Wakefield File

1
1 IN THE CIRCUIT COURT OF MADISON COUNTY

STATE OF MISSISSIPPI
2
3 DWAN DIONDRO WAKEFIELD, JR. PLAINTIFF
4 VERSUS CIVIL ACTION NO. 2017-0161
5 MADISON CO. SHERIFF RANDY TUCKER DEFENDANT
9
************************************************
10
IN THE MATTER OF A PETITION FOR WRIT OF HABEAS
11 CORPUS, BEFORE THE HONORABLE WILLIAM E. CHAPMAN,
III, TWENTIETH CIRCUIT COURT DISTRICT JUDGE,
12 MADISON COUNTY COURTHOUSE,
CANTON, MISSISSIPPI,
13 MONDAY, JULY 31, 2017
14 ************************************************
15
A P P E A R A N C E S:
16
ATTORNEY FOR THE PLAINTIFF:
17
THOMAS M. FORTNER, ESQUIRE
18 LOWREY & FORTNER, P.A.
525 Corinne Street
19 Hattiesburg, Mississippi 39401
20
ATTORNEY FOR THE DEFENDANT:
21
BRYAN P. BUCKLEY, ESQUIRE
22 ASSISTANT DISTRICT ATTORNEY
TWENTIETH CIRCUIT COURT DISTRICT OF MS
23 Post Office Box 121
Canton, Mississippi 39046
24
25
26
27
REPORTED BY:
28
CANDICE S. CRANE, CCR #1781
29 OFFICIAL COURT REPORTER
20TH CIRCUIT COURT DISTRICT OF MISSISSIPPI

2
1 I N D E X
2 Style and Appearances....................... 1
3 Index....................................... 2
4 WITNESS: DWAN WAKEFIELD, SR.
5 Direct by Mr. Fortner................... 4
6 Cross by Mr. Buckley.................... 8
7 Examination by the Court................ 9
8 WITNESS: HONEY ATES
10 Cross by Mr. Buckley.................... 16
12 WITNESS: MARCHENE HATCHETT
15 ORAL ARGUMENTS:
16 By Mr. Fortner.......................... 26
17 By Mr. Buckley.......................... 33
18 By Mr. Fortner.......................... 40
19 The Court's Ruling.......................... 46
20 Certificate of Court Reporter............... 55
21
22
23
24
25
26
27
28
29

3
1 IN OPEN COURT, JULY 31, 2017
3 THE COURT: All right. We're here on
4 2017-0161, Dwan Diondro Wakefield versus
5 Randy Tucker, Madison County Sheriff, on a
6 Petition for Writ of Habeas Corpus.
7 How do y'all want to proceed, Counsel?
8 MR. BUCKLEY: Your Honor, Mr. Fortner
9 filed this motion last week and we met on
10 it. And what we have agreed upon, first
11 off, on June 26th, 2017, last month, there
12 was a preliminary hearing in Justice Court
13 on all three defendants in this case, that
14 would be Byron McBride, DeAllen Washington,
15 and Dwan Wakefield. And a transcript was
16 had in that preliminary hearing.
17 Mr. Fortner has attached a copy of that
18 transcript to his Petition for Habeas
19 Corpus, and what we have agreed to do since
20 this case is still under investigation and
21 there's been no new details that we're
22 aware of is, we would like to incorporate
23 the testimony of that officer conducted at
24 the preliminary hearing as substantive
25 evidence in this habeas hearing, and then
26 proceed along those grounds that
27 Mr. Fortner is going to have several other
28 witnesses relating to the Lee V. Lawson
29 factors that don't have anything to do with

4
1 guilt.
2 MR. FORTNER: That's correct, Your
3 Honor.
4 THE COURT: All right. And, for the
5 record, I have reviewed the petition,
6 including the transcript, so I'll hear from
7 Mr. Fortner.
8 MR. FORTNER: Thank you, Your Honor.
9 And just to get straight to the
10 matter, we would call Dwan Wakefield, Sr.,
11 first, Your Honor.
12 DWAN WAKEFIELD, SR.,
13 having been first duly sworn, was
14 examined and testified, as follows...
15 DIRECT EXAMINATION
16 BY MR. FORTNER:
17 Q. Would you state your name, please?
18 A. Dwan Wakefield, Sr.
19 Q. And, Mr. Wakefield, where do you live?
20 A. 4726 South McRaven Road, Jackson,
21 Mississippi.
22 Q. And how long have you lived in
23 Jackson, Mississippi?
24 A. About 25 years.
25 Q. How long have you lived in Hinds
26 County?
27 A. Twenty-five years.
28 Q. Do you have other family that live in
29 Hinds or Madison County?

5
1 A. I do in Hinds.
2 Q. Just give us an example.
3 A. Aunties, uncles, brothers, sisters.
4 THE COURT: I'm having a hard time
5 hearing you. Can you --
6 BY MR. FORTNER:
7 Q. Just speak slowly.
8 A. Oh, okay.
9 Q. Okay. Does most of your family live
10 in Hinds County?
11 A. They do.
12 Q. All right. And do you know the
13 Defendant in this case sitting at counsel table?
14 A. I do.
15 Q. And who is that?
16 A. My son.
17 Q. And what is his name?
18 A. Dwan Wakefield, Jr.
19 Q. And is he the Dwan Wakefield, Jr.,
20 that has been charged in this particular case
21 which you're aware of?
22 A. He is.
23 Q. All right. How old is he,
24 Mr. Wakefield?
25 A. Seventeen.
26 Q. And where does he go to school?
27 A. Ridgeland High.
28 Q. And what grade would he be going into
29 this fall?

6
1 A. Twelfth grade.
2 Q. So he has completed 11 years in
3 school?
4 A. He has.
5 Q. And has he ever dropped out of school?
6 A. No, sir.
7 Q. Has he ever been in any serious
8 trouble in school?
9 A. No, sir.
10 Q. To your knowledge, does your -- has
11 your son ever been arrested and charged as an
12 adult with any kind of crime?
13 A. He hasn't.
14 Q. Has he ever been charged with any
15 felony crime?
16 A. No, he hasn't.
17 Q. What do you do for a living,
18 Mr. Wakefield?
19 A. I'm a bail bondsman.
20 Q. Are you in the business of making sure
21 that people come to court when they're supposed
22 to come to court?
23 A. I am.
24 Q. Are you in the business of finding
25 people who fail to come to court --
26 A. I do.
27 Q. -- on time?
28 A. I do.
29 Q. Are you satisfied that your son, if he

7
1 were released on bond, would -- can you assure
2 the Court that he would appear in court --
3 A. I do.
4 Q. -- when the Court orders him?
5 A. I do.
6 Q. Do you have any doubt about your
7 ability to get your son to court when the Court
8 orders him to be in court?
9 A. No, I don't.
10 Q. Do you have any doubt about your son's
11 willingness to appear in court when he's
12 supposed to appear in court?
13 A. No. I'll make sure he's there.
14 Q. Have you discussed that with him --
15 A. I have.
16 Q. -- since he's been in jail?
17 A. I have.
18 Q. Has he now been in jail since his
19 arrest on May 18th, 2017?
20 A. He has, sir.
21 Q. Were you present at the time of his
22 arrest?
23 A. Not at the time, but I was at the
24 Justice Court.
25 Q. Okay. You attended Justice Court at
26 the preliminary hearing that was held June 26th,
27 2017?
28 A. I did.
29 Q. Okay. So you're aware of at least

