Inside the Courtroom: Day Three

Heather Ellis (center) stands with family, and her attorney, Scott Rosenblum (far right), in front of various local and national media outlets following her plea of guilt to peace disturbance and resisting arrest.

Staff photo by Deanna Coronado

After over two hours of deliberation from the jury, Heather Ellis admitted guilt to disturbing the peace and resisting arrest late Friday, entering into a plea bargain with the State of Missouri, following a trial that has lasted three days.

The prosecution, was formerly led by Dunklin County Prosecutor Stephen Sokoloff, who recused himself just weeks before the trial. The appointed prosecutor who took the case to trial, Morley Swingle of Cape Girardeau County, agreed to drop two felony counts of assault on a law enforcement officer through the plea deal, while Ellis agreed to a plea of guilt regarding the two misdemeanor charges of disturbing the peace and resisting arrest.

The terms of the deal include the sentence that Ellis must serve one year of unsupervised probation, attend at least two hours of anger management classes and serve four days in the Dunklin County Jail, which Judge Joe Satterfield referred to as "Shock Detention."

Additional details, including when Ellis will begin her probation, as well as, when she will be required to serve jail time, should be decided through the court soon.

Ellis is also required to pay court costs and other undefined expenses relating the jury, the trial, and the classes and probation she is sentenced to comply with. Details on those fees will also be determined at a later time.

Prior to her accepting the deal, which was similar to a plea offer presented to her and turned down two years ago by Sokoloff, the trial had resumed in its third day at 9 a.m., where Ellis was called for testimony.

On the stand, she noted that she grew up in Kennett, Mo., but was living in Louisiana.

Ellis added that she was in town in January of 2007 because she was home for Christmas Break from the college she was attending.

Her mother asked her to go to Walmart on January 6, 2007, to pick up a box perm, according to Ellis.

She added that her cousin David Taylor traveled with her to the store in her father's Ford F-150 truck.

Ellis explained that the two entered on the grocery side of the business and continued through the store to collect luncheables, a butter cake, and a box perm.

Following picking up the items, both of the individuals went to aisle 13, according to Ellis.

"I said, 'these are long lines, you stay here, and I'll go to [aisle] 14,'" Ellis said.

She noted that she only stayed in line at aisle 13 for two to three minutes.

Ellis also explained that she saw an off-duty Walmart associate and another "lady" with "long black hair" in the line of aisle 13.

She then identified Kinder as the "lady with long black hair," from her visit to the courtroom.

Ellis said that she pulled her phone out and was not paying attention to aisle 13, until her line was "stopped up" with a VCR price check.

At this point, Ellis noted that Taylor called to her that the two were next in aisle 13.

"I picked up my items and moved to aisle 13," Ellis said. "When I got there, Kinder's items were already on the conveyor belt."

David was still in front of her, Ellis added.

" I got there and said, 'excuse me, we were next,'" Ellis said.

Ellis noted that Kinder responded that she was next and that Taylor had "no stuff" so the two were "cutting."

"My cousin was standing there and I made joke, 'He ain't got no money,'" Ellis said. "She hollered, 'don't touch my stuff,' and then she shoved me."

Ellis noted that she informed Kinder not to touch her.

"I was touching her stuff because people were ignoring me," Ellis said.

She added that she was "by nature, loud," but neither of the two were "loud."

Ellis explained that Walmart cashier Betsy Walls noted that she did not see who was in line first.

Linda Maddox, who bought cigarettes in front of Taylor and Kinder said "This lady was behind me, I have known her for years," Ellis said.

She added that her response to this was, "It doesn't matter how long you have known her."

Ellis noted that she had tried to move her items back on the register several times.

"I stopped when it clicked in my head not to touch this woman's stuff," Ellis said.

She added that she then tried to explain the situation to the cashier, who had just called security.

Ellis identified the individuals in the surveillance video of aisle 13 from the night. She also noted that she said to the cashier, "Can you listen to me? We were in line next."

When security guard, officer Craig Moody, arrived he asked about the problem, according to Ellis.

She noted that she informed him of the situation and he said "What's the big deal?"

Ellis said that she explained to Moody that she did not understand, but the employees were "checking out" who they wanted.

She added that after Kinder left she thought "of course they will check me now."

Ellis explained that she informed the employees that Kinder had pushed her twice, but the employees did nothing.

She added that she had contact with her aunt Lilly Blackmon on the cell phone and the Blackmon said for Ellis to "just stand there," and that she was on her way.

