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You may have heard about the plight of a small delta town called Jericho and its assistant fire chief Don Payne. It’s had a few mentions on the news networks and a couple appearances on the AP feed … and I dedicated a post to the story a couple weeks back (Holy Jericho).

For a quick re-cap of events: while in a court hearing over a traffic ticket issued to his son, Don Payne and at least one member of the Jericho Police Department got in an argument stemming from illegal traffic tickets issued to Payne and other residents of Jericho. A scuffle ensued and Payne was shot in the hip by Officer Eric Pharr of the Jericho Police Department. He was hospitalized in Memphis and underwent a five-hour surgery to remove the .40 caliber bullet which had lodged in his hip bone. He was recently released in good health but still requires the use crutches. Following the shooting, Jericho Police Chief Willie Frazier temporarily disbanded the police force and the entire department remains under investigation.

But no charges have been filed against Officer Eric Pharr, who fired on an unarmed Don Payne in front of six other police officers and presiding judge Tonya Alexander (who quickly resigned her post). The Crittenden County Sheriff’s Office, which began investigating other questionable Jericho police acts, has reported no progress in the investigation and has shared little of the information collected about the courtroom incident.

Unfortunately, a gunshot wound was only the beginning for Mr. Payne. Days after being released from the hospital, Jericho Mayor Helen Adams officially dismissed him as assistant fire chief. “As it comes to my attention of the improper behavior that you displayed,” she wrote in his letter of termination. “You have disgrace my name as Mayor.” And to top it off, arrest warrants were issued for his arrest. Let me repeat that: the police issued warrants for the arrest of Don Payne after he was shot by a police officer during court proceedings about the legality of the police department’s actions.

And Officer Pharr, who wounded another officer in the shooting, has not received so much as a reprimand. In fact, he’s back on the beat, writing tickets and patrolling the city as usual. Despite Police Chief Frazier’s promise to disband the police force until the investigation was completed, the department re-assembled after little more than a week apart and resumed their “duties.”

The decision not to prosecute Officer Pharr apparently fell to West Memphis City Prosecutor Lindsey Fairley, who supported the officers’ right to detain the former assistant fire chief. Apparently by whatever means necessary. It was also Fairley who decided to levy the charges on Don Payne. The charges – two counts of felony battery – allege that Payne assaulted Police Chief Willie Frazier by shoving him backward, and then reached for Officer Eric Pharr’s weapon. Which Payne vehemently denies. Thomas Martin, the chief investigator for the Crittenden County Sheriff’s Department heading up the on-going investigation of Jericho’s police force, confirmed not only that the warrants had been issued but that the police claimed Don Payne was reaching for Eric Pharr’s weapon when he was shot. Early reports noted that the bullet struck Don Payne from behind, which was corroborated in the wound as seen in this video (at the :30 mark). But that angle of approach would make reaching for the pistol improbable if not impossible, a particular of the case that no one in authority has yet commented on.

And although the arrest warrants have been issued, they have not been served. Jericho police are back on the streets and are clearly aware of Don Payne’s residence but have made no attempt to take him into custody. “I’m sitting right here just waiting,” Mr. Payne shared from his front porch during a short interview with one Memphis reporter. “I’m not a fugitive.”

Randy Fishman, of the Memphis law firm Ballin Ballin and Fishman, was secured as Don Payne’s legal counsel shortly after the shooting and maintains that the police were not acting in the public’s best interest. “I think an officer should be trained in not only how a weapon should be used but when a weapon should be used,” Mr. Fishman said. He reiterated that pulling a pistol on an unarmed civilian surrounded by police showed poor judgement, and that firing it was negligent at best. “If anyone should be charged with a felony here, it should start with the officer who pulled the gun.” He has also stated that they are prepared to fight any charges arising from this unfortunate circumstance.

And though he is no longer Jericho’s assistant fire chief, the rest of the Volunteer Fire Department fully support him. All 19 members quit the department en masse on hearing of Payne’s dismissal.

On September 9th, the mayor and city council had a “secret meeting” but none will speak to the press about that meeting, the incident, or even the original allegations of police corruption in Jericho. Various reporters have attempted to speak with city officials but met stiff opposition, including a police response.

With a bit of digging, I unearthed the phone number of Jericho City Hall and repeatedly rang it myself … to no avail. The same was true of the Crittenden County Sheriff’s Office. (I hate to think if I lived in the county and tried to ring their offices with an actual problem.) But I take this as a good sign. Because if they aren’t talking, it means they are concerned, and if they are concerned then – just maybe – they have something be concerned about.

I intend to follow this case and update on it when news becomes available. And in the meantime, godspeed to Mr. Payne and Mr. Fishman.

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Related articles and information:

CBS News

Memphis ABC News

KAIT 8 short and video

Original AP article

Payne’s Wife Speaks

Jonathan Turley’s Blog

Jericho City Hall Phone Number: 870-739-3884

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Crackers Beware

Terrorist profiling isn’t just for Middle Easterners anymore.

A young whitebread American professional was recently held by TSA agents in the St. Louis airport. Did he mistakenly leave a screwdrivier in his carry-on? A pocketknife in his suit pants? He did verbally threaten someone or carry prohibited substances? No. Nothing of the sort. He was detained, his possessions searched, and threatened with arrest because he had roughly $4700. In cash.

