With the American flag held high, retired disabled Army veteran Arthur Sams says he is supporting his neighbors for change in Coldwater, Miss. (Photo by Wiley Henry)

They want Municipal Court Judge Kenneth Stockton and prosecutor Elizabeth Paige McDowell out. They want a new Board of Aldermen and a replacement for four-term Mayor Jessie J. Edwards, an African American whom they accuse of mistreating Coldwater residents.  

Carolyn McDale (center), who was convicted in municipal court for assaulting one of her day care clients last October, is demanding colorblind justice. She is appealing the case. After her conviction, she rounded up 600 signatures on a petition calling for the ouster of the judge and prosecutor. She also has a beef with the mayor and wants him out.

As motorists zoomed passed the spectacle on Highway 51, several honked their horn to indicate support for the 25 people calling for change and holding placards with slogans such as “United for Change,” “In God We Trust,” and “Yes We Can,” President Barack Obama’s mantra.

Their cry for change was first heard in the town of 1,700 residents — 70 percent of whom are African Americans — after day care owner Carolyn McDale was convicted in municipal court for assaulting one of her clients last October.

McDale, who is African American, is appealing the case. In the meantime, she collected 600 signatures on a petition to remove the judge and prosecutor, both of whom are white.    

“It doesn’t take a rocket scientist to see that we have a lot of issues in this town,” said McDale, who organized the rally to call attention to what she refers to as a “broken” judicial system, an “abusive” police department, and an “insensitive” mayor.

Lillie Merriweather was the second name on the petition. She joined the rally to support McDale’s call for change. “I’m here for a change,” said the 40-year resident of Coldwater. “We need equality and justice.”

Carla Chestney, who is white, agrees that the political system in Coldwater needs overhauling. Her husband is campaigning for an at-large position on the Board of Aldermen. “Once you get change in town hall, you get change also in the police department,” she said.

Another white resident, retired disabled Army veteran Arthur Sams, thought it was fitting to jump into the fray. He proudly waved the American flag and declared, “I’m supporting my neighbors.”

Though the unrest and tensions are familiar, this is not your grandparents’ Mississippi any more. This is a town divided by politics, with black and white residents found on both sides. In Coldwater, the median income for a household in 2000 was $26,058 and the per capita income was $12,330.

How it all began

Although the rally was spawn from McDale’s own legal issues, she said the 600 petitioners believe that the judicial system in Coldwater is flawed.

“Race is still an issue,” she said. “All of us can’t be wrong.”

Stockton, however, saw things differently when he charged McDale with simple assault and fined her $160 plus court costs after an Oct. 8, 2008, altercation with Robin Ragsdale. He also sentenced her to two days in jail, which he suspended.

The assault charge was unwarranted, said McDale, owner of The Learning Tree Christian Pre-School, where Ragsdale had formerly taken her son for day care and where the altercation began.

Ragsdale was charged with disorderly conduct for her part in the altercation and fined $150 plus court costs. The judge also sentenced her to five days in jail, which he suspended if she behaves and pays the fine and court costs.

In a court transcript, Ragsdale said the altercation started over a receipt that she requested for an $80 payment she made on Aug. 4, 2008.

When McDale called for a rally, Lillie Merriweather was ready to lend her support. Her name also was among 600 signatures on a petition seeking the ouster of the judge and prosecutor in Coldwater.

During the trial, both women argued over the events that led up to the dispute. On that day, Ragsdale explained what had happened:

“It was about 7:30 that morning,” she told the court. “I stopped by before work... She told me to come by and pick it (receipt) up that afternoon. Well, I get off work at 5:00 o’clock. So I picked my child up, and I go to Ms. Carolyn’s house. I knocked on the door. She came to it. My little boy didn’t want to come inside...”

Ragsdale said she only wanted to pick up a receipt so that ICS Head Start (Institute of Community Services, Inc. in Northwest Mississippi) would continue to pay for day care after pulling her son out of Learning Tree.

She said McDale asked that she bring her son inside because dogs roam the neighborhood. “And I said, ‘Why does he need to come in?’ She kept insisting she wasn’t giving me anything until Jordan came in.”

While standing in the open door for about four to five minutes, Ragsdale said McDale shoved her. “She came at me with her fist. I went to block her with my arm, and she got her arm around my neck.”

McDale’s version of the story differs in key areas. She said she thought Ragsdale, who owed her a balance for childcare, was coming by the center to pay the bill.

“Ms. Ragsdale showed up about 5:45 p.m., and she rang (the doorbell),” said McDale, noting that Ragsdale didn’t accompany her son to the door or bring him inside the day care as McDale requested.

“... As a childcare provider, I’m responsible whether you are inside or out, if it’s a child on my premises,” she said. “And for my purposes, I wanted to secure the child before I did anything.”  

The neighborhood dogs posed a danger, said McDale. But Ragsdale was firm, still refusing to bring her son inside. The conversation was over, she said, after Ragsdale raised her voice.

She then asked Ragsdale to leave and tried to close the door. “She struck me, trying to prevent me from reaching for the door to close the door.”