Ellis noted that the cashier proceeded to reach around her merchandise to "check" another man behind them, which she "did not understand."

She said that she did not say another word until Assistant Manager Kay McDaniel appeared.

"When [McDaniel] appeared, she started yelling, 'get out of my store, you get out right now,'" Ellis said. "She just came up hollering."

She noted that she said to McDaniel, "You don't have to talk to me like that, I am educated as well as intelligent."

Ellis explained that McDaniel responded, "I am educated too."

She added that she was never by the bags and that McDaniel was not present when the items were moved.

Ellis noted that she tried to explain to McDaniel that "your associate would not check me out,"

She added that McDaniel was offended and said, "she is not my associate, she is my co-worker."

Ellis then explained that she saw Moody making the motions of speaking into his mic.

She noted that she asked Moody, "Are you going to try to take me to jail."

Moody said, "Who said anything about jail," according to Ellis testimony.

The defense admitted exhibit C as evidence, which was the defendant's leather jacket from the specific night.

Ellis explained that she did not understand why the police were called on the situation and that she had not done anything in her mind to be arrested.

Responding to a question from Defense Attorney Scott Rosenblum, Ellis noted that she paid cash for the merchandise and put the money on the scale.

She added that the cashier did not reach for the money and never even told her the total due for the merchandise.

Ellis said that Walls was continually looking at McDaniel to "get the ok" to accept the money.

She explained that McDaniel was saying, "hurry up, go ahead and get her out of here."

Ellis noted that the she was feeling "ignored" during the incident and that "it was hurtful."

The cashier also asked for Ellis' identification for the cash purchase, according to Ellis.

"I said, 'I am not going to give you my I.D.,'" Ellis said.

She noted that at this point it was "obviously treated unfairly."

Ellis explained that she perceived the request for an I.D. as wanting to acquire her name, so she told Walls she could call her "Donald Duck."

After she received her change she gathered her bags and walked out, according to Ellis.

She noted that the officers were blocking the exit at the end of the lane and she said, "excuse me."

Ellis explained, that upon her request, the officers did not move.

"I was trying to hurry and get out," Ellis said.

She added that she was "nervous and scared," and that there was no reason for the officers.

Ellis noted that this was a "bad situation," and that the manager was screaming.

She explained that she did not talk to the officers, but Fisher was talking to her as they were walking out o the store.

"[Fisher] was cursing me out," Ellis said.

She added that he used the phrases, "stupid idiot," and "go back to the ghetto."

Ellis explained that Fisher was just saying the phrases and that there were no loud voices like Flood had recalled.

She recalled Fisher saying "look at this stupid (expletive)," and "I better not ever see you around here."

Ellis said that when she turned, when shown upon exit in the surveillance video, she was telling her cousin to "come on David."

Ellis said, "I said, 'instead of harassing tax paying citizens, why are you not harassing crackheads and drug dealers.'"

She noted that Fisher responded, "No, we want to harass your stupid (expletive)."

Upon questioning from Rosenblum, Ellis explained that she had parked in the 15 minute parking in front of the grocery side of the store, but exited the general merchandise side.

When leaving Ellis noted that the two were headed to the truck to go back to her grandmother's house.

"I was walking and out of nowhere, I was grabbed up," Ellis said.

She added that just before walking out of the surveillance camera's view, she turned to look for her cousin.

She agreed with Rosenblum that she was off screen for approximately 12 seconds and that the surveillance did not show her being "grabbed up."

"I felt like a group of people had just rushed in," Ellis said. "Someone grabbed on my left should with great force."

She noted that no one said "you are under arrest," and the event came with no warning at all.

"I started screaming piercing screams and did not have control," Ellis said. "I was not fighting."

She added that her body was "flung around" while wearing the coat presented as evidence.

Upon questioning, Ellis noted that the coat had "no damage" before the evening and that the right sleeve of the coat currently had "no damage."

She explained that she was not trying to kick or "mule kick."

"I was screaming 'help' and 'Jesus,'" Ellis said.

She said that the officers banged her head on the car and pressed it down onto the car.

Ellis noted that her tracks, or fake hair, came out in the scuffle.

Upon questioning, she added "it takes a lot of force to take out tracks that were sewn in."

When being put in the car her head did not hit, according to Ellis.

She added that when arriving at the jail, Fisher dragged her out by her hair.

Ellis explained that Rosenblum requested her to bring the coat worn that evening.

She added that the coat had not been worn since the incident.

Ellis' mother found two pieces of paper in the coat the morning of the third day of trial, according to Ellis.

