Circuit Judge Jimmy McClure last Thursday (July 28) in Sardis found probable cause for a Mississippi Highway Patrol trooper to face charges following a June 3 incident when he allegedly slung a Tallahatchie County deputy sheriff against his car.
Highway Patrol Supervisor Dino Stutts is accused of “slinging” Tallahatchie Deputy Benjamin “Benji” McKinney against his patrol car and holding his arm behind his back following a disagreement over whether an auto accident occurred on state highway or county road. Both men are longtime law enforcement officers.
The one-car accident occurred near Enid on Enid-Teasdale Road in Tallahatchie County, east of the railroad track where state maintenance ends.
On the witness stand, Stutts refuted much of the testimony offered by Tallahatchie deputies McKinney and Bubba Williams.
Tallahatchie County attorney Carol Turner of Charleston attempted to bring out past instances of aggression by the trooper, most of which was thwarted by objections from Stutts’ attorney, Daniel Sparks of Oxford.
McKinney testified that Stutts decided patrolmen would not work the wreck, stating it was not on a state highway. McKinney said he told Stutts that he would work the wreck himself and would call Stutts’ supervisor the following Monday. Stutts left his car, grabbed McKinney and threw him against the car, holding him there for a minute or so, according to testimony that was confirmed by Williams.
Both deputies stated Stutts said, “You’re not going to disrespect me like that,” prior to him leaving the car.
Stutts testified that he left his car after McKinney became belligerent. Stutts stated that McKinney said, “You so stupid you can’t tell it’s a state highway and you are a supervisor,” a comment that Williams’ testimony said didn’t happen.
Stutts also said he grabbed McKinney only because, “His right hand went toward his gun belt,” while later agreeing with his attorney he used the least amount of force necessary to calm the situation.
After McClure ruled there was enough evidence to find probable cause, Stutts was released on his own recognizance.
Tallahatchie County Sheriff William Brewer took the witness stand briefly during the hearing.