Then she said Ragsdale struck her in the chest and caused close to $400 damage to the door after kicking it repeatedly, she said.

“I had a right to defend myself.”   

The residents of Coldwater, Miss., marched up and down West Service Dr. on Feb. 14. The one hour rally was organized by Carolyn McDale, who was found guilty in municipal court for simple assault. She said the judge and prosecutor gave her a raw deal. (Photos by Wiley Henry)

Does Bias Exist in Courts?

McDale’s attorney, Howard Brown of Griffin & Associates, argued that a person is allowed to use force if necessary “to protect their home when they are at home and to ward off someone who is attacking them.”

Ragsdale was the aggressor and McDale was trying to protect herself, Brown contends.

Charles Griffin, the principal of Griffin & Associates and brother of the defendant, said McDale had a right to defend herself based on the Castle Law in Mississippi.

Signed into law by Gov. Haley Barbour in 2006, the self-defense bill (SB 2426) says a citizen has a right to use deadly force against an intruder if there’s a presumption of bodily harm inside or outside the home.

“She has a right to remove a trespasser from her home without using deadly force,” said Griffin. “It should’ve been common sense to the judge that when the lady was told to leave, she should’ve left.”

The ruling prompted closer scrutiny of the prosecutor and judge’s relationship. The prosecutor and judge work for the same office in a nearby town, said Griffin, who will represent his sister when the case is appealed in Circuit Court. A date hasn’t been set.

This relationship should have been disclosed prior to the hearing, Griffin said. “They didn’t disclose their relationship to the lawyers. If the disclosure had been made, we would have objected.”

Stockton, he said, serves as the city prosecutor in Hernando, Miss.

Elizabeth Paige McDowell, who prosecuted McDale in Coldwater, is the assistant prosecutor in Hernando. In that jurisdiction, she goes by the name Elizabeth Paige Williams.

“How can there be fairness and equity?” Griffin asks. “This is a conflict of interest.”  

Stockton disagrees. “It’s normal to be a judge in one area and a prosecutor in another,” he said.

Williams said neither she nor Stockton works in a supervisory role in Hernando or Coldwater. “We are paid by the city of Hernando as prosecutors and paid by the city of Coldwater in our roles as judge and prosecutor.”

“I prosecuted both women,” Williams said. “Ms. McDale was charged with assault and Ms. Ragsdale was charged with disorderly conduct.”

The appeal, she said, will be prosecuted at the circuit level when a court date is secure.

The defendant and her supporters, however, believe the ruling raises questions regarding implicit or hidden bias within the judiciary, which has been documented by recent research studies.

“If Carolyn had been white, there’s no way that a black girl would be charged with disorderly conduct,” Griffin argued. “The judge’s decision doesn’t make sense if it’s fair and equitable.”

The judge, he said, should’ve recused himself because he didn’t inform the attorneys about his working relationship with Williams.

Stockton said he couldn’t comment on the case because of Mississippi’s judicial code. But he did say that McDale’s case is the only one that has caused him some problems.

In a recent issue of the Clarion Ledger, Mississippians filed a total of 322 judicial complaints with the Mississippi Commission on Judicial Performance in 2008.

Of that number, 265 were dismissed for insufficient evidence of judicial conduct and 23 were recommended for some kind of action against the judges.

When asked if there were complaints filed against Stockton since he’s been a judge, someone in the Commission’s office said that information couldn’t be divulged.

If there is an ethics violation in local and state governments, the judiciary could be held accountable as well, said Tom Hood, executive director of Mississippi Ethics Commission.

Hood said not every ethics complaint results in a full-scale investigation. However, “If the commission finds that a person has violated ethics law, a press release will be sent out to the media statewide,” he said.

Black Mayor is A Target

Mayor Jessie Edwards is quite familiar with the government of Coldwater. He’s served as an alderman and as the part time mayor for a total of 28 years. There are no term limits for mayor.

Although McDale wants the mayor out of office, Edwards said he didn’t know why she would drag him into her fight other than he didn’t permit her to speak at a town hall meeting in January following the incident at her day care.

“When they came to the board meeting, I said because it’s being appealed I can’t address it. So I wouldn’t let her speak,” said Edwards.

“What’s more important than to hear from the citizens — about 600 of us,” said McDale, who moved to Coldwater five years ago from Cleveland, Miss. “They know people don’t know their rights.”

The mayor said people are unaware of how municipal government works in Tate County. “We don’t have anything to do with the judge’s decision. That’s a separation of power. We can’t overturn a judge’s decision.”

Neither can he hire or fire someone. But Edwards, who appoints the judge and prosecutor, said he could make the recommendation. As for Stockton and Williams, “they’re doing a good job.”

He said the whole ordeal is about nothing. “I think it’s related to the next election in May. She has aligned herself with aspirants seeing political office.”

McDale didn’t like the court’s ruling and wants people replaced, the Mayor suggests. “The lady was found guilty of something. Now she’s trying to dismantle the whole town.”

“She seems to be a person who won’t give it up,” said Edwards. “I don’t have any fears about what she’s doing.”

He is planning to run for re-election.