazz said that while the officers’ sentencing and the federal investigation are welcome steps, “justice looks like Rankin County stepping up to censure Bryan Bailey.” 

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“There is no other sheriff’s department in America where such vicious criminals as the “Goon Squad” have been [sentenced] to 132 years in federal prison, and their supervisors remain on the job,” said Shabazz. 

The attorney for the sheriff’s department, Jason Dare, declined to comment in response.

The National Association for the Advancement of Colored People is in the of collecting signatures on a petition demanding that the governor oust Sheriff Bryan Bailey. A successful campaign would require the signatures of 30% of registered voters in Rankin County. That would mean 29,671 signatures. Angela English, president of the Rankin County NAACP branch, said that they almost have enough.

The attorneys also mentioned that Mississippi’s three-year statute of limitations prevents them from prosecuting on behalf of some victims. Among those victims is Samuel Carter. 

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In 2016, Rankin County deputies raided Carter’s home in search of . They dragged him into his bedroom, Carter and witnesses said, then beat him and shocked him repeatedly with a Taser. Department show one of the deputies involved in the arrest triggered his Taser six times during the arrest. That deputy still works for the department.  

Shabazz invited other victims of abuse, witnesses, officers and former officers from Rankin County law enforcement to come forward.  But the sheriff’s office is “underinsured,” he added, and will need to pay more than its liability insurance covers to Parker and Jenkins “decent” compensation. The department’s policy is capped at $2.125 million, Shabazz said, with each payout decreasing the amount remaining for future claims.

“What they’re risking is a trial and a jury verdict that could cost Rankin County many millions – 50 million, 60 million,” said Shabazz. “And it’s an unnecessary risk as far as I’m concerned.”

Several lawyers told Carter he can no longer file a lawsuit against the department because the statute of limitations has expired, Carter said. But he hopes the Justice Department’s probe will unearth more cases like his and result in criminal charges for the deputies who have so far dodged accountability. 

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“The ones who didn’t deserve what the law did to them, I hope it will come out,” he said. 

Brian Howey and Nate Rosenfield with The New York Times’s Local Investigations Fellowship. contributed to this report

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

If you build it, they will play – that’s the thinking in Coahoma County

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mississippitoday.org – Rick Cleveland – 2024-09-23 09:19:36

Hope Field, a baseball-softball complex in rural Jonestown, will soon serve the youth of Coahoma County,

Bennie Brown, 71 years young, grew up in poverty in Jonestown, 15 miles from Clarksdale in Coahoma County, one of the poorest counties in the poorest state in the nation.

Brown’s earliest memories are of sitting on the front porch with his father, listening on the radio to St. Louis Cardinals on KMOX out of St. Louis.

Rick Cleveland

“My dad was a baseball man, loved it,” Brown says. “He’d build a little fire out of leaves and twigs to keep the mosquitoes away and he’d listen to Harry Caray and Jack Buck just about every evening.”

Those St. Louis Cardinals included such remarkable Black ballplayers such as Bob Gibson, Bill White, and Curt Flood. Back then more than 15% of Major League Baseball players were African American, including many of the sport’s brightest stars. Today, only 6.7% of Major Leaguers are Black. The percentage has trended downward for decades.

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The No. 1 reason is primarily one of economics. Youth baseball costs money, not only for the equipment. Young Bennie Brown loved the sport almost as much as his dad. When he and his buddies out in the country played ball, they used their caps for gloves, tree limbs for bats and a cheap rubber ball for a baseball. There was no money for gloves or bats. There were no little leagues. There were certainly no travel leagues. 

It has remained that way out in Coahoma County in communities such as Jonestown, Lyon, Lula and Friars Point. But that’s about to change. In Jonestown, But God Ministries (BGM) has partnered with Major League Baseball Players Youth Foundation and Brasfield & Gorrie General Contractors to fund a $3 million state-of-the-art baseball/softball complex that will be known as Hope Field.

Bennie Brown

Coahoma County High School, which has never had a baseball field or softball field, will play their games there. So will organized youth leagues from T-ball on up. The has been cleared and leveled. Baseball and softball diamonds have been carved. Bleachers, concession stands are under construction. Light poles are about to go up. Construction should be complete by December and ready for play next spring.