Rosenblum presented exhibit's A and B to the court.

Exhibit A appeared to be an arrest booking report, according to Ellis.

She added that the report had blood on it and it was her blood.

Exhibit B was a paper given to Ellis at the emergency room for X-ray treatment, according to Ellis.

She noted that this paper also had blood on it and it was her blood.

Swingle asked Ellis how many times she touched the other customer's merchandise, to which she replied, "I don't remember the exact amount of times."

Swingle asked is if the surveillance video captured every time she touched the merchandise, to which she replied, "as far as I can tell."

He then asked if Ellis made a conscience effort to touch the other person's merchandise.

She replied, "yes."

When asked if she wasn't out of control and knew what she was doing, she said, "no sir."

Swingle noted that Ellis had said that, "at some point it clicked in her mind not to touch the other person's merchandise."

He followed that by asking her to identify the place in the surveillance video when it "clicked."

All four times Ellis touched the other person's merchandise was shown.

Swingle then asked if this was the point, to which Ellis said, "yes sir."

He then asked if Ellis agreed she was holding the Sunny D bottle has a club.

Ellis noted that she had the bottle in her hand but was just speaking.

Swingle then asked if Ellis agreed that is was not normal to slide another person's merchandise without permission, to which she replied, "yes sir."

Upon questioning Ellis admitted that the tone in her voice was "aggressive," and that she would be upset if someone grabbed her merchandise.

Ellis then denied making the derogatory phrases towards the Wal-Mart employees.

Then Swingle asked if Ellis threw the cash "down."

Ellis said, "I dropped it down."

He then asked if she dropped it from so high that her hand was not in the camera.

"No sir, I'm not sure why it's not on camera," Ellis said.

Upon questing Ellis agreed that the Wal-Mart worker was backing up at the moment that the change was "dropped."

Ellis replied, "yes."

Swingle asked if it was because of her motioning to throw the change.

"No sir, that is not true," Ellis said.

He then asked if Ellis could put "power into a kick."

Ellis noted, that she did not kick people.

Swingle followed that question by asking if Ellis had enough weight to "give a hard kick," and if she kicked Fisher and hit Stewart.

Ellis replied to all questions, "no sir."

Prosecution then submitted exhibit six, which was a photo from her arrest at the sheriff's department.

He asked if the Band-Aid on her ear was from a previous injury to which Ellis replied, "yes sir."

Upon questioning, Ellis denied cursing the night of the incident.

Swingle asked Ellis if exhibit four, a photo of her looking back at Fisher exiting the store, was her "saying thank you to the officer for walking me to the car," to which Ellis replied, "no sir."

He noted that Ellis described the spots of blood as her own and asked what injuries she suffered.

Ellis said that her hands were bleeding and her wrists had abrasions.

Upon questioning, Ellis explained that she received medical attention following her release from the jail.

She noted that she did not know the doctor, to which Swingle replied, "it was Benjamin Mozie."

When describing the doctor, Ellis said that he was short and that she though he was a "black guy."

Ellis explained that she was obvious she was upset during the incident, but she "maintained her composure and character."

Rosenblum asked if Ellis thought it was normal behavior for a customer to ignore and elbow another customer, to which Ellis replied, "no sir."

She admitted that at time she was "rude," and her voice was "loud."

Rosenblum replayed the video and asked Ellis to identify her hand placing the money on the scale, which she did. He then asked her to what the cashier was doing at this time, to which Ellis replied, "she had her head turned."

Ellis explained that after the altercation she heard Fisher say, "she hit you in the mouth didn't she," and Stewart reply, "yeah she did," which was followed by the officers laughing.

The defense second witness in the trial was Ellis' cousin, David Taylor.

Taylor noted that he went with Ellis to Walmart the evening of the incident.

He added that the two first went to pickup a luncheable and then to the "perm section."

"I started in aisle 13 and she went to aisle 14," Taylor said. "We were going to see which would move faster."

Rosenblum asked if the two were in line together at any point, to which Taylor replied, "when I called her over to check out."

Upon questioning, Taylor noted that he stayed in line.

Taylor said that he was 5'5" three years ago and that he was not difficult to see.

When it came his turn, Taylor said he turned and "told Heather to come on."

He added that at this time a "black haired lady cut in front of him."

Taylor explained that Heather said, "excuse me, we were right there."

He noted that "the woman rolled her eyes."

"I just stood there the whole time," Taylor said.

He added that he could not tell what Ellis and the other customer were saying.

"Heather started putting our stuff in front of the woman's," Taylor said.