Maybe you’ve already heard about this. But probably not. The news broke at least four days ago but I didn’t catch a whiff of it until today. There was no mention of it on Good Morning America, our local news broadcast, or even my Rueters and AP news feeds. And you may be asking yourself why you should care in the first place; what’s the big deal? My reasons for mentioning it here are two-fold.

First: I don’t find $4700 to be an exorbitant sum to be in the hands of a young professional. He was polite, compliant, well-dressed, a United States citizen, had proper identification … and yet they detained him. Why?

Second: Not long before this young man was detained, a state-and-federal joint organization had distributed a confidential report to law enforcement officials across the state, a report which “depicted Christians, anti-abortionists, advocates for protecting our borders and supporters of certain political candidates as potential ‘threats’ to public safety,” according to Missouri Lieutenant Governor Peter Kinder (the report, titled “The Modern Militia Movement,” can be read in full, as released, at the bottom of this post). Forgive me, but those delineations seem broad enough to condemn just about anyone.

The young man detained had the misfortune of falling into several of their “threatening” categories: being an aide to Texas Republican Representative Ron Paul, who was on the “certain political candidates” list; being the Director of Development in the politically-involved organization Campaign For Liberty; carrying “political paraphenalia” for both previous entities, in the form of fliers and bumper stickers; and possessing $4700 in cash. Trouble is, that report was supposed to be rescinded, its content disregarded. Though originally distributed as a sensitive “Law Enforcement Only” document, an unidentified officer leaked the report to the media on March 11 and the cat was out of the bag. The following public outcry led to apologies, public condemnations of the material, and supposed retractions of the report. And yet a young man who fell into several of the categories outlined in that report was detained, with no explanation except that the cash he carried somehow made him suspect.

I’m sure a lot of shady drug and/or terror-related deals go down between the St. Louis underworld (mafia, Al Qaeda, etc.) and a twenty-five year old Christian Republican who is well employed and politically active. Yes sir, I believe someone fitting that description proves a threat to our public safety. Sounds like a terrorist to me. Looks like one, too …

Yup, that’s the face of evil if I ever saw it.

His name is Steve Bierfeldt. He graduated Magna Cum Laude from Sacred Heart University in Fairfield, Connecticut, in 2006 and then spent two years in Virginia working for a non-profit and an election campaign. Prior to the TSA intervention, he had been in St. Louis helping at a Campaign For Liberty convention where they had sold tickets and merchandise, with roughly $4700 in cash transactions. Yes, yes, I see a threatening pattern emerging … It is my belief, ladies and gentlemen, that his problems stemmed from being a conservative, working for another conservative, supporting a conservative organization touting the need for antiquities like Freedom and Liberty. Oh and he’s a Christian, too.

Tie him to the stake! Light the kindling!!

This sounds eerily like a witch-hunt. During questioning, he repeatedly asked the TSA agents if he were required by law to answer. It seems a legitimate question to me, especially if they are looking to peg me as a militant extremist of some sort, but none of them responded except with condescension, threats of arrest, “going downtown,” and confrontation with the DEA and/or FBI.

Witch! Witch!!

Bierfeldt recorded much of the interaction on his cell phone, part of which can be heard on the embedded video at the bottom of the post. And while he was eventually released, catching his plane without further hassle, I still find this story very compelling. The fact remains that he was singled out and held without good reason. It was, purportedly, because of the cash, but on no flight rules list or FAA regulation anywhere does it even hint that cash is an article to be carried in limited quantities, or that substantial quantities of it could make you suspect and a likely candidate for detention. (And what would be considered a “substantial” quantity? Where do they draw those lines?) Young Bierfeldt would have been arrested, or at least held for further questioning, if not for an apparent plain-clothes FBI agent who ordered his release. Without once checking his documents, asking him a single question, or even inspecting his possessions.

A government document advised that someone like Bierfeldt – a Christian, a Republican supporter, a political citizen – could be a threat to public safety and so he was pulled aside. I’ll be honest with you … this kind of stuff scares me. Our rights and liberties and freedoms have been so thoroughly stripped away that, truly, nothing remains but their memory. And this is only the beginning. Tighten your seatbelts; it’s going to be a long, hard ride.

A few parting thoughts and links…

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“I realize that there are people who will dismiss this kind of story as insignificant. They shouldn’t. This is very serious and should be treated as such. Anyone who knows anything at all about history knows that before a state or national government can persecute – and commit acts of violence against – a group of people, they must first marginalize the group from society’s mainstream and categorize it as dangerous. Rome did exactly that to Christians, as did Mao’s China; Hitler’s Germany did the same thing to Jews; Stalin’s Russia did the same thing to political dissenters, etc…
…This is very serious business! We are not talking about private opinions. We are talking about law enforcement agencies. And remember, most law enforcement agencies share these types of reports; therefore, how many other state police agencies have similar reports floating around?”

A quote from Chuck Baldwin’s article Missouri State Police Think You And I Are Terrorists.

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“The show-me state made the news recently when the Missouri Information Analysis Center, a state-federal law-enforcement partnership, released an inflammatory report alleging that libertarians, constitutionalists, supporters of Texas Rep. Ron Paul, and other people skeptical of powerful government should be considered as potential terrorists-in-the-making.”

A quote from the Examiner article Political activist detained by TSA for carrying cash.

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“We believe that freedom is an indivisible whole, and that it includes not only economic liberty but civil liberties and privacy rights as well…”

A quote from the Campaign For Liberty website.

You can also visit Steve Bierfeldt’s profile page and weblog on their site.

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