Deputy wins in federal court

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December 14, 2006

Anonymous The Jacksonville Daily Progress Thu Dec 14, 2006, 06:31 PM CST

By Jim Goodson

editor@jacksonvilleprogress.com

TYLER – It took a jury less than 30 minutes to reject a two-year-old accusation that a Cherokee County sheriff’s deputy used excessive force to help quell a disturbance outside the Tomato Bowl.

Jurors recessed at 12:22 p.m. Tuesday and returned at 12:48 p.m. to quickly reject accuser Leisha Mosley’s claim that deputy Gina Battley was guilty excessive force when she arrested Mosley Oct. 22, 2004.

Mosley was one of three adults arrested in an ugly post-game incident that officers said were actually multiple fights that broke out at about 10 p.m. following a 39-0 JHS win over Henderson on homecoming night.

The homecoming dance following the game was cancelled due to the fighting that began inside the old stadium that quickly spilled onto Austin and Commerce streets.

In addition to Mosley, Joyce Leslie Hinton and Larry Charles Hinton, Jr. were arrested. Larry Hinton was taized by Jacksonville police during the disturbance and is suiing the city (see related story above).

“Deputy Battley was absolutely vindicated,” Tyler attorney Christi Kennedy said. Kennedy represented Battley and the Cherokee County Sheriff’s Department under an arrangement with the county and the Texas Association of Counties. Kennedy is a partner with the Tyler law firm Flowers and Davis.

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