He noted that "the woman" then pushed her and Ellis said, "get your hands off of me."

Taylor explained that cashier then called security.

He added that Ellis had moved "the woman's" merchandise twice.

Taylor noted that he then called his mom, who told him to "stay quiet" and that she was on her way.

"I stayed on the phone the whole time behind Heather," Taylor said.

He explained that Ellis told the cashier that she was a college graduate and didn't have time to argue.

The cashier responded that she was a college graduate too, according to Taylor.

Upon questioning, Taylor described Ellis voice as "too loud," and "extremely loud."

The security guard and management then arrived, Taylor noted.

He added that he remained on the phone with his mother, while the security guard called for backup.

When watching the video, Taylor identified himself and merchandise on the conveyor belt.

Taylor noted that when the officers arrived they were talking to Ellis, but she was not responding.

He explained that the manager allowed the two to "check out," and said, "so they can get out of my store."

Taylor said that he never heard Ellis use curse words and that he remained on the phone with his mother as they left the store.

He added that he felt physical contact on his shoulder making him walk faster.

The officer then said "get off of that phone, who are you on the phone with," according to Taylor.

He noted that he informed the officer it was his mother and did not end the phone call.

Taylor also explained that he heard officers calling Heather names such as, "black b," and "dumb (expletive)."

He added that by the time they exited the store his mother had arrived.

Ellis asked the officer, "I am a college student and there are criminals out here, so why are you bothering me," according to Taylor.

Upon questioning, Taylor noted that he had never been given the opportunity to give a statement.

Taylor then explained that he began "screaming" when the officer "jumped" on Ellis.

"She was grabbed up," Taylor said. "Other officers then ran over and jumped in."

He added that he watched the altercation until his mother made him get into her vehicle.

Taylor noted that he saw Ellis being placed in the police car from inside his mother's vehicle.

"An officer told the family to get their (expletive) back in the car," Taylor said.

Swingle asked Taylor where the "shove" happened, to which he replied, "inside the building walking to the door."

Swingle asked if Taylor was on his cell phone at this time. Taylor replied, "yes sir."

While watching the surveillance video, Taylor identified Ellis, himself, and one of the officers.

Swingle asked Taylor to watch his hands and then asked if he agreed his hands were down and he was not on the phone.

Taylor said, "yes sir."

Swingle showed Taylor three different camera angles and asked if any showed him being shoved, to which he replied, "no sir."

He asked if Taylor recalled describing Ellis as "gently" handling the merchandise during a meeting with Sokoloff.

The defense then called Lilly Blackmon to give her testimony.

Blackmon noted that she received a call from Taylor, on the evening of the incident, informing her to "get to Walmart."

Blackmon said, "He said people were harassing Heather and that they were tripping."

She noted that Taylor informed her that the associates wouldn't "check" the two's merchandise and that the police were called.

"I told Heather not to say anything and told my brother I had to get to Walmart," Blackmon said.

Taylor remained on the phone and informed Blackmon that they were being "checked out," according to Blackmon.

She noted that Taylor then told her that the police were escorting them out of the store.

"I heard a male voice using slurs and profanity and asked David who it was," Blackmon said. "He whispered that it was an officer."

She added that she heard another voice say "are you with her," and then heard Taylor say, "mom, he pushed me."

Blackmon explained that she arrived to witness three officers dragging Ellis back toward the car.

"She was yelling 'help' and had one officer on each arm," Blackmon said. "They pulled her out of her shoes. She was screaming for help."

She then noted that the officers asked if she was resisting and Ellis said, "I'm not resisting."

Blackmon added that she asked Moody why he had her son, to which he replied, "I didn't want him to get in the way."

"One officer said, 'you bring your (expletive) up here and you'll get some too,'" Blackmon said.

Blackmon noted her response as, "so ya'll beat up all black females that aren't my daughter."

Swingle asked if Blackmon was mistaken when she said that Ellis was taken to side of the car, to which she replied no.

He asked if the video showed Ellis at the side of the car, and Blackmon responded, "not this video."

Upon questioning, Blackmon said that she was upset having seen the incident happen to her niece and that she just remember Ellis at the side of the car at some point.

The prosecution called a rebuttal witness, Dr. Benjamin Mozie, to testify.

Mozie identified himself as the doctor who treated Ellis on January 7, 2007.

Upon questioning, Mozie noted that there were no cuts on the wrists or blood on the defendant.

Swingle asked what Ellis complained of, to which Mozie replied, "pain in her right wrist, bruises on right wrist, headache, and neck pain from being choked.