8
1 what the -- generally, what the evidence is at
2 this point?
3 A. Yes, sir.
4 Q. All right. Do you have any concerns
5 that your son would fail to appear in court --
6 A. No.
7 Q. -- as ordered by the Court?
8 A. No, I don't.
9 MR. FORTNER: Judge, we'll tender the
10 witness. Thank you.
11 THE COURT: All right. Mr. Buckley?
12 CROSS-EXAMINATION
13 BY MR. BUCKLEY:
14 Q. Mr. Wakefield, I'm sorry if you've
15 said this, and I didn't catch it.
16 Where do you live?
17 A. 4726 South McRaven Road, Jackson,
18 Mississippi 39204.
19 Q. Okay. And, obviously, your son
20 attended Ridgeland High School, correct?
21 A. Yes, sir.
22 Q. So he wasn't living with you?
23 A. No.
24 Q. Where was he living at the time?
25 A. With his Godmom.
26 Q. And where is that?
27 A. On Wheatley Street in Ridgeland.
28 Q. Okay. What's her name?
29 A. Honey Ates.

9
1 Q. I'm sorry?
2 A. Honey Ates.
3 Q. Ates? Okay. Thank you, sir.
4 And this occurred on a Wednesday
5 night, Thursday early morning, didn't it?
6 A. Yes.
7 Q. Okay. And you've said you're a
8 bondsman; is that correct?
9 A. I am.
10 Q. Were you a bondsman on DeAllen
11 Washington or Mr. McBride?
12 A. No, I wasn't.
13 Q. Your company didn't have DeAllen
14 Washington on an armed robbery charge as well?
15 A. I don't know about my company. It's a
16 lot of agents, but I wasn't.
17 Q. Okay. It wasn't you?
18 A. No.
19 Q. Okay. Thank you, Mr. Wakefield.
20 A. Okay.
21 MR. BUCKLEY: No further questions,
22 Your Honor.
23 MR. FORTNER: No redirect, Your Honor.
24 THE COURT: I've got a question or
25 two.
26 EXAMINATION
27 BY THE COURT:
28 Q. You said your son lives in Ridgeland?
29 A. Yeah.

10
1 Q. And who --
2 A. Excuse me?
3 Q. He lives in Ridgeland?
4 A. He was living in Ridgeland to go to
5 Ridgeland High.
6 Q. All right. And who was he living
7 with?
8 A. Honey Ates.
9 Q. Say that again.
10 A. Honey Ates.
11 Q. Can you spell that last name?
12 A. A-t-e-s.
13 Q. Okay. And who is she?
14 A. His Godmother.
15 Q. Why is he living with Ms. Ates as
16 opposed to you?
17 A. We was trying to put him in a better
18 school system.
19 Q. Okay. Is his mother present --
20 A. She is.
21 Q. -- in his life?
22 A. She is.
23 Q. Where does she live?
24 A. In Jackson.
25 Q. She lives in Jackson?
26 A. Yes, sir.
27 THE COURT: Okay. All right. Any
28 follow-up, Mr. Fortner?
29 MR. FORTNER: No, Your Honor.

11
1 THE COURT: Mr. Buckley?
2 MR. BUCKLEY: No, Your Honor.
3 THE COURT: All right. Thank you,
4 sir. You may stand down.
5 MR. FORTNER: Your Honor, we would
6 call Honey Ates.
7 HONEY ATES,
11 BY MR. FORTNER:
12 Q. All right. Could you tell us your
13 name, please?
14 A. Honey Ates.
15 Q. All right. Ms. Ates, do you know Dwan
16 Wakefield, Jr.?
17 A. Yes, sir.
18 Q. Can you point him out to us?
19 A. Right there.
20 Q. Is he the young man sitting in red at
21 the counsel table?
22 A. Yes, sir.
23 Q. Ms. Ates, how do you know Dwan
24 Wakefield, Jr.?
25 A. I've known Dwan since he was about
26 eight years old. Him and my son were best
27 friends, and I had since become his Godmother.
28 Q. And this -- has Dwan Wakefield, Jr.,
29 been living with you?

12
1 A. Yes, sir.
2 Q. All right. And your family?
3 A. Yes, sir. His name is on my lease.
4 Q. Okay. And -- and where do you live?
5 A. 143 Wheatley Place, Ridgeland,
6 Mississippi 39157.
7 Q. How long have you lived in Ridgeland?
8 A. In Ridgeland for six years.
9 Q. And how long has Dwan, Jr., lived with
10 you?
11 A. For that time.
12 Q. And why does Dwan, Jr., live with you
13 in Ridgeland rather than with either his natural
14 mother or natural father in Jackson?
15 A. We wanted Dwan in a better school
16 system.
17 Q. And has Dwan been in the Ridgeland
18 School System since he began living with you?
19 A. Yes, sir.
20 Q. And is it fair to say that that would
21 be for the past six years?
22 A. Yes, sir, give or -- five or six. I
23 believe it's six, yes, sir.
24 Q. Where was he in school last year?
25 A. Ridgeland High.
26 Q. And what grade did he complete?
27 What's the last grade he's completed at
28 Ridgeland High School?
29 A. Eleventh.

13
1 Q. And was -- did he complete that in May
2 of 2017?
3 A. Yes, sir.
4 Q. And is he currently scheduled, all
5 other things considered, to begin attending
6 Ridgeland High School in August of 2017?
7 A. Yes, sir.
8 Q. All right. Have you had any problems
9 with Dwan, Jr., in the past six years that he's
10 been living with you?
11 A. Never.
12 Q. Have you ever known him to be arrested
13 and charged with a felony since he's been living
14 with you --
15 A. No, sir.
16 Q. -- or anything?
17 A. No, sir.
18 Q. Has he been a disciplinary problem for
19 you?
20 A. Never.
21 Q. Do you have any doubt that Dwan, Jr.,
22 would appear in court as ordered by the Court if
23 he is released on bond?
24 A. No, sir.
25 Q. Have you had occasion to visit him
26 since he's been in the jail?
27 A. Yes, sir.
28 Q. Has he indicated -- made any
29 indication to you whatsoever that he would run

14
1 away or take off if he were out on bond?
2 A. No, sir.
3 Q. Can you explain to the Court, as best
4 you can, how Dwan came to be arrested in this
5 case?
6 Like, did he communicate with you
7 prior to his being arrested?
8 A. Yes, sir. He called me and very, very
9 terrified on the phone telling me that he needed
10 to turn himself in. He didn't know what to do,
11 and he was scared. And he wanted me to come and
12 get him and take him to the police. I rode with
13 the police. I was already there with the
14 police. I rode with them.
15 Q. How did you come to be with the
16 police?
17 A. We -- we were already at his mom's
18 house, because they were looking for them. I --
19 I let the police know that that was my car that
20 was on TV.
21 Q. How -- let's go to -- let me just take
22 you to that point. Okay?
23 A. Okay.
24 Q. Did you see your car -- your car was
25 involved in this case; is that correct?
26 A. Yes, sir.
27 Q. Did you see your car pictured on
28 television as being involved in this case?
29 A. Yes, sir.

