Court rules Lesure guilty

A four hour hearing in Municipal Court Thursday Feb. 27, ended with Judge Jay Westfaul, of Batesville, ruling Thelbert Lamont Lesure guilty of simple assault for his attempts by physical menace to put Wayne Jones in fear of imminent serious bodily harm.

Westfaul cited testimony of Rick Raimey, subpoenaed as an eye witness the day of the incident, in the court's ruling.

"No doubt it happened just as Mr.Raimey said it happened," Westfaul said. "Mr. Lesure threatened Mr. Jones and threatened to euthanize him. Mr. Raimey tried to stop it.

"The court finds Mr. Lesure is guilty of simple assault by threat. There's a propensity for violence here."

Forthwith, Westfaul ordered Lesure to pay a fine of $330 and one year probation with six months in jail, suspended pending good behavior.

Attorney Tony Farese, who represented Jones, chairman of the Marshall County Democratic Executive Committee, said Lesure made threatening comments outside Courtroom B on the square in Holly Springs. Jones filed simple assault charges by way of threat and Lesure filed charges against Jones alleging he made false statements.

Farese called two eyewitnesses to testify in the Feb. 8 incident, Raimey and Sandra Hodges, both candidates for aldermen in the upcoming municipal election in Holly Springs. Lesure is also a candidate for alderman-at-large.

After the court proceedings Farese and Jones offered statements.

"We're pleased with the judge's ruling," Farese said. "The evidence shows Mr. Jones is absolutely innocent of any charge by Mr. Lesure. Independent witnesses corroborated by Mr. Raimey that Mr. Lesure threatened Jones.

"The rule of law has prevailed here as it should. I know this is emotional because they (Raimey and Lesure) are two candidates here in the city, but I would hope that all candidates refrain for threats of physical violence as they continue their campaigns."

"I am happy with the judge's decision that I was found not guilty of making false statements," Jones said. "I am pleased with the outcome of the proceedings."

Jones is general manager of the Holly Springs Utility Department and chairman of the Marshall County Democratic Party Executive Committee that was scheduled to meet inside Courtroom B, Feb. 8.

They were gathered outside Courtroom B because Jones had forgotten his key.

Lesure represented himself in the proceedings.

W.R. Saunders, of Oxford, served as special prosecutor.

Both the State of Mississippi vs. Wayne Jones charging false reporting of a crime, and Jones' charge against Lesure of simple assault by means to create fear were taken at once.

Jones testified that a chance encounter with Lesure occurred Feb. 8, where Lesure made threats.

"He proceeded to tell me once he was elected I would not have a job," Jones, general manager of the Holly Springs Utility Department, said.

Jones testified Lesure said "he was going to run me out of Mississippi, Louisiana and Georgia. He told me he would kill me several times, over a 20 minute period."

Jones testified Lesure said he was going to euthanize him like a dog, that he wouldn't be safe in the South and he would have to resign from the utility.

He said Lesure said to him, "This is my town."

Jones said he tried to convince Lesure that they "needed to work for the greater good of the county."

Lesure questioned Jones about where he was and what he did Sunday Feb. 9, Monday Feb. 10, and Tuesday Feb. 11; whether he spoke with any of the aldermen or members of the board of supervisors; if he contacted the Holly Springs Police Department; if he filed a statement with the sheriff's department; if he took any special precautions.

Jones said he had called his brother, an attorney, for advice; went to Memphis to shop for a gun, but did not purchase one; then visited a firing range because he felt he needed to learn how to use a gun to protect himself and his family.

Westfaul cautioned Lesure numerous times for asking Jones irrelevant questions, Sanders cited instances where Lesure's questioning was not relevant, as did Farese.

At that juncture, Farese objected to Lesure's questioning Jones on the witness stand.

"I understand Mr. Lesure is not a lawyer. It (Lesure's questioning) is not relevant. He's going on a fishing expedition here," Farese said.

Lesure testified he never said he wanted to euthanize Jones like a dog.

"Mr. Jones decided to railroad my campaign, my picture in the news," Lesure said.

Lesure admitted to making public statements at Board of Aldermen meetings that Jones is not fit to be manager at HSUD.