Upon questioning, Mozie said that he saw no swelling or bruising on the neck of the defendant.

He added that the only symptoms Ellis had was bruises on her wrists.

Swingle asked if swelling on the face or wrists was found, to which Mozie replied, "no."

In the first of his closing statements, Swingle noted that the jury had all seen "lady justice."

He added that "lady justice" wears a blindfold, because justice is to be decided without considering outside pressures such as wealth or race.

Swingle described the defendant as "belligerent and out of control."

He added that Ellis threatened Kinder and belittled McDaniel.

Swingle explained that the defendant refused to leave the store and continued to refuse when officers arrived.

He noted that she also threatened an officer in the parking lot of the business.

"The evidence is clear that she was violent and profane," Swingle said.

He added that Ellis committed at least four crimes on the night of the incident.

The first was the peace disturbance, according to Swingle.

He explained that this was evident by McDaniel being clearly upset and even crying when remembering the words used towards her.

Swingle said that the second charge was resisting arrest.

He noted that the defendant had no right to resist and that a person cannot resist because they think they are innocent of a crime.

"Law enforcement does not need to fight everybody," Swingle said. "The duty of a person is to fight charges in court and not on the street."

He noted that Ellis was "clearly resisting arrest and using force" and that she "clearly use violence."

The next charges involved the assaults of officers, according to Swingle.

He explained that this was defined as physical injury to an officer.

Swingle added that the defendant "knowingly kicked Fisher," and "knowingly hit Stewart in the mouth."

"The single most important evidence is the video tape," Swingle said. "This is a silent witness."

He noted that particularly the part of the video showing what happened over the register in aisle 13.

Swingle said that the footage shows "bizarre conduct" and was "an assault waiting to happen."

He explained that the defendant grabbed another person's merchandise four times and that the Kinder elbowing occurred as Kinder attempted to protect her merchandise.

"She showed anger that night waving the Sunny D bottle like a club, while talking to the customer and Walmart employee," Swingle said.

Swingle, once again, showed the jury the footage of the "swiping" of the merchandise and "waving" of the Sunny D.

He noted that if the video had audio then the trial would not have taken place, because could have heard the "vulgar language she was undoubtedly using."

In exhibit four, Ellis is shown "waiving her finger" and "not asking her cousin to come along," according to Swinger.

He added that Taylor was not on the cell phone after leaving the register and that he was never pushed.

"It's a shame that the initial encounter is off camera, because you would see not a person submitting, but her resisting," Swingle said.

When the officers try to get the handcuffs on, you can see "her legs moving and kicking," according to Swingle.

He explained that Ellis claimed her "wrists were bleeding," and "head slammed against the car."

Swingle added that Mozie's testimony "abruptly said she was lying."

He noted that Brandon and Ashley Elliott had "no dog in the fight," with "no reason to back one side or the other."

"They saw it and it upset them and they even asked if statements were needed," Swingle said. "She dug a deeper and deeper hole and looks like a fool now because she made such a big deal out of it."

Swingle added that she should also be charged with attempting to steal, by attempting to steal the reputation of the officers, City of Kennett, and Dunklin County, with lies.

He noted that a person needs to take responsibility for their choices and Ellis made a choice.

She made a choice to grab another customer's merchandise, saying to Kinder "I'm going to kick your (expletive), using curses in Walmart, refused to leave the store, and still mouthing outside the store with insults.

"Everything that happened did because of her actions and choices and not its time to face the consequences," Swingle said.

Rosenblum began his closing argument by noting that the prosecution was going on about "what is and isn't."

"They were invisible to Walmart employee and Kinder," Rosenblum said. "When they tried to explain they were given no voice."

He added that when there are no facts and laws then allegations are made.

Rosenblum asked the jury to see the case for what it is, "a big overreaction."

He noted that this started with people jumping to conclusions.

"Heather, eloquently on the stand, told what happened," Rosenblum said.

He noted that the jury saw the officer as a "big man," and he put his "big hand," and spun her around.

"She was a rag doll," Rosenblum said.

He noted that the ripped coat was the one piece of evidence that was "undisputed."

Rosenblum added that the Kennett Walmart probably has good and solid people, but that night "they blew it."

He explained that this began when Kinder looked right through Ellis and Taylor.

In Kinder's statement, she noted she was the one who elbowed first and that Taylor was in front of her in the line, Rosenblum said.

He noted that Walls stated that she didn't see him in the line.

"Be bigger and walk away was an option, but what she did was not a crime," Rosenblum said.