“I just can’t begin to tell you how much this is going to mean to our young people,” Brown said. “This has exceeded by wildest dreams.”

“Our boys and girls are going to have a place to play,” says Bennie Brown, who serves as associate community of But God Ministries.

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The Hope Field baseball and softball facility will soon be a reality, and now But God Ministries is raising money to help fund the recreation leagues that will play games there. To that end, BGM has gathered several of Mississippi baseball’s most successful coaches to take part in a fund-raising dinner event on Thursday night (6 p.m.) at Broadmoor Baptist Church in . Longtime Mississippi State broadcaster Jim Ellis will moderate a baseball discussion with coaching legends Ron Polk, Scott Berry, and Bob Braddy. Ballpark fare will be served. Admission is $30.

The baseball/softball project is the latest in a long line of BGM projects to improve the lives of poor folks in Coahoma County. BGM already has also spearheaded a medical clinic, a dental clinic, a clinic, a community center, an economic development center and a Montessori school.

Stan Buckley

Said BGM executive director Stan Buckley, “One thing I love about this baseball project is that it is something that will affect thousands of and their families for many years to . I think of the baseball fields on which I played as a child in Natchez. Those fields are still there and are being used over 40 years after I played on them. There is no telling how many children have played on those fields over the decades. The same will be true of our fields in Jonestown. Many children over a significant period of time will be touched through this project.”

Hope Field really is a dream come true for Coahoma County High School baseball and softball coach Wesley Davis, whose teams have played its home games at dilapidated fields in Clarksdale. 

“The field we have played on had bad lighting, a flat pitcher’s mound, holes all over it and flooded every time it rained,” Davis said. “Plus it was a long way from where most of our players live. Many of these families don’t have transportation. This new facility is going to mean the world to us. I can’t wait.”

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Buckley gives much credit for the Hope Field project to Jim Gorrie, CEO of Brasfield and Gorrie, which built the Atlanta Braves’ Trust Park. This will make a long story really short: Gorrie and Buckley met while working on mission trips in Haiti. Buckley asked Gorrie to come see what BGM was working on in the Jonestown area. Gorrie came and was intrigued. When he asked what he could do to help, Bennie Brown mentioned a baseball field. So Gorrie contacted his friends in Major League Baseball, MLB became involved, and the rest, as they say, is history.

Hope Field will have artificial turf in the infield and a Bermuda grass outfield. It will be a regulation-sized field, but will be convertible to smaller T-ball and youth league fields.

It’s the T-Ball and youth leagues that most excite Davis, who believes those leagues will help develop players for his high school teams.

“We’ve got plenty of athletic talent,” Davis says. “They’ve just never had a place to play baseball.”

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If Luke Easter were alive, he would surely be smiling. Luke Easter, you say? Easter was a Black baseball pioneer, born in Jonestown in 1915, whose family moved to St. Louis after his mother died when he was 7 years old. Easter grew up to become one of the great power hitters of the old Negro Baseball Leagues, playing for the Homestead Grays in Pittsburgh and Washington, D.C. Easter called his home runs “Easter Eggs” and he hit many for both the Grays and later the Cleveland Indians after Jackie Robinson broke the color line in Major League Baseball.

Had Easter’s mother not died and his family not moved away from Jonestown, Luke Easter most likely never would have played baseball. There was no place to play.

There will be now.


For tickets to Thursday night’s 6 p.m. program at Broadmoor Baptist Church www.butgodministries.com or call the BGM office at 601–983–1179.

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This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi arts groups scramble as Thalia Mara Hall work continue

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mississippitoday.org – Sherry Lucas – 2024-09-23 04:00:00

sculpture at IBC entrance

Ripple effects continue to grow as Thalia Mara Hall’s temporary shutdown stretches into late September, Jackson arts groups adjust to keep season schedules on track and promoters eye lost opportunities and calendar dates that are slipping past.

Jackson’s premier performing arts venue was closed in early August after a weekend air-
conditioning failure and discovery of mold, sending stakeholders scrambling to secure
alternative venues or deal with cancellations. A recent state fire marshal report citing 22 fire
code violations at the building, and noting the health issues of indoor mold and human waste on its outside balcony heaped on more concern for onlookers who can only watch and wait for remediation work to begin.

