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Preliminary Hearing Before Judge Benjamin Lewis

Rickey Stokes

Viewed: 4643

Posted by: RStokes
Date: Aug 16 2015 5:48 PM


HOUSTON COUNTY:    Houston County District Court Judge Benjamin Lewis held preliminary hearings this past Friday.


PRELIMIARY HEARING DESCRIPTION


A preliminary hearing is a probable cause hearing. That means, probably a crime was committed and probably the defendant did it. This hearing is required on felonies but often times waived. In preliminary hearings, hearsay is permissible. The threshold of proof is minimum.


If the Judge finds probable cause for the arrest the case is moved to the next level which is Grand Jury. If probable cause is not found, the District Court Judge can dismiss the case. However the dismissal does not prevent the District Attorney from moving the case to Grand Jury and a indictment from being returned.


FRIDAY’S PRELIMINARY HEARINGS


Sage Stephen Pierson


Offense:   Aggravated Child Abuse


Pierson is charged in a case investigated by Dothan Police Investigator Jerry Moore. The charges arise from a broken femer on Pierson’s infant son.


Moore was called to the Emergency Department of Flowers Hospital by Dothan Police Patrol Division and Alabama Department of  Human Resources ( DHR ) after the infant child was presented to the emergency room by the parents. The child was 5 months old at the time. The date was June 5, 2015.


Investigator Moore talked with the Emergency Room Physician and the parents when he arrived at the hospital.  When the physician had x-rays made of the child, it revealed other injuries of broken bones that were in the healing stages.  Investigator Moore testified the x-rays, according to the doctor, revealed both wrists had been fractured in the two weeks prior to June 5, and toes on both feet in the past month had been fractured. Investigator Moore testified the femer on the other leg had a previous fracture.


Investigator Moore spoke with the parents at the hospital. Moore testified the stories of the parents differed slightly. Moore spoke later with the father ( defendant ) at the police department later.


The story communicated was the father had the child when the injury occurred. The father had placed the child on the bed and he turned around. The father said the child kicked off the bed and he heard a pop and the child cried. The father called the mother into the room. The child showed discomfort but  stopped crying after a few minutes and the parents thought all was ok. The child sleeps in a sling type bed, which I assumed is like a rocker type bed.


That incident was June 4. No medical attention was given because the child mellowed out.


When Investigator Moore interviewed the father at the police department later that evening, Moore testified the version given was similar to the one at the hospital. The father made it clear the child was in his possession when he heard the “pop”. The father said any injury the child might have was his fault. The father said his wife was in a different room in the house.  After the pop the father explained to his wife what had happen, the baby calmed down and they thought all was fine.


Moore conducted a search warrant on the telephones. A text message from the wife to the husband where she text the baby was still crying and “ what the hell did you do? ‘.  Moore said the text message sounded like she was not present in the house when the child was injured.


Moore said DHR has custody of the child at this time.  Moore testified that DHR had several tests done on the parents.  The parents have supervised visits only. Investigator Moore testified that he was told by DHR the child is fine with the mother but has a different reaction when held by the father. Investigator Moore said the tests conducted by DHR reflect the father has possibly suffered abuse in the past.


The child did not require surgery but did require the femer being set. According to Investigator Moore the Emergency Room physician slammed his fist down in an example that it took force to break the femer. That infants are very flexible and the bones do not break easily. However they are conducting bone density tests on the child.


The parents are barely in their 20’s.


Judge Lewis found probably cause and bound the case over to a Houston County Grand Jury.


JUSTIN SNELL


Charge:  Attempted Murder, 2 counts, Bond $ 250,000.00 each.


Before judge Lewis was a bond hearing about reducing the bond.


This is a case investigated by Dothan Police Department. The allegations are Snell shot at a car. No one was injured because the bullets bounced off the glass of the car.  There is evidence the bullet penetrated the door jam.


The defendant is a resident of Dothan, lives with his mom, and it was represented to Judge Lewis by the defendant that he was not a flight risk.


Dothan Police Investigator testified that there were four witnesses and three of the four positively identified Snell as the one who fired the gun.  The prosecutor represented to the court the defendant had been on bond in another case and failed to meet the conditions of the Court Referral Officer.  The prosecutor represented Snell was a danger to himself and the community and had an extreme indifference to human life.


The Dothan Police Investigator testified there were 9 shell casings found and two hit the vehicle. Testimony was given that Snell had bragged about the shooting of the vehicle. The incident occurred at Johnson Homes.


When Snell was apprehended there was no firearm found. Snell denied any involvement in his statement to Dothan Police.


The Dothan Police Investigator testified that they have had problems with gangs and groups. While he can not testify that Snell specifically has been involved in the shootings, Dothan Police has been plagued with the shootings back and forth with different groups.


The prosecutor opposed a bond a bond reduction. The case was taken under advisement and no ruling given.


DEMETRIUS PEREZ WATERS


Charge:   Burglary


Dothan Police Investigator Tyrone Truitt was the investigating officer in this case. The matter before Judge Lewis was a preliminary hearing – probable cause hearing.


Waters was in Dothan City Jail when his house was burglarized. A suspect name was given by Waters as to who he thought broke into his house while he as in Dothan City Jail.


Investigator Truitt testified that a TV, entertainment center and a game were taken. Truitt testified that he interviewed the suspect to the burglary of Waters residence. That interview was on June 18, 2015.


When interviewed the suspect then claimed that Waters broke into her home on March 3, 2015. The suspect ( now claimed victim ) and her boyfriend claimed that Waters told them he broke into the residence and asked them not to prosecute him.  The allegations were Waters took some clothing, shoes and a hat.


Judge Lewis had serious questions why the victim did not report a March burglary until June, and then only after she was questioned about another burglary.


Waters had a probation violation because he was arrested on the burglary offense which has caused him to sit in the Houston County Jail since his June 2015 arrest.


Judge Lewis found no probable cause in the burglary case and dismissed the case. However Waters remains in the Houston County Jail until which time he appears before Judge Conaway on the probation violation.


EXPLANATION:   Water was on probation for an offense which occurred in 2009. The 2015 burglary arrest caused his probation to be violated and he is being held on a no bond. Now that the burglary is dismissed, he has to sit in jail until Judge Conaway, his Judge on the 2009 case, can see him and decide on Waters probation.


 


 




Preliminary Hearing Before Judge Benjamin Lewis

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