15
1 Q. Did you contact the police yourself?
2 A. Yes, sir.
3 Q. And let them know that it was your
4 car?
5 A. Yes, sir.
6 Q. All right. Let's take it from there.
7 You talked to Dwan on the phone,
8 correct?
9 A. Yes, sir. And he was just telling me
10 that he was scared, but he wanted to turn
11 himself in. He was not running. And me and the
12 police rode together, and he told us where he
13 was. He sent me his location on the phone.
14 Q. And where was he?
15 A. He was by the McDonald's in Jackson
16 off of Woodrow Wilson. They call that area
17 Georgetown.
18 Q. And did you take the police there?
19 A. Yes, sir, and Dwan --
20 Q. And was he there?
21 A. Yes, sir.
22 Q. And did he turn himself over to the
23 police?
24 A. He did, without any problem.
25 Q. To your knowledge, did he try to run
26 or escape from prosecution or being arrested in
27 this case?
28 A. Not at all. The police knew I was on
29 the phone with him.

16
1 Q. Okay. And you were cooperating with
2 the police at all times; --
3 A. Yes, sir.
4 Q. -- am I correct?
5 A. Uh-huh (affirmative).
6 MR. FORTNER: We'll tender the
7 witness, Your Honor.
8 THE COURT: All right.
9 CROSS-EXAMINATION
10 BY MR. BUCKLEY:
11 Q. All right. Ms. Ates, how long have
12 you lived at your current address?
13 A. Two years and two months.
14 Q. Okay. Do you -- you have a son?
15 A. I do.
16 Q. What's his name?
17 A. I have two sons, Isaiah and Quincy
18 Ates.
19 Q. All right. Isaiah, is it Isaiah
20 White?
21 A. Isaiah White, yes, sir. I'm sorry.
22 Q. Okay. And Isaiah White is your son?
23 A. Yes, sir.
24 Q. And him and Dwan, Jr., are friends?
26 Q. All right. And where is Isaiah now?
27 A. Isaiah is incarcerated.
28 Q. All right. What for?
29 A. Possession of a stolen firearm. I

17
1 can't remember the other charge.
2 Q. Was he living with you at the time he
3 picked up these charges?
4 A. He was.
5 Q. And was Dwan living with you at the
6 time Isaiah was charged?
7 A. Yes, sir. But it was during the
8 summer, so Dwan was not there as much.
9 Q. Now, Dwan was on the Ridgeland
10 Football Team, wasn't he?
11 A. Yes, sir.
12 Q. Was he asked to leave the team prior
13 to this?
14 A. Not that I know of. I -- there was
15 something going on where he wasn't getting as
16 much play time, and he was thinking about
17 leaving the team. I don't know exactly what
18 happened with that.
19 Q. Okay. So you have no knowledge as to
20 whether or not he was kicked off the team for
21 any disciplinary problems?
22 A. To my knowledge, he was not kicked off
23 the team.
24 Q. Okay. So you have no blood relation
25 to Dwan, Jr., correct?
26 A. No, sir.
27 Q. But he was living in your house at the
28 time this happened, and he was arrested?

18
1 Q. And he was -- has access to your car
2 and was driving your car at the time?
4 Q. And it was approximately 1:00 in the
5 morning --
6 A. Yes, sir.
7 Q. -- on a school night?
8 A. No. School was out.
9 Q. All right. Was it --
10 A. And he was on his way to -- from what
11 I know, he was on his way to his mom's.
12 Q. But we know that now isn't true, don't
13 we?
14 A. I don't know if it was.
15 Q. I'm sorry?
16 A. What was your question?
17 Q. Well, we have video of him everywhere
18 but his mom's house. We now know that wasn't
19 the case. He wasn't where he said he was.
20 A. I mean, well, eventually after
21 whatever he was doing, yes, sir.
22 Q. Whatever he was doing. But you didn't
23 know what he was doing, did you?
24 A. Well, no, sir, I was at home.
25 Q. Okay. Thank you.
26 MR. BUCKLEY: No questions, Your
27 Honor.
28 MR. FORTNER: I don't have any
29 redirect, Your Honor.

19
1 THE COURT: I've got a couple of
2 questions.
3 EXAMINATION
4 BY THE COURT:
5 Q. You said you've been living at your
6 present address for about two years and
7 two months?
8 A. Yes, sir.
9 Q. Where did you live before that?
10 A. 904B Glastonbury Circle in Ridgeland.
11 Q. All right. And how long did you live
12 there?
13 A. Three years.
14 Q. All right. And before that?
15 A. Ridgeland Ranch Apartments, I believe
16 I was there for two years.
17 Q. That's on County Line?
18 A. Uh-huh.
19 Q. All right.
20 A. I don't remember the exact address.
21 Q. Yeah, I think I know where that is.
22 Are -- are you employed?
23 A. Yes, sir, I work for Comcast.
24 Q. And how long have you worked for
25 Comcast?
26 A. Three years.
27 Q. All right. Where did you work before
28 then?
29 A. Xerox.

20
1 Q. And how long did you work there?
2 A. Two years.
3 Q. All right. And -- and the school year
4 was over with on May 18th?
5 A. Yes, sir.
6 Q. Do you know when it ended?
7 A. I believe that Wednesday was their
8 last day. It was either that Tuesday or
9 Wednesday.
10 Q. May 18th was a Thursday, so --
11 A. Yeah, it was the 16th or the 17th was
12 their last day.
13 Q. All right. And you had -- you say you
14 have two sons?
15 A. I do.
16 Q. And one of them is in the
17 penitentiary?
18 A. Yes, sir.
19 Q. What about the other son?
20 A. He's in the courtroom.
21 THE COURT: Okay. All right. Any
22 follow-up?
23 MR. FORTNER: I do not, Your Honor.
26 ma'am. You may stand down.
27 MS. ATES: Yes, sir.
28 MR. FORTNER: Just very briefly, Your
29 Honor, we'd call Marchene Hatchett.

21
1 MARCHENE HATCHETT,
5 THE WITNESS: Marchene Hatchett.
6 BY MR. FORTNER:
7 Q. Thank you. Where do you live?
8 A. Madison, Mississippi, actually
9 Gluckstadt.
10 Q. Okay. And how long have you lived in
11 Madison County?
12 A. Nine years.
13 Q. Where do you work?
14 A. Madison County Schools, Olde Towne
15 Middle School.
16 Q. And what do you do there?
17 A. I'm the PE teacher and health teacher.
18 Q. Mr. Hatchett, do you know Dwan
19 Wakefield, Jr.?
20 A. Yes, sir, I do.
21 Q. And how did you come to know him?
22 A. Because he attended Olde Towne.
23 Q. Was that a middle school?
24 A. Yes, sir.
25 Q. And what grade did you first
26 contact -- first have contact with him?
27 A. Seventh grade, actually. He came
28 after the football season was over with.
29 Q. Did you eventually coach him in

22
1 football?
2 A. Yes, sir, I did.
3 Q. And how many years were you his coach?
4 A. Actually, one year as his coach.
5 Q. And that would be the eighth grade?
6 A. Yes, sir.
7 Q. Have you continued to have contact
8 with him since that time?
9 A. Yes, sir.
10 Q. Have you had any contact with him in
11 the last year?
12 A. Yes, sir.
13 Q. And what type of contact?
14 A. Just to check up on him, seeing how
15 he's doing in school, or seeing how football is
16 going, things like that.
17 Q. Did you find him a difficult or a
18 difficult person to work with as a coach?
19 A. No, sir. I found him -- I had enough
20 trust in him to bring him around my own family,
21 so...
22 Q. Did he -- as far as you know, did he
23 get in any trouble while he was in school,
24 disciplinary actions, that type of thing?
25 A. No, sir.
26 Q. Did you have any problems with him?
27 A. No, sir.
28 Q. Have you known of any problems with
29 him --