He told the jury to look at the police reports and added that the town should expect thorough law enforcement.

"They should have power to arrest, but not power to abuse," Rosenblum said.

He noted that the officers did not take a minute to get the surveillance and didn't' take statements that were protocol.

Rosenblum added that the officers didn't even report what was heard.

He explained that Caldwell, Campbell, and Moody hurt their own reputation when they got on the stand and "refuted" Fisher's statements, "Going to kick your (expletive)."

Rosenblum noted that management gave no relief to Ellis and asked the purpose of four burly officers on the scene.

He reminded the jury that they talked about the principals of law and each swore oath to measure evidence.

"If you have any singe doubt then you give the benefit of the doubt to Heather," Rosenblum said. "It's your duty and job."

He reminded the jury that he had said in the case something wasn't right.

"It became abundantly clear that was the Kennett Police Department," Rosenblum said.

He noted that the department took no effort to secure the video surveillance.

Rosenblum added that the officer admitted that this was basic police work and reasonable.

"This is not just negligence, but a disaster," Rosenblum said.

He explained that the main evidence was created by someone bias with no investigational training.

Rosenblum added that every bit of the parking lot was able to be surveillanced.

"In 26 years, I have never been involved in a case where the prosecuting attorney coached witnesses like this," Rosenblum said.

He noted that the officer event noted that having a group of witnesses in a room taints the testimonies.

Rosenblum said that McDaniel adopted pieces of other people's testimonies and teared up when realized on video that she was mistaken.

He added that Ellis said she was trying to get to what was really said.

The defense said that Flood noted that she did not hear screaming or yelling, and that McDaniel testified she did not feel disturbed or frightened.

He explained that Kinder noted there was a loud discussion, but both individual were trying to be heard.

Also Kinder said nobody ever asked for her statement, according to Rosenblum.

He noted that Walls made an assumption and at no time did somebody try to sort it out.

The defense described the phrase, "I'm not leaving until I get my (expletive) money," as a "product of coaching.

He added that the video timing shows this statement was "made up."

Rosenblum asked the jury to test the defense's credibility, because they testified "genuinely, to the best of their recollection."

He explained that Ellis and Taylor never sat down together and still told the same thing in their testimonies.

Rosenblum noted that the video shows Ellis walking to her car and asked what could have changed for her to be "grabbed up."

He added that Ellis explained the "Donald Duck" remark and the officers "all got it wrong."

He asked why Fisher didn't stop and just watch Ellis get in her car and go home to her family.

Rosenblum noted that Ellis had no idea she was being arrested, so she couldn't resist.

Fisher made the arrest as a part-time Walmart employee and then had meetings with Sokoloff, according to Rosenblum.

"How many times did they go over the video and statements," Rosenblum asked.

He added that Fisher wrote the police report and the threat was not listed.

The defense noted that he saw "uncomfort" when Campbell was on the stand.

He then asked if the jury really thought that Taylor would have the capability to be deceitful on the stand.

"Are we going to call her a felon?" Rosenblum asked.

He noted that Ellis and the family had been living with these accusations for three years.

Rosenblum added that Ashley Elliott was a "nice girl," but "had an agenda."

"She saw less and less and could very easily be exposed," Rosenblum said.

Swingle followed Rosenblum with his final argument.

He noted that he had been a prosecutor for a long time and that, if the statements were already given, it was not a bad idea to gather everyone.

"Sokoloff has no knowledge of what occurred and he asks them questions," Swingle said.

The prosecution added that the most criticism from the defense makes him think that it is on the crime of "butting in line."

"This is about peace disturbance, not to investigate who cut in line," Swingle said.

He noted that the defense criticizes the police department for not getting the surveillance video.

"Could you imagine if Fisher would have got the video and the criticism for the Kennett Police Department picking the angles," Swingle asked.

He added that the Walmart guy knows what he is doing and that the "dead zones," do exist.

Swingle asked if the jury noticed anything unique about the defense's witnesses, because they were all Ellis family members.

He explained that it is a crime to tell an officer that you will assault him.

Swingle added that Ellis also threatened Kinder.

"She was just an assault waiting to happen," Swingle said.

He noted that the officers would have responded the same way to any color of person and that the witnesses were the once injecting race into the trial.

He told the jury to be "proud to live in Dunklin County" and that "the criminal justice system works."

"My concern in this case is that you will think it is part of the job being assaulted and threatened," Swingle said. "This is not part of the job. Don't take the protection away from the Dunklin County officers because of Ellis' lies."