The Jackson fire marshal will assist crews to address fire code issues once it is safe to return to he building, Jackson Chokwe Antar Lumumba said at a briefing last week. “We don’t want anyone in Thalia Mara Hall until the remediation goes forward.”

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A contractor was on standby to address the balcony issue, he added, and city officials had already been looking into ways, such as appropriate fencing on the outside stairwell, to limit the area’s access by people who are unhoused and try to camp there.

Mayor Chokwe Antar Lumumba answers questions regarding the city’s water system during a town hall meeting held at Forest Hill High School, Wednesday, Dec. 7, 2022. Credit: Vickie D. King/Mississippi Today

“Thalia Mara Hall is going to be just fine,” Lumumba said, stressing that the 1968 structure is an aging building. “So, there’s not just a set of repairs that need to be made and then we’re in pristine condition. Once we make these repairs, I’m sure we will identify other repairs that need to be made, as an aging building necessitates,” he said.

At latest update, the city awaited proposals from new vendors and a revision from another for mold remediation. Once it starts, that work is expected to take between four and eight weeks, followed by a final inspection, clearance and certificate of occupancy. Added to the list of items to be addressed at the theater: rigging system, fire curtain and response to the fire marshal’s report.

In the meantime, loss of access deals a blow to parties that rely on the municipal building as the metro area’s best and, in some cases, only venue able to host certain productions and handle the capacity needed to make them work. Even when local nonprofit arts groups find alternative locations, changes come at a cost.

“Our ticket sales are definitely slower, and our new subscription sales are down from last year,” Mississippi Symphony Orchestra President and Executive Director Jenny Mann said. “We’re already spending about $20,000 extra that was unbudgeted, for all the moving we’re having to do.”

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A frequent Thalia Mara Hall user typically logging 34 days there annually for concerts and
rehearsals, MSO embarks on its 80th anniversary season away from its home stage, and with a lot of celebratory activities postponed. MSO’s flagship Bravo series opening concert Oct. 12 is now set for Madison Central High School Auditorium in Madison and the season’s first Pops concert Oct. 26 moves to Jackson Academy Performing Arts Center.

“Those schools are really bending over backwards to accommodate us,” Mann said.

Anniversary celebrations remain on go for the Jackson Symphony League, marking 70 years, and the Mississippi Youth Symphony Orchestra, hitting the 75-year milestone. “So, we have some things in place, but it’s just not quite the grand celebration we had hoped,.” Mann said.

Thalia Mara Hall is crucial because funding is factored around that space, Ballet Mississippi
Executive Artistic Director David Keary said. “When the number of performances is lower and the number of people in the audiences is lower, your budget takes a pretty significant hit,” he said, estimating that hit around $35,000.

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Dexter Bishop and Laura Hart dance in a previous production of Mississippi Metropolitan Ballet’s “The Nutcracker.” Credit: by Lisa Speights

“The Nutcracker,” Ballet Mississippi’s biggest production of the year, is now scheduled for
Jackson Preparatory School’s Fortenberry Theatre with public performances afternoon and
evening Saturday, Dec. 7, and Sunday matinee Dec. 8.

“Ticket sales are impacted, school performances for children — we can’t do that,” Keary said. “We’re looking at about half the seat-selling capacity.”

Also out is a Friday night show, a festive evening aimed at young adults that was catching on, because of anticipated parking conflicts with another event at the school. “That hurts,” Keary said. “It really takes a hit on the momentum.”

He is still mulling how to adjust the production, particularly big scene changes in the first act, for the smaller site. “I do wish the city would expedite this,” he said of fixes to Thalia Mara Hall.

portrait of Keith and Kathy Thibodeaux are the co-founders of the Jackson-ba
Keith and Kathy Thibodeaux are the co- of the Jackson-based Christian dance company Ballet Magnificat! Credit: Photo courtesy Ballet Magnificat!

Jackson-based Ballet Magnificat! also confirmed its Christmas production for Jackson Prep, with Dec. 21 and 22 performances of “Light Has Come: The Angel’s Story” there. As a touring company, it is already more nimble with a facility change, but the different stage size may limit backdrops and the show’s multiple changes, Executive Director Keith Thibodeaux said. He hopes three performances instead of their usual two can catch the same number of audience members. “It’s a nice venue, and it’s a good place to watch a performance,” Thibodeaux said.