23
1 A. No, sir.
2 Q. -- in the school system?
3 A. No, sir.
4 Q. All right. Do you believe that he
5 would follow the orders of the Court as far as
6 appearing in court and any other conditions the
7 Court might put on him, if the Court deemed it
8 appropriate to set bond?
9 A. Yes, sir, I do.
10 MR. FORTNER: Thank you. We'll tender
11 the witness, Your Honor.
13 MR. BUCKLEY: No questions, Your
14 Honor.
15 EXAMINATION
16 BY THE COURT:
17 Q. I've got a couple, Coach.
18 A. Yes, sir.
19 Q. You coached him when he played
20 football in the eighth grade?
21 A. Yes, sir.
22 Q. And he would have been, my guess,
23 about 13 then?
24 A. Yes, sir.
25 Q. And he's, I guess, 17 now?
26 A. Yes, sir.
27 Q. Have you maintained contact with him
28 in that four-year interim period?
29 A. Yes, sir.

24
1 Q. Do you do that on a regular basis with
2 your players or former players?
3 A. Yes, sir, former players.
4 Q. All right. So he's not the first
5 person you've done that with --
6 A. No, sir.
7 Q. -- or child --
8 A. No, sir.
9 Q. -- young man?
10 A. No, sir. No, sir.
11 Q. All right. And you said you --
12 something about you wouldn't have a problem
13 bringing him around your own family. Did you --
14 has he been with you around your family?
15 A. Yes, sir. Like, we've actually went
16 to a -- he and my kids, we went down -- I
17 attended Southern Miss, and we went down to a
18 spring game and things like that. I invited him
19 to watch football games at my house with my
20 family and stuff like that.
21 Q. All right. Why? Was that an unusual
22 situation for you, or did you take other young
23 players on trips like that?
24 A. Oh, no, sir. No, sir. It was just
25 him, because I know he has a high interest in
26 playing football, and he does like the
27 University of Southern Mississippi. So,
28 obviously, considering I went there, you know...
29 Q. Okay. So I'm not trying to put words

25
1 in your mouth.
2 A. Oh, I understand.
3 Q. But you -- you knew he was interested
4 in football, and you being a Southern Miss
5 alumni --
6 A. Yes, sir.
7 Q. -- might think you might want to help
8 somebody go down to your school at Southern and
9 play football?
10 A. Yes, sir, look at the campus, you
11 know.
12 Q. Okay. All right. So would that be a
13 fair characterization of why you took an
14 interest in him?
15 I don't mean that in any derogatory
16 sense.
17 A. Yes, sir. Yes, sir.
18 Q. You were helping a young man out, and
19 also helping your old school out possibly?
20 A. Yes, sir. But at the same time, I was
21 going to take my kids down there, anyway, so,
22 you know, it's like --
23 Q. Yeah. Again, I think I understand --
24 A. Yes, sir.
25 Q. -- why you were doing what you were
26 doing, and I think it was for good reasons.
27 A. Yes, sir.
28 Q. Were there any disciplinary reasons
29 that you were involving yourself in his life?

26
1 A. No, sir, not at all.
2 Q. Okay. So your experience with him was
3 all positive?
4 A. Yes, sir. Yes, sir.
5 Q. Possibly other than a coach and a
6 13-year-old boy who had been on the football
7 team getting yelled at by a coach like you and I
8 both have had --
9 A. Yes, sir.
10 Q. -- in the past?
11 THE COURT: All right. All right.
12 Any follow-up?
13 MR. FORTNER: No, Your Honor.
15 sir. You may stand down.
16 MR. FORTNER: Judge, we're going to --
17 I'm going to rest at this time. That's all
18 the witnesses.
19 THE COURT: All right. That will be
20 fine. Anything from the State?
22 THE COURT: All right. Well, let me
23 hear some argument then, Counsel.
24 MR. FORTNER: Thanks, Judge.
25 Your Honor, if you've -- and I'm sure
26 you have read the transcripts that we
27 provided and attached to this petition. I
28 think it's very obvious from the
29 transcripts that my client has been charged

27
1 with capital murder, but there's a real
2 possibility that he may ultimately be
3 charged with some other offense, not
4 capital murder, depending on the State's
5 investigation of this case, which is
6 ongoing. There is at least an equal
7 likelihood that the appropriate charge
8 against my client could be accessory after
9 the fact to a murder or capital murder,
10 rather than being charged as an accessory
11 before the fact.
12 Basically, there's no definitive
13 evidence at this point that he was an
14 accomplice prior to the commission of the
15 offense, and, in fact, his behavior since
16 the incident occurred would indicate
17 otherwise. He made efforts to turn himself
18 in. He's a confused 17-year-old kid who
19 may not know exactly what to do, but he
20 knew that he needed to turn himself in to
21 the police. He called someone he trusted,
22 his Godmother, to help facilitate that.
23 She did exactly what the police would have
24 wanted her to do, which is give them his
25 location and accompany them to that spot
26 where he was arrested, where he turned
27 himself in, basically. So there's no
28 indication that he tried to flee from
29 prosecution or detection or arrest.

28
1 Once he was arrested, he completely
2 cooperated with the police. He gave them a
3 detailed statement, and, in fact, his
4 statement, in several particulars, has been
5 corroborated by witnesses that he provided
6 to the police, including videotape evidence
7 taken at a Shell station. Probably if --
8 when things pan out, he and one of the
9 codefendants, DeAllen Washington, were
10 present at the Shell station while the
11 victim in this case was being shot
12 somewhere up in Madison County, and the
13 Shell station being on Hanging Moss Road in
14 Jackson.
15 So there is -- there is every reason
16 to believe that ultimately, if charged in
17 this case by a grand jury indictment, it
18 would be as an accessory after the fact,
19 not as a principal offender of capital
20 murder. So it may well be that he's being
21 currently held without bond when the most
22 serious thing he may have done is acted as
23 an accessory after the fact to capital
24 murder, not an accomplice or an accessory
25 before the fact.
26 THE COURT: I have a question.
27 MR. FORTNER: Yes, sir.
28 THE COURT: What's the sentencing
29 range for accessory after the fact?