"I did say, if I won alderman-at-large, I would terminate (fire) him," Lesure testified.

He said he attempted to walk away several times from the incident on the street but it was "like, he (Jones) wanted to get a rise out of me.”

Farese then questioned Lesure extensively.

“You would agree that liars are not to be believed, that thieves are not to be believed, right?” Farese asked.

“I can’t just say, there is no redemption,” Lesure said. “I think common sense has got to play a role.”

“Honesty has to play a role,” Farese said. “You answer the question, I get to drive in my cross examination. The fact is you are a convicted felon.”

Lesure said he has accepted responsibility for the felony conviction, but that he is not ashamed of it at all.

Farese recited the details of a federal offense of filing false tax returns.

Sanders said Farese’s questioning was irrelevant to the case.

Farese continued.

“It goes toward dishonesty. I ask to be allowed to say where he defrauded $1.3 million, spent 36 months in prison and was ordered to pay a fine of $105,000.”

Lesure unsuccessfully appealed

Farese asked if Lesure had given a non-verbal signal (the high sign or the finger) that caused Ki Jones to be uncomfortable.his felony conviction, Farese said.

Sanders objected that the questioning regarding Lesure’s conviction on filing fraudulent tax returns was irrelevant.

“You are known to be vocal, outspoken,” Farese said.

“I don’t say I’m vocal,” Lesure said.

“You deny you are a political activist?” Farese asked.

“No,” Lesure said.

Farese said Lesure tried to subpoena a video of Lesure and the group standing outside Courtroom B, Feb. 8.

“The fact is you assaulted Ki Jones, you knocked him down,” Farese said.

Farese asked if Lesure had given a non-verbal signal (the high sign or the finger) that caused Ki Jones to be uncomfortable.

Lesure said Ki Jones initiated the incident that took place on South Market Street outside Tyson Drugs.

Farese continued questioning Lesure on the incident.

“Did you knock him off his feet? Farese asked. “Did you file charges?”

Lesure hedged.

“My question is simple,” Farese said. “It was public knowledge who was in the runoff (with Sharon Gipson) for mayor. You filed 230 false tax returns. All of a sudden you become an activist. You tell Wayne Jones if you are elected, he’s out.”

“I have spoken on several different occasions,” Lesure said, regarding his public comments in the Holly Springs Board of Aldermen meetings.

“I don’t care what the situations are, this is not a forum for your election,” Farese said. “You are not charged with laying hands on Ki Jones, are you? (Ki Jones did not file charges against Lesure after the incident.) What is your relationship with Ms. Sharon Gipson? It is incontrovertible you have an unusual amount of influence on Sharon Gipson.”

Sanders objected.

“It’s badgering the witness,” Sanders said.

“If Mr. Jones believes you have a relationship with Sharon Gipson and she has control over the Holly Springs Police Department,” Farese said. “You are not charged with laying hands on Mr Wayne Jones, are you?”

“Nobody controls Sharon,” Lesure said.

The court took a five minute break, then upon returning Farese questioned if the video surveillance system in the room was live and if the mayor could view it.

Following this, Rick Raimey and Sandra Hodges gave sworn testimony.

Raimey’s testimony corroborated most, not all, of Wayne Jones account of the Feb. 8 incident outside Courtroom B. He said he did not remember hearing Lesure saying the words he would kill Mr. Jones. But he said he heard the other statements Lesure made.

Raimey said Wayne Jones was visibly shaking (afraid) during the incident.

Lesure, representing himself, posed questions to Raimey. Later Farese cross examined Raimey.

When Sandra Hodges was called to testify, she said she became distracted and does not remember anything said or whether Lesure appeared angry, he said.

“The only thing I want to testify, I want to be released from this subpoena,” she said. She observed Raimey and Lesure giving a dap (fist bump).

She said she got distracted when she heard Lesure use the words M…F.

After showing a video of the street scene, Farese continued questioning.

Farese said Raimey testified Lesure used some curse words and that he heard Lesure say he would slap the F- - - out of Jones and F - - - the sheriff.

Judge Westfaul made his ruling and court was dismissed around 5 p.m.