Mississippi Today
Appeals court tosses ex-Jackson police detective’s manslaughter conviction
Mississippi’s appeals court reversed the manslaughter conviction of a former Jackson police officer who pulled a man from his car and slammed him to the ground, citing insufficient evidence.
The ruling also rendered an acquittal.
“The State concedes error in this issue,” reads Tuesday’s majority opinion written by Chief Justice Donna Barnes of the Mississippi Court of Appeals. “After review, we likewise conclude that the evidence was insufficient to support the verdict.”
Justices Virginia Carlton, Jim Greenlee, Anthony Lawrence III and Joel Smith concurred and Justice Jack Wilson concurred in part. The remaining four justices dissented.
On Aug. 5, 2022, former detective Anthony Fox was found guilty of culpable-negligence manslaughter for the death of 62-year-old George Robinson. This came about two years after his indictment with two other officers for second degree murder. He received a 20-year prison sentence with 15 years suspended and five to serve, followed by five years probation.
In a Tuesday statement, Hinds County District Attorney Jody Owens II said he is disappointed in the court’s decision but is thankful for its careful consideration of the case.
“The Hinds County District Attorney’s Office’s goal in each case is to seek justice,” he said in the statement. “… While we carefully review the Court’s decision and evaluate the appropriate path forward, our thoughts and prayers are with the family of George Robinson.”
The evening Jan. 13, 2019, Fox was searching for a suspect involved in the shooting death of a local pastor. Officers were in the area of Jones Avenue when they encountered Robinson, who was hosting a barbeque at his home to celebrate his recent recovery from a stroke.
Two people approached Robinson’s car to ask for change to buy food. Fox testified that he thought they were engaging in a drug sale. Officers asked Robinson to get out of the car, and the man told officers he couldn’t move very fast and was trying to take his seatbelt off, according to court records.
Fox opened the door, grabbed the man and threw him to the ground – hitting Robinson’s head and resulting in bleeding. Officers called an ambulance, but then canceled the request for service before a paramedic arrived, according to court records.
The officer cited Robinson for disobeying police commands and resisting arrest, and then let him go. Robinson drove to see his girlfriend and lay down on the bed, and she left him to go to the store.
About 15 minutes after she returned, Robinson started to shake and foam at the mouth, according to court records. An ambulance came and took him to the hospital where doctors found a brain bleed and performed surgery on his head.
Robinson died Jan. 15, 2019. The state medical examiner testified that his cause of death was a homicide from at least three blunt injuries to the head.
The Court of Appeals agreed with Fox’s argument that there was insufficient evidence for a culpable negligence verdict and that the Hinds County Circuit Court acted improperly when it didn’t instruct the jury about a defense of “accident and misfortune.”
Culpable negligence would need to be supported by evidence that the victim’s death was a foreseeable result of the defendant’s actions., the court wrote. Medical evidence did not support how eyewitnesses described what happened to Robinson, the court wrote, noting how medical experts testified that Robinson would have had more injuries.
Robinson’s medical history including a history of strokes, hypertension and blood thinner medication also make it difficult to pinpoint whether the injuries caused by Robinson were the sole contributor to his death, the court wrote.
Taken altogether, the Court of Appeals found the eyewitnesses’ testimonies not to be credible, so they can’t be the basis for Fox’s conviction.
“The evidence does not support a finding, beyond a reasonable doubt, that Fox should have known that Robinson’s death was a probable result that he should have reasonably anticipated,” the court wrote.
The ruling comes less than six months after the Mississippi Attorney General’s Office made a similar argument and asked the court to reverse Fox’s conviction, saying Fox could not have reasonably foreseen that Robinson would die from “an everyday effort to subdue a resisting, non-compliant suspect using traditional non-lethal means.”
In a Tuesday statement, Attorney General Lynn Fitch said a wrong has been righted and Fox received the acquittal he deserves. She reiterated her support for law enforcement.
In his dissent, Justice John Emfinger said there was legally sufficient evidence to support the verdict, and the court must question whether Fox’s actions against Robinson were reasonable, such as why he took him out of the car or allowed his head to hit the pavement.
“If Fox did not have a reasonable suspicion that Robinson was involved in illegal activity, he had no lawful right to remove him from his vehicle,” he wrote. “Thus, any force that he used would be unreasonable.”
Justices Latrice Westbook, Deborah McDonald and David Neil McCarty joined the opinion.
However, Emfinger wrote the jury wasn’t properly instructed in some respects. In that case, he would reverse the conviction and ask the court to hold a new trial with proper instructions.
In its statement, the Hinds County district attorney’s office said it followed the law and that the jurors were instructed on the law.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1997
Dec. 22, 1997
The Mississippi Supreme Court upheld the conviction of white supremacist Byron De La Beckwith for the 1963 murder of Medgar Evers.
In the court’s 4–2 decision, Justice Mike Mills praised efforts “to squeeze justice out of the harm caused by a furtive explosion which erupted from dark bushes on a June night in Jackson, Mississippi.”
He wrote that Beckwith’s constitutional right to a speedy trial had not been denied. His “complicity with the Sovereignty Commission’s involvement in the prior trials contributed to the delay.”