29
1 MR. FORTNER: I believe it's zero to
2 20 years, Your Honor.
3 THE COURT: That's what I thought.
4 MR. FORTNER: So --
5 THE COURT: And -- and one more
6 question.
8 THE COURT: Well, that's okay. I'll
9 ask that later.
10 MR. FORTNER: Okay. So the -- it's
11 clear, Judge, that there's no reason to
12 believe that -- he has no history of
13 criminal behavior or any type of
14 misbehavior that would -- that would give
15 rise to a presumption he's a threat to the
16 community.
17 THE COURT: Well, that was -- not that
18 it's exactly on that point, but Mr. Buckley
19 asked one of the witnesses about any issues
20 relative to being removed from the football
21 team. Is that -- does that have any
22 relevancy relative to this issue, and what
23 was that reason, if any?
24 MR. FORTNER: Can I have just a
25 minute, Judge?
26 THE COURT: Sure, yeah.
27 MR. FORTNER: Okay. The -- the best
28 way I can put this to Your Honor is I think
29 that my client had a disagreement with the

30
1 coach, his football coach at Ridgeland High
2 School, about how much he should workout
3 and his work ethic in general. And that
4 dispute was probably going to cause my
5 client either not to play his twelfth grade
6 year at Ridgeland High School or transfer
7 and play elsewhere for his twelfth grade
8 year. I don't think it was he got in
9 trouble for a disciplinary problem. I
10 think he got in trouble for -- not
11 trouble but he got --
12 THE COURT: Not wanting to workout in
13 the summertime.
14 MR. FORTNER: He got in trouble for a
15 work ethic problem, Judge. I think that's
16 the best way I can put that.
18 MR. FORTNER: But back to my point,
19 and I recognize that the State is likely to
20 and you certainly read in your -- in the
21 transcript of the preliminary hearing that
22 earlier that night, my client -- in fact,
23 part of the reason we can probably prove
24 that he was not present in Madison County
25 when the child was shot in this case is
26 because he was at a Wendy's hamburger place
27 on Northside Drive in Jackson selling a $10
28 bag of marijuana to a young man. And that
29 young man, his name and contact information

31
1 was given to the police by my client. And
2 my understanding is that the police have
3 talked to him, and he does, in fact,
4 confirm that my client sold him $10 worth
5 of marijuana.
6 So I think the State would certainly
7 be remiss if they didn't use that to try to
8 argue he's a threat to sell drugs. But, in
9 fact, Your Honor, I think there are plenty
10 of conditions that could be placed on a
11 bond that would prohibit anything like that
12 from happening. In particular, you could
13 put him on house arrest, or you could have
14 a monitoring system requiring him to be at
15 certain places at certain times. And my
16 client's family would certainly be more
17 than willing to accept that responsibility
18 and that expense. That, coupled with the
19 fact that he's never been in trouble
20 before, and his father is a bondsman, so
21 his father knows how to find people. His
22 father knows how to get people to court,
23 and his father has given the Court his
24 assurance he would make sure his son is
25 here in court when the Court orders him.
26 I think that, coupled with the fact
27 that from a constitutional standpoint, the
28 presumption of guilt in this case and the
29 evidence of guilt are neither great nor

32
1 overwhelming. I think it gets us out of
2 the State's right to pro- -- to simply deny
3 any bond at all. I understand a case of
4 this nature is extremely serious. The
5 crime charged right now is extremely
6 serious. However, I think it's clear from
7 a reading of the transcript, and really the
8 actions of my client and his cooperation
9 with law enforcement and with turning
10 himself in, that there's no reason to hold
11 him at this time without any bond at all.
12 I'm not suggesting that a substantial
13 bond would not be appropriate. But really
14 we're -- we're holding him without bond
15 guessing against -- that an investigation
16 is going to come up with some more evidence
17 that might support a capital murder charge,
18 when, in fact, the preliminary hearing
19 transcript clearly indicates that's
20 probably not the case.
21 THE COURT: What amount would you
22 consider to be substantial?
23 MR. FORTNER: Well, from my point of
24 view, Judge, a $100,000 bond is
25 substantial. I think that would be more
26 than enough bond in a case of this nature,
27 coupled with some specific conditions the
28 Court might want to place on him that the
29 Court could come in and readjust if the

33
1 State does come up with some other evidence
2 more incriminating than what they've
3 already got, such as house arrest or
4 electronic monitoring if that's what the
5 Court wants to put on him. But I think
6 that's more than a sufficient amount of
7 bond to get him -- to make sure that he
8 appears in court and to compel his parents
9 to make sure he appears in court.
11 MR. FORTNER: Thank you, Your Honor.
13 MR. BUCKLEY: Your Honor, I just
14 wanted to give the Court some dates, so
15 they know exactly what we're dealing with
16 here.
17 This crime, the murder of Kingston
18 Frazier, occurred on May 18th of this year,
19 and, for the record, school was in session
20 then. May 18th of this year, and how it
21 occurred --
22 THE COURT: How do you know school was
23 in session?
24 MR. BUCKLEY: Well, we just texted
25 with Mr. Bramlett's wife, who's an
26 administrator.
27 THE COURT: So the students were in
28 class at that time?
29 MR. BUCKLEY: It's my understanding

34
1 they were, Your Honor.
2 Now, what happened was Dwan Wakefield
3 borrowed his Godmother's car, and him and
4 DeAllen Washington and Byron McBride were
5 on their way to a Wendy's to go do a drug
6 deal. And this is -- this is after
7 midnight. And they go there, and they show
8 up at the wrong Wendy's. And while they're
9 at that Wendy's waiting for their customer
10 to come buy the dope, they see Kingston
11 Frazier's mom pull up in her vehicle at
12 Kroger, leave the engine running, and go
13 inside.
14 THE COURT: So they went to the
15 Wendy's there in front of the Kroger on 55
16 North there in Jackson?
17 MR. BUCKLEY: Yes, sir.
18 THE COURT: As opposed to the one on
19 Northside?
21 THE COURT: Okay.
22 MR. BUCKLEY: And this defendant
23 drives up to that car. He's driving. He
24 drives up to Kingston Frazier's mother's
25 car, and the video shows what appears to be
26 Byron McBride exit the vehicle
27 Mr. Wakefield is driving, go to Kingston
28 Frazier's vehicle, look inside, go back,
29 and retrieve something from Mr. Wakefield,

35
1 get into the vehicle and leave, and both
2 cars leave going different directions at
3 that point.
4 It still remains unclear whether or
5 not they knew the baby was in the car. And
6 if they knew the baby was in the car, then
7 that changes things. Now, we -- this case
8 is very fresh. This isn't some other
9 jurisdiction where he's been languishing in
10 jail.
11 THE COURT: How old was the child?
12 MR. BUCKLEY: He was six years old.
13 THE COURT: Have any of the three
14 defendants given a statement?
15 MR. BUCKLEY: Yes, sir, and I was
16 going to get to that. But Byron McBride --
17 well, first off, Mr. Wakefield was
18 arrested --
19 THE COURT: I guess my question is
20 what further investigation does the State
21 think it can conduct to find out whether or
22 not any of the three defendants knew the
23 child was in the car?
24 MR. BUCKLEY: It's cellphone records.
25 We're waiting on cell tower records and
26 cellphone records, and it's my
27 understanding they're starting to come in
28 piecemeal. But what is happening, we're
29 using an FBI CAST team, surveillance

36
1 analysis, surveillance team to look at
2 these records, and it's simply going to
3 take time. They got different providers.
4 We've got different towers they're bouncing
5 off of, and the preliminary hearing was had
6 about a month ago.
7 THE COURT: Excuse me for
8 interrupting, but I'm trying to focus the
9 argument and answer some questions. How is
10 that going to show whether or not any of
11 the three individuals knew the child was in
12 the car?
13 MR. BUCKLEY: Well, that particularly
14 won't, Your Honor. But what it will do is
15 show where they were at certain times,
16 because we don't have a definitive time of
17 death on Kingston Frazier, but we have a
18 window of time.
19 And Mr. Wakefield gave one version of
20 events where he basically admits to being
21 an accessory after the fact.
22 Now, Mr. McBride who we believe is the
23 shooter, he has given two different
24 versions of events. He's given two
25 different statements. The statement that
26 concerns me regarding Mr. Wakefield is he
27 says in his second statement that he's
28 driving with Kingston Frazier up I-55 North
29 and pulls over on the interstate next to

37
1 Nissan, and all of this is in the
2 preliminary hearing transcript. Pulls over
3 and then Mr. Wakefield and Allen, DeAllen
4 Washington, come up knowing the child is in
5 the car, because he's already called and
6 told them, and they drive up there, and
7 DeAllen Washington kills Kingston Frazier.
8 That's one version of events.
9 If that's the case, this defendant is
10 a principal. Now, I understand because of
11 his age, obviously, we can't seek the death
12 penalty on him, but he's still facing
13 capital murder with life without parole.
14 Now, that being the case, this
15 defendant also -- and he admits this -- he
16 deleted all of his text messages from that
17 night. We're in the process of retrieving
18 those, as the Court knows we have that
19 ability, but the cellphones are still being
20 analyzed, and that's something we need more
21 time on, too.
22 And this is a very, very fresh case,
23 so when we retrieve the text messages that
24 he admits to deleting and we start doing
25 the cell tower records to triangulate the
26 times and we figure out where everybody
27 was, it's going to become more clear to us.
28 Is he an accessory after the fact? Is he
29 guilty of capital murder?