He is heartened by the arts community’s unified pressure for transparency and progress. “We need to get Thalia Mara Hall in order, and it’s not in order,” he said. “It’s sad that Jackson doesn’t have a nice theater like it did, and we would like to be there.”

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Jackson promoter Arden Barnett had to cancel two September shows by Kevin Hart (which had already been postponed once), October’s Kansas concert and “Wheel of Fortune: Live” that was slated for November. He moved the concert by Joe Bonamassa (August) and comedian Ali Siddiq (Oct. 19) to a half-house format at the Mississippi Coliseum.

“From a pain level of 1 to 10, it’s an easy 10,” Barnett said, expressing his frustration and little faith the city can meet the timeline under discussion. “No one’s going to buy a ticket until that building is deemed 100 percent safe, and then it might be a bit of a struggle until we get a couple of shows in there. The next six months are pretty rough, even if they get it cleaned up,” he said, with the inability to confidently book shows given the necessary time to announce it and sell tickets. “It’s a huge snowball effect.”

Innovation Arts and Entertainment CEO Adam Epstein keeps a close eye on theater
developments with their Broadway in Jackson fall and series on the calendar in
November and December: “Tina — The Tina Turner Musical” Nov. 19; “Cirque Dreams
Holidaze” Dec. 12; “Chicago: The Musical” Dec. 16; and “Mannheim Steamroller Christmas”
Dec. 27.

“If the city doesn’t start the remediation work in the next seven days, the entire
Broadway in Jackson series is in dire jeopardy of being canceled” through the end of this year, Epstein said.

Season tickets went on sale in August, and are down by more than half. “It’s
crickets.”

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The Mississippi Book did manage a switch that preserved some of its in-person student outreach and even scored an all-time high of 37,000 students with broadcast into classrooms around the state of children’s and YA author events before the Sept. 14 festival. Area schoolkids are traditionally bused to Thalia Mara Hall for the pre-fest activities.

“We had to pivot, at least three weeks out from the event,” festival director Ellen Rodgers said, adding a day to the schedule and the destination of Belhaven University for the Arts instead. Calling Thalia Mara Hall “a marquee venue we’ve come to rely on. It is such a treasure, so that was sad. We just made do. Hopefully, we’ll be able to get back there.”

The fest’s Thursday plans with Angie went virtual when weather threats prevented
school travel, but Friday’s author Kate DiCamillo event proceeded with 750 students in-person.

Changes meant fewer books went directly into kids’ hands. In-person students get a copy of
their own of the author’s new book; virtually participating schools copies for the school library.

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Hyuma Kiyosawa is congratulated by USA IBC executive director Mona Nicholas and IBC Jury Chairman John Meehan for his men’s junior silver medal win. Credit: Photo by Richard Finkelstein

USA International Ballet Competition Executive Director Mona Nicholas remains optimistic that the City of Jackson will get Thalia Mara Hall back up and running as soon as possible. “They’ve not let us down in the past and I don’t believe they’ll let us down this time,” she said, pointing out there was already a plan in place to replace the air-conditioning, now moved up to sooner rather than later because of the latest malfunction.

Credit: Courtesy of Mississippi Opera

Mississippi Opera Artistic Director Jay Dean said he has been told the theater should be usable by the time its April 26 production of “The Magic Flute” needs the space.

“We are not actively to secure an alternate space because in truth, there is no alternate space anywhere in the Jackson metro to do this,” Dean said. “We’re kind of in the same boat as the Broadway people — if it doesn’t happen at Thalia Mara Hall, it doesn’t happen.”

Dean took exception to characterizations of the theater as an old building. “It’s not an old
building. When you look at performing arts centers around the world, it’s a very young building that has been neglected. Carnegie Hall opened in 1891, that’s an old building. The Paris Opera House opened in 1875, it’s still functioning. … These are still viable performing arts centers because they’ve been taken care of and the maintenance of those facilities has been prioritized.

“The problems at Thalia Mara Hall did not develop because the A/C was off one weekend,”
Dean said. “That’s the snowflake on the tip of the iceberg.”

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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