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January 27, 2006

Hinton acquitted of charges from Tomato Bowl fights

By Hannah Buchanan

RUSK — Larry Charles Hinton Jr. was acquitted by a panel of seven jurors Wednesday in the county court of law at the county courthouse in Rusk, with Judge Daniel B. Childs presiding.

Hinton pleaded not guilty on the misdemeanor charge of interfering with an officer’s duties during the fights that broke out after the 2004 Jacksonville High School homecoming football game.

Lisha Mosely and a 13-year-old, both charged with resisting arrest that evening, took their cases to court and were acquitted in November 2005.

“My client and I were relieved and grateful that the jury felt that the evidence showed that he was not interfering with a public servant’s duty,” said JoAl Cannon-Sheridan, Larry Hinton’s attorney.

“This case once again shows that the system works. A person truly is innocent until proven guilty,” she said.

On Oct. 22, 2004, Larry Hinton’s wife, Leslie Joyce Hinton, was being arrested by Jacksonville police during altercations which broke out that evening.

Sgt. Jeff Johnson of the Jacksonville Police Department, who was there that night, testified that the defendant was “aggressive and agitated,” and while one officer was attempting to arrest Mrs. Hinton, Larry Hinton was “interfering with the duties of a public servant.” However, the jury did not find him guilty of the charge.

“The jury was extremely attentive,” Sheridan said. “I think they did a very good job of listening to both sides.”

Sheridan said before the jury that the police acted out of context, but County Attorney Craig Caldwell said he believes JPD got control of a situation that could have been “far more serious.”

“I think, in that regard, they did a good job for the city that night,” Caldwell said.

Jacksonville Independent School District police were the first to arrive at the scene that October evening. Fights broke out among juveniles at the Tomato Bowl, and the altercation quickly moved to East Commerce Street. Officials from the Department of Public Safety, JPD, and Cherokee County Sheriff’s Department also responded to the incident.

Deliberation of the jury took approximately 30-40 minutes, officials said.

Witnesses for the state, along with Johnson, were JPD Officer Jason Price; Cherokee County Sheriff’s Department detective Gina Battley, who at the time of the incident was a deputy; and JPD Corporal Ray Bowman.

Other witnesses included the defendant’s wife and three civilian bystanders.

Evidence brought before the court, other than testimony, were three video tape recordings from Price’s, Johnson’s and Bowman’s police cars.

Sheridan said the recording from Bowman’s car had no sound, and some activity could be seen, however, the other two tapes had poor sound quality and no activity could be easily seen.

Sheridan said Hinton originally had another charge of resisting arrest, however Caldwell dismissed it immediately prior to jury selection on Monday.

“I asked the judge to strike that,” he said. “We had some trouble with getting one of the witnesses that could have been necessary to prove that allegation.”

If convicted, Hinton could have received up to a year in jail and a possible fine. Interfering with a public servant’s duties is considered a Class B misdemeanor — “one step above a speeding ticket,” Sheridan said.

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