38
1 THE COURT: How long do you anticipate
2 that will take?
3 MR. BUCKLEY: I anticipate within the
4 next four to six weeks, we should have the
5 bulk of what we need, Your Honor.
7 MR. BUCKLEY: So -- and I don't want
8 to harp too much on the witnesses here, but
9 we had a kid on a school night having
10 access to a vehicle -- having access to a
11 vehicle not being supervised out with two
12 other guys conducting a drug deal at 1:00
13 in the morning. So I don't know how all of
14 a sudden he's going to be supervised now.
15 We have confirmed May 18th was exam
16 week at Ridgeland High School. Also, it's
17 our understanding that he had been
18 dismissed from the team and did not
19 participate in spring practice, and he was
20 dismissed in late February or early March.
21 I don't have any evidence it was a
22 disciplinary problem, but that's what I
23 know for the Court's understanding.
24 But we have two different statements
25 from Byron McBride: One makes him an
26 accessory after the fact, one makes him a
27 principal. So until we can sort that out
28 through cellphone records, cell tower
29 records, and phone dumps and text messages,

39
1 we believe it's premature at this time to
2 set a bond for him, because he is facing
3 capital murder if any of those things break
4 against him.
5 And, at a minimum, he's facing
6 20 years on accessory after the fact.
7 That's a best case scenario that we see.
8 But Mr. Fortner's right, it may turn out to
9 be that, but it's premature at this time
10 for us to be second guessing.
11 The Court down in Justice Court heard
12 evidence, heard testimony, lengthy
13 testimony. It took all morning three times
14 over and has determined that no bond was
15 appropriate in that matter.
16 So, at this time, you know, we haven't
17 even had a grand jury come and go before
18 this investigation is complete, so we would
19 just ask for more time to complete the
20 investigation. And we can, of course,
21 revisit the issue of bond at that time.
22 THE COURT: When was the last grand
23 jury?
24 MR. BUCKLEY: The last grand jury was
25 two weeks ago.
26 THE COURT: What about any before that
27 after May 18th?
28 MR. BUCKLEY: No, sir. There's been
29 one grand jury that's come and gone since,

40
1 but the investigation was not ready.
2 THE COURT: When's the next grand jury
3 supposed to meet?
4 MR. BUCKLEY: It's going to be
5 September. I don't know the exact date,
6 Your Honor.
8 MR. BUCKLEY: So for all those
9 reasons, we would ask that the bond -- that
10 no bond be given in this case, and that we
11 revisit the issue after another grand jury
12 or two has had time to run through, and
13 we've had time to investigate our case,
14 Judge.
15 THE COURT: All right. Mr. Fortner?
16 MR. FORTNER: Yes, sir. Very briefly,
17 Your Honor, that was exam -- final exam
18 week at Ridgeland High School. My client
19 had finished his exams, so, technically,
20 that was not a school night for him. He
21 was through. And he had stopped in March
22 of that year, stepped away from the
23 football team because of the disagreement
24 he had with his coach about his work ethic,
25 so that's -- that's all true.
26 Let me -- let me very briefly suggest
27 this to the Court. I understand the State
28 needs more time to complete their
29 investigation. I understand that. I

41
1 think -- I think it's not out of line for
2 me to suggest that -- I can't imagine the
3 State would contend that my client was an
4 accessory before the fact or an accomplice
5 to capital murder based upon the statements
6 of Mr. McBride, who is the person who
7 actually shot and killed the six-year-old
8 boy in this case. I -- I can't imagine
9 that they would do that. However --
10 THE COURT: Codefendants have been
11 convicted on other codefendants' testimony
12 throughout the millennium, haven't they?
13 MR. FORTNER: And I do understand
14 that, Your Honor. But I might point out
15 that Mr. McBride has given three different
16 versions and admitted himself killing,
17 suggested that Mr. Washington killed, and
18 never has said that Mr. Wakefield
19 participated in the killing of this young
20 man.
21 The bottom line here, Judge, is that
22 the presumption is in favor of the
23 defendant. Constitutionally, the
24 presumption is in favor of the defendant,
25 and even if he's indicted and we come to
26 trial and pick a jury, you'll instruct the
27 jury the presumption is in the favor of the
28 defendant in any case, and more so in a
29 case of this nature.

42
1 Now, I'm representing a 17-year-old
2 boy who as -- as far as I can tell, the
3 adults in his life have given as reasonable
4 assurances as possible to this Court that
5 they will make sure this young man appears
6 in court when he's ordered by the Court.
7 I've suggested several conditions that are
8 within the authority of this Court to place
9 upon any bond this Court might -- any bail
10 this Court might set, and you can certainly
11 do that. And I believe that the people who
12 have gotten up here and testified asking
13 you to do exactly that are reliable people
14 and responsible people who will make sure
15 those conditions are all met.
16 So, at this point, I don't think that
17 you should resolve doubt in favor of the
18 State's ongoing investigation, when in fact
19 they can't really point to any particular
20 piece of evidence that's going to tilt this
21 in the State's favor.
22 And we would point out even once
23 again, that Dwan Wakefield, Jr., readily
24 cooperated with the police and provided
25 them with several tangible pieces of
26 evidence that corroborate his statement
27 given to the police.
28 Now, for those reasons, I think at
29 this point, constitutionally, I'm somewhat

43
1 insistent and convinced that the right
2 thing to do here is to set a reasonable
3 bond with reasonable conditions and allow
4 this young man to obtain his release.
5 Thank you.
6 THE COURT: All right. I don't
7 remember seeing it in the transcript,
8 Mr. Buckley, but if you can refresh my
9 recollection, did the Justice Court Judge
10 have before him the fact that the State was
11 in the process of trying to recover deleted
12 e-mails of the defendants?
13 MR. BUCKLEY: Yes, sir. Investigator
14 Trent Weeks of the Mississippi Bureau of
15 Investigations testified three times. And
16 he testified three times, and each time was
17 in front of all the same people, so it very
18 well may be in the very first one that was
19 conducted. But it's my recollection that
20 he advised the Court the case was still
21 ongoing, and they had grand jury subpoenas
22 out for cellphone and cell tower records.
23 THE COURT: Okay. Well, I don't see
24 his testimony in this transcript.
25 MR. BUCKLEY: Trent Weeks?
26 THE COURT: He did testify?
27 MR. BUCKLEY: He was the lone witness,
28 Your Honor. It's on Page 5 is where he
29 begins testifying, Judge.

