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Charges dismissed against defendants in MWP fight
By Carey Phillips
Charges against 13 people arrested in connection with a Nov. 4 fight at Mark Watson Park were dismissed on July 25 in Jackson County District Court.
Documents indicate the dismissals were due to insufficient evidence and a detective not being available.
The charges were for incitement to riot and disorderly conduct. Those charged included:
Jeremy Harburn, 31, Sylva.
Casey Franklin Smith, 24, Sylva.
Johnny Lee Lance, 34, Waynesville.
Michael Joseph Beckmann, 31, East Flat Rock.
Benjamin Heath McClure, 26, Hayesville.
Tracy Eugene Hooper, 29, Sylva.
Matthew Authur Bauer, 23, Maggie Valley.
Cassidy Leigh Morgan, 22, Sylva.
Brian Keith Allison, 23, Cherokee.
Allen Ray Groenwold, 38, Cherokee.
Donovan Dean Crowe, 33, Cherokee.
Dallas Edward Crowe, 31, Cherokee.
David Andre Brown, 32, Cherokee.
Court papers indicate weapons used included a handgun, baseball bat and knives.
The Jackson County Sheriff’s Office and Sylva Police Department were both involved in the investigation. Mark Watson Park is in the city limits but is county property.
Sheriff Jimmy Ashe did not know about the dismissals until told by The Herald on Monday, almost a week after the court date. He said his office was never consulted by the District Attorney’s Office.
The detective referred to was John Buchanan of the Police Department. However, Ashe said Buchanan was available and was only a phone call away.
“He was teaching a class, but he could have been called to testify,” Ashe said. “That’s normal.”
“He was maintaining his certification to be the departmental instructor, but he was on call and could have appeared,” Police Chief Jeff Jamison said.
Reid Taylor, assistant district attorney, agreed with Ashe and Jamison.
“In this particular incident, he was not there but he was available,” Taylor said. “John Buchanan did a fine job. There was nothing on his part as to why this was dismissed. I really feel bad because I think it leaves the impression he didn’t do his job, and that’s simply not the case.”
Problems with the case included no independent witnesses to the confrontation other than a couple of people who witnessed “cursive language,” Ashe said. He added there is no county ordinance prohibiting firearms on county property.
The only witnesses were defendants, and they declined to testify against each other, Taylor said.
“We had two or three who were going to plead to a lesser charge, but once all the defendants got there, they withdrew their pleas,” he said.
The case had been continued four times in the nearly nine months since the incident occurred, Ashe said. Two of those continuances were by the state, one was by the defendants as a group and one was by the consent of the court, he said.
“My question is why they didn’t indict it through a Grand Jury?” Ashe said.
“We were there the other times it was on the docket,” Jamison said. “The one time it was dismissed, John was in class, but he was available to come.”
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