The decision did more than ensure that Beckwith would stay behind bars. The conviction helped clear the way for other prosecutions of unpunished killings from the Civil Rights Era.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Medicaid expansion tracker approaches $1 billion loss for Mississippi
About the time people ring in the new year next week, the digital tracker on Mississippi Today’s homepage tabulating the amount of money the state is losing by not expanding Medicaid will hit $1 billion.
The state has lost $1 billion not since the start of the quickly departing 2024 but since the beginning of the state’s fiscal year on July 1.
Some who oppose Medicaid expansion say the digital tracker is flawed.
During an October news conference, when state Auditor Shad White unveiled details of his $2 million study seeking ways to cut state government spending, he said he did not look at Medicaid expansion as a method to save money or grow state revenue.
“I think that (Mississippi Today) calculator is wrong,” White said. “… I don’t think that takes into account how many people are going to be moved off the federal health care exchange where their health care is paid for fully by the federal government and moved onto Medicaid.”
White is not the only Mississippi politician who has expressed concern that if Medicaid expansion were enacted, thousands of people would lose their insurance on the exchange and be forced to enroll in Medicaid for health care coverage.
Mississippi Today’s projections used for the tracker are based on studies conducted by the Institutions of Higher Learning University Research Center. Granted, there are a lot of variables in the study that are inexact. It is impossible to say, for example, how many people will get sick and need health care, thus increasing the cost of Medicaid expansion. But is reasonable that the projections of the University Research Center are in the ballpark of being accurate and close to other studies conducted by health care experts.
White and others are correct that Mississippi Today’s calculator does not take into account money flowing into the state for people covered on the health care exchange. But that money does not go to the state; it goes to insurance companies that, granted, use that money to reimburse Mississippians for providing health care. But at least a portion of the money goes to out-of-state insurance companies as profits.
Both Medicaid expansion and the health care exchange are part of the Affordable Care Act. Under Medicaid expansion people earning up to $20,120 annually can sign up for Medicaid and the federal government will pay the bulk of the cost. Mississippi is one of 10 states that have not opted into Medicaid expansion.
People making more than $14,580 annually can garner private insurance through the health insurance exchanges, and people below certain income levels can receive help from the federal government in paying for that coverage.
During the COVID-19 pandemic, legislation championed and signed into law by President Joe Biden significantly increased the federal subsidies provided to people receiving insurance on the exchange. Those increased subsidies led to many Mississippians — desperate for health care — turning to the exchange for help.
White, state Insurance Commissioner Mike Chaney, Gov. Tate Reeves and others have expressed concern that those people would lose their private health insurance and be forced to sign up for Medicaid if lawmakers vote to expand Medicaid.
They are correct.
But they do not mention that the enhanced benefits authored by the Biden administration are scheduled to expire in December 2025 unless they are reenacted by Congress. The incoming Donald Trump administration has given no indication it will continue the enhanced subsidies.
As a matter of fact, the Trump administration, led by billionaire Elon Musk, is looking for ways to cut federal spending.
Some have speculated that Medicaid expansion also could be on Musk’s chopping block.
That is possible. But remember congressional action is required to continue the enhanced subsidies. On the flip side, congressional action would most likely be required to end or cut Medicaid expansion.
Would the multiple U.S. senators and House members in the red states that have expanded Medicaid vote to end a program that is providing health care to thousands of their constituents?
If Congress does not continue Biden’s enhanced subsidies, the rates for Mississippians on the exchange will increase on average about $500 per year, according to a study by KFF, a national health advocacy nonprofit. If that occurs, it is likely that many of the 280,000 Mississippians on the exchange will drop their coverage.
The result will be that Mississippi’s rate of uninsured — already one of the highest in the nation – will rise further, putting additional pressure on hospitals and other providers who will be treating patients who have no ability to pay.
In the meantime, the Mississippi Today counter that tracks the amount of money Mississippi is losing by not expanding Medicaid keeps ticking up.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1911
Dec. 21, 1911
Josh Gibson, the Negro League’s “Home Run King,” was born in Buena Vista, Georgia.
When the family’s farm suffered, they moved to Pittsburgh, and Gibson tried baseball at age 16. He eventually played for a semi-pro team in Pittsburgh and became known for his towering home runs.
He was watching the Homestead Grays play on July 25, 1930, when the catcher injured his hand. Team members called for Gibson, sitting in the stands, to join them. He was such a talented catcher that base runners were more reluctant to steal. He hit the baseball so hard and so far (580 feet once at Yankee Stadium) that he became the second-highest paid player in the Negro Leagues behind Satchel Paige, with both of them entering the National Baseball Hame of Fame.
The Hall estimated that Gibson hit nearly 800 homers in his 17-year career and had a lifetime batting average of .359. Gibson was portrayed in the 1996 TV movie, “Soul of the Game,” by Mykelti Williamson. Blair Underwood played Jackie Robinson, Delroy Lindo portrayed Satchel Paige, and Harvey Williams played “Cat” Mays, the father of the legendary Willie Mays.
Gibson has now been honored with a statue outside the Washington Nationals’ ballpark.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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