44
1 THE COURT: Well, that's -- I don't
2 believe that's in the transcript that's
3 before me.
4 MR. BUCKLEY: He's also being sworn in
5 on Page 6, Your Honor.
6 THE COURT: Well, the transcript that
7 I have before me on Page 5 is Byron Delance
8 McBride -- no, excuse me. I'm sorry. Wait
9 a minute, that's you, Mr. Buckley.
10 Oh, I see it, yeah, yeah, yeah. Give
11 me a minute to review that. Could you
12 point me to that testimony?
13 MR. BUCKLEY: Court's indulgence?
14 Your Honor, if you look on Page 30
15 when the defense attorney Warren Martin,
16 who represents DeAllen Washington, he
17 begins questioning on Line 20.
18 THE COURT: Can you direct me to his
19 testimony in which he says that they're
20 searching for deleted texts?
21 MR. BUCKLEY: No, sir, I can't point
22 you to that without going page by page
23 through this, but he's talking about
24 pulling cellphone records for all three
25 defendants.
26 THE COURT: But did he testify to that
27 in front of the Justice Court Judge?
28 MR. BUCKLEY: Yes, sir, on Page 30,
29 Line 21, he asks Investigator Weeks, "Did

45
1 your investigation include pulling
2 cellphone records for all three
3 defendants?"
4 Answer: "We're in the process of
5 doing that, yes, sir."
6 THE COURT: I understand that, but did
7 the Justice Court Judge have before him the
8 fact that the defendant, I'm going to say
9 presumably deleted texts, and the State was
10 in the process of trying to recover those
11 texts?
12 MR. BUCKLEY: I can't answer that
13 honestly, Judge.
14 THE COURT: Mr. Fortner, do you know?
15 I don't recall seeing that, that's why I'm
16 asking.
17 MR. FORTNER: Judge, I -- it seems
18 like I recall that but -- but, you know,
19 quite frankly, I'm going to presume that
20 they're doing that as part of their
21 investigation. They're trying to obtain
22 whatever text messages there might have
23 been. I just assumed they would.
24 THE COURT: Well, I thought
25 Mr. Buckley said that -- does the
26 investigation show that this defendant
27 deleted texts, or does the State suspect he
28 deleted texts?
29 MR. BUCKLEY: He admitted that in his

46
1 statement, Judge.
2 THE COURT: All right. Okay. Any
3 further argument based on my questions?
4 MR. FORTNER: I don't think so, Judge.
5 Thank you.
6 MR. BUCKLEY: No, sir.
7 THE COURT: All right. No doubt the
8 defendant, although he is not subject to
9 imposition of the death penalty because of
10 his age, is charged with a very serious
11 crime and because of that is subject to
12 life imprisonment. I really have before me
13 the same evidence that the Justice Court
14 Judge had before him, with the exception of
15 the three witnesses that were called. My
16 perception is for the -- I'm going to use
17 Defendant bringing forth the factor
18 evidence relative to the Lee V. Lawson
19 factors.
21 THE COURT: And it's clear that the
22 Justice Court Judge determined what he
23 determined on Page 96 relative to the
24 proof, which resulted in the defendant
25 being held without bond.
26 Since that time, or what I have before
27 me that the Justice Court Judge didn't have
28 before him is the defendant's statement
29 that he deleted texts, which could very

47
1 possibly go toward the State's proof in
2 relation to his involvement in the death of
3 the child. So, at this point, I think I
4 have before me more than the Justice Court
5 Judge had before him.
6 The other thing that I think the
7 record is clear on, there has been only one
8 grand jury since the time of the arrest,
9 and there is another grand jury I'm told
10 that will be held in September. I will be
11 back October 3rd. And I don't want to
12 propose that I continue this over to
13 October 3rd, because if I deny the
14 petition, Mr. Fortner, I suspect you'll
15 want to see if an appellate court will give
16 you some relief.
17 But in recalling the witnesses'
18 testimony, the defendant's father, looking
19 at the Lee V. Lawson factors, you know, no
20 testimony as to his length of residence in
21 the community, which I have always taken
22 the position that in relation to Madison
23 County, Hinds County is not a part of the
24 community. Rankin County is not a part of
25 the community. I've taken the position in
26 Rankin County that Hinds County is not a
27 part of the community, and Madison County
28 is not a part of the community.
29 But in relation to this case,

48
1 Mr. Wakefield is -- is not a member of this
2 community. He is a bondsman, and I presume
3 his financial condition is sufficient for
4 him to maintain that bonding ability. You
5 know, no testimony, and none was needed
6 relative to criminal records and reputation
7 of character. But from his testimony, this
8 defendant was not present in his house, not
9 residing with him, so there is a little bit
10 of a difference in the relationship that a
11 parent and a child would have residing in
12 the same residence. The defendant did not
13 reside with his mother either, who also
14 lived in Jackson.
15 Relative to Ms. Ates, she seems to be
16 an individual in this community who has
17 stable employment, no testimony about
18 financial ties and relationships or
19 reputation of character, but she seemed to
20 be a credible witness to the Court. But it
21 is inescapable that while residing with
22 her, the defendant was in Jackson
23 undertaking criminal activity.
24 I think it's admirable that their
25 relationship was such that the defendant
26 contacted her relative to the crimes
27 alleged in this instance, and that she
28 appeared to take appropriate action
29 relative to the authorities. But those

49
1 activities didn't prevent this defendant
2 from proceeding to undertake criminal
3 activities in Hinds County.
4 Now, Coach, I think it's Hatchett,
5 seemed to have a good relationship with the
6 defendant. I -- I didn't ask him when the
7 last time he saw the defendant was. I
8 presumed it was sometime after the
9 defendant left Olde Towne Middle School,
10 and for the reasons that I said in terms of
11 my perception of the coach's involvement
12 with the defendant, that is possibly
13 helping a young man who's a good football
14 player go to a good school.
15 But, Mr. Fortner, you argued that
16 there is a real possibility that the
17 defendant may be charged with some other
18 crime, and that's accessory after the fact
19 to murder, which in and of itself carries a
20 heavy sentence of 20 years. But I'm not
21 convinced given what I think I heard today
22 is additional investigation that the State
23 is undertaking as a result of the
24 defendant's admission to deleting text
25 messages.
26 MR. BUCKLEY: Your Honor, I'm sorry to
27 interrupt but the Court asked, so I was
28 referring you to Page 80. We did find
29 while under examination by Mr. Fortner,

50
1 Mr. Weeks talked about the deleted text
2 messages and that efforts were underway.
3 THE COURT: All right. Give me a
4 minute to review that.
5 MR. BUCKLEY: Yes, sir. Also on the
6 record, Judge, it's not just accessory
7 after the fact to murder. It would be
8 accessory after the fact to kidnapping,
9 accessory after the fact to murder,
10 accessory after the fact to auto theft.
11 There's several things that would stack up
12 there.
13 THE COURT: So would accessory after
14 the fact to kidnapping be 20 years also?
15 MR. BUCKLEY: Yes, sir, it would.
16 THE COURT: And as to auto theft, it
17 would be five years?
18 MR. BUCKLEY: Five, yes, sir.
19 THE COURT: Okay. So, consecutively,
20 the defendant would be possibly looking at
21 a minimum of 45 years?
23 THE COURT: Okay. Well, what was
24 brought out today, I don't know if it was
25 in -- it had to have been in argument,
26 because Mr. Buckley didn't testify. The
27 defendant admitted in his statement to
28 deleting the text messages, and that issue
29 was not before the Justice Court Judge.

