Lee deputies acquitted in beating death
Family of former sheriff's killer plans to file civil lawsuit
By Clay Harden
cha...@clarionledger.com
GREENVILLE — Two Lee County sheriff's deputies hugged and raised their arms
in victory Monday after a federal jury cleared them of civil rights violations
in the beating death of a gunman who shot their boss to death last year.
Deputy Jason Stanford said he was nervous but confident as the verdict was
read.
"I had a knot in my throat. I felt like you feel when something is going to
happen that could alter your life," he said.
The family of slain gunman Billy Ray Stone, meanwhile, vowed to file a civil
lawsuit against Stanford and the other deputy, Danny Dillard.
"It doesn't matter what my father did, he deserved to live to have a trial,"
said Stone's daughter, Shelly Shupe. "The verdict sends a message that law
enforcement can do anything they want."
The deputies had been accused of violating Stone's civil rights by stomping and
beating the handcuffed man after he killed then-Sheriff Harold Ray Presley in a
shootout in July 2001.
Shupe said the jury ignored testimony by many of the 10 prosecution witnesses,
including Stanford's brother, Ken, who told jurors Jason Stanford stomped Stone
with his foot and said, "You are going to die tonight."
Others testified that Dillard hit Stone with a flashlight after Stone was on
the ground with his hands cuffed behind his back and stopped a paramedic from
treating the suspect.
After a weeklong trial, the U.S. District Court jury took three hours to find
Stanford and Dillard not guilty.
Dillard said he was happy to "get out our side" of the story and, like
Stanford, wants to re-enter law enforcement. "I am ready to get back to what I
was trained to do," he said.
Lee County Sheriff Larry Presley, Harold Ray Presley's brother, said he would
like to put the pair back to work.
"We represented the good guys," said Dillard's attorney Tony Farese. "Stone was
a serial killer who tried to kill everyone he saw."
Before getting into the shootout with Presley, Stone had kidnapped Charlene
Wright of Tupelo and dumped her out of his moving truck. She died of her
injuries.
Robert Norris also was wounded in the shootout after deputies tracked Stone to
a shop behind his house.
Farese said there was no proof Dillard and Stanford were responsible for
Stone's fatal injuries.
Defense attorneys said the testimony of FBI agent Alfred Spiers, who said
Deputy Jack Tate admitted hitting Stone five or more times in the head with a
flashlight, was a key element.
Deputy John Lee also said he hit Stone in the head with his flashlight three
times as he struggled to bring Stone under control and handcuff him, Spiers
testified.
Neither Lee nor Tate was accused of any wrongdoing.
Outside the courthouse, Shupe put on a T-shirt bearing a color photograph and
name of her late father on the front and the words "Stop Police Brutality"
written across the back.
Assistant U.S. Attorney Bob Norman would not criticize the verdict. "We have to
accept it as the right decision."
Oxford Attorney Christie McCoy, who represents the Stone family, promised a
civil suit.
"Tell them to bring it on," said attorney Joey Langston, who represented
Stanford with attorney Zach Scruggs.
"I don't believe a jury in Mississippi is going to award money to the family of
a man who killed a sheriff."
Charlene Presley, Harold Ray Presley's ex-wife, is dedicated to denying the
Stone family's efforts to collect damages.
"We have filed a suit against them and will countersue to keep them from
getting money from Stone killing Harold Ray," said Charlene Presley.
http://www.clarionledger.com/news/0211/05/m04.html
"The gravest abuse of power - and the gravest threats to personal liberty and
security - are those in which the very individuals to whom we look for the
preservation of law and order turn out to be the predators."