51
1 MR. FORTNER: Judge, I think it was.
2 If you look at the bottom of Page 79 and
3 the top of Page 80, --
5 MR. FORTNER: -- I think the witness
6 testified that Mr. Wakefield told him --
7 THE COURT: I see it, yeah.
8 MR. FORTNER: Okay.
9 THE COURT: Yeah. Well, and in my
10 defense, I mean, y'all know the volumes of
11 things that I have to read and be prepared
12 for. I guess the record should reflect I
13 was in a civil matter in the jury room
14 dealing with about a dozen lawyers having
15 read all of their stuff, too, --
17 THE COURT: -- prior to this hearing.
18 Well, I guess based on everything that
19 I have seen before me and the testimony
20 that I've heard, I'm of the opinion that I
21 don't have anything more before me than the
22 Justice Court Judge did whenever he found
23 for the reasons I stated on Page 96 that
24 the defendant should be held without bond,
25 other than the testimony of the three
26 witnesses, who are Lee V. Lawson type
27 witnesses with the defendant's father not
28 being in the community and not -- not being
29 in a parental circumstance under my

52
1 perception of this defendant, if for no
2 reason other than the defendant contacted
3 Ms. Ates as opposed to his father. And in
4 relation to her, their relationship was
5 such that it wasn't sufficient enough to
6 prevent the defendant from conducting
7 criminal activity in Hinds County. And the
8 coach's activity was limited for the
9 reasons that I said. I don't -- I believe
10 I am compelled to find the same as the
11 Justice Court Judge, that I believe that
12 the proof is evidence and/or the
13 presumption great that to release the
14 defendant would pose a special danger to
15 others and/or the community.
16 And further considering under Lee V.
17 Lawson the evidence that's before me, I
18 don't believe that I could impose any
19 conditions that would ensure the defendant
20 appearing to answer to the charges that he
21 is presently facing, and, by that, I mean
22 capital murder.
23 Is he -- is he charged with other
24 things other than capital murder?
25 MR. BUCKLEY: Just capital murder,
26 Your Honor.
27 THE COURT: And even considering in a
28 best-case scenario for the defendant under
29 the circumstances that Mr. Buckley pointed

53
1 out, he would still be facing a maximum
2 sentence, apparently, of 45 years. So for
3 all of those reasons, I am going to deny
4 the petition.
5 Now, y'all can submit an Order for
6 that, so, Mr. Fortner, you can take it to
7 the Supreme Court or Court of Appeals.
9 THE COURT: But I might feel
10 differently on October 3 if -- and I'm not
11 certainly -- I've got enough work, so I'm
12 not inviting another petition. But if the
13 next grand jury comes up and the State
14 hasn't moved forward on this case, I very
15 well may feel differently, because that
16 will be five months into the case. And
17 this Defendant needs to either be taken to
18 the grand jury or something else happen.
20 THE COURT: So I'm going to deny your
21 motion and sign your Order, so you can
22 appeal. And I'm not inviting another
23 petition, but I guess what I'm saying is
24 the State needs to get on with moving this
25 case down the road just like every other
26 case in this district, and I think the
27 State understands that.
28 So that's my ruling. If y'all would
29 provide me an Order approved as to form,

54
1 I'll sign it.
4 THE COURT: Anything further?
5 MR. FORTNER: No, sir. Thank you.
6 THE COURT: All right. Well, thank
7 y'all.
8 ************************************************
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1 CERTIFICATE OF COURT REPORTER
3 I, Candice S. Crane, CCR #1781, Official
4 Court Reporter in and for the Twentieth Circuit
5 Court District of the State of Mississippi, do
6 hereby certify that the foregoing constitutes a
7 true and accurate transcription of my
8 stenographic notes taken IN THE MATTER OF A
9 PETITION FOR WRIT OF HABEAS CORPUS in DWAN
10 DIONDRO WAKEFIELD, JR. VERSUS MADISON CO.
11 SHERIFF RANDY TUCKER, being Civil Action
12 No. 2017-0161, on the docket of Madison County,
13 Mississippi.
14
15 THIS, the 9th day of August, 2017.
16
17 _______________________________
18 Candice S. Crane, CCR #1781
19 Official Court Reporter
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1

1 IN THE CIRCUIT COURT OF MADISON COUNTY

3 DWAN DIONDRO WAKEFIELD, JR. PLAINTIFF

4 VERSUS CIVIL ACTION NO. 2017-0161

5 MADISON CO. SHERIFF RANDY TUCKER DEFENDANT

20TH CIRCUIT COURT DISTRICT OF MISSISSIPPI

2 Style and Appearances....................... 1

4 WITNESS: DWAN WAKEFIELD, SR.

5 Direct by Mr. Fortner................... 4

6 Cross by Mr. Buckley.................... 8

7 Examination by the Court................ 9

8 WITNESS: HONEY ATES

9 Direct by Mr. Fortner................... 11

10 Cross by Mr. Buckley.................... 16

11 Examination by the Court................ 19

12 WITNESS: MARCHENE HATCHETT

13 Direct by Mr. Fortner................... 21

14 Examination by the Court................ 23

19 The Court's Ruling.......................... 46

20 Certificate of Court Reporter............... 55

20TH CIRCUIT COURT DISTRICT OF MISSISSIPPI

1 IN OPEN COURT, JULY 31, 2017

3 THE COURT: All right. We're here on

4 2017-0161, Dwan Diondro Wakefield versus

5 Randy Tucker, Madison County Sheriff, on a

6 Petition for Writ of Habeas Corpus.

7 How do y'all want to proceed, Counsel?

8 MR. BUCKLEY: Your Honor, Mr. Fortner

9 filed this motion last week and we met on

10 it. And what we have agreed upon, first

11 off, on June 26th, 2017, last month, there

12 was a preliminary hearing in Justice Court

13 on all three defendants in this case, that

14 would be Byron McBride, DeAllen Washington,

15 and Dwan Wakefield. And a transcript was

16 had in that preliminary hearing.

17 Mr. Fortner has attached a copy of that

18 transcript to his Petition for Habeas

19 Corpus, and what we have agreed to do since

20 this case is still under investigation and

21 there's been no new details that we're

22 aware of is, we would like to incorporate

23 the testimony of that officer conducted at

24 the preliminary hearing as substantive

25 evidence in this habeas hearing, and then

26 proceed along those grounds that

27 Mr. Fortner is going to have several other

28 witnesses relating to the Lee V. Lawson

29 factors that don't have anything to do with

20TH CIRCUIT COURT DISTRICT OF MISSISSIPPI

2 MR. FORTNER: That's correct, Your

4 THE COURT: All right. And, for the

5 record, I have reviewed the petition,

6 including the transcript, so I'll hear from

8 MR. FORTNER: Thank you, Your Honor.

9 And just to get straight to the

10 matter, we would call Dwan Wakefield, Sr.,

11 first, Your Honor.

12 DWAN WAKEFIELD, SR.,

13 having been first duly sworn, was

14 examined and testified, as follows...

17 Q. Would you state your name, please?

18 A. Dwan Wakefield, Sr.

19 Q. And, Mr. Wakefield, where do you live?