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Mississippi Today

Grand jury opts not to indict football star Jerrell Powe and partners after ‘tunnel vision’ investigation

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Ridgeland arrived at a local bank on a mild, sunny day last January to intercept what they observed as an active abduction.

They took a look at the alleged kidnappers — a 330-pound retired NFL player and a longhaired pot grower from California — and “they just went haywire and thought they had something that they just didn't have,” said Texas Angie McClelland, who would later be tied to the case.

A Madison County grand jury finally agreed with McClelland last November, choosing not to indict any of the five people for the crime.

The assumed victim, a young businessman from Waynesboro named Bryce Mathis, had alerted a bank teller at the Chase Bank in Ridgeland to call the police. By this point, Mathis had made enemies all over the country for allegedly scamming investors and hopeful entrepreneurs. That includes the two men accompanying him at the bank that day: former Kansas City Chiefs nose tackle Jerrell Powe and the cannabis farmer Gavin Bates.

The group was planning to launch a business together and had pooled some $300,000 in investments in a bank account Mathis controlled. Concerned that he might be mishandling the funds, they'd gone to the bank that day to get the money out. The defendants said Mathis went willingly; Mathis told police he'd been forced against his will. Ultimately, the bank account was empty save for forty cents, investigators found.

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Police arrested Powe and Bates, generating dramatic national headlines – primarily because of Powe's celebrity – that ran while the two sat in jail for five days. Bates said he was held in an isolation cell for three days. The cell was so cold, he said, he had to sleep on the floor with his face by a window, a faint source of warm air.

“I still don't understand why they did that,” Bates told Mississippi Today recently. “… It felt like those police could do what they wanted and they were all backing each other up.”

After going through the suspects' phones in the following days and finding what they considered damning text messages, the local authorities directed U.S. Marshals to arrest three more people, Wayne County Board of Supervisors attorney Cooper Leggett.

Leggett was only connected to the marijuana startup because Mathis had previously worked with the county to build a facility there — a that was abandoned after Leggett said Mathis never paid contractors conducting the initial dirt work (an allegation Mathis denies). Powe and his business partners had reached out to Leggett for intel on Mathis, and they all texted the day of the alleged kidnapping about how best to approach the alleged con artist.

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One night, about a week after the incident, Leggett woke up to what sounded like people beating on his front door.

“The front of my house looks like a 4th of July sky of police lights,” Leggett said.

Throughout the night and early morning, transported Leggett to the Madison County Detention Center, where he was booked, and then to Ridgeland to speak with investigators. “I'm like, ‘Guys, we could have saved a lot of pomp and circumstance from how y'all arrested me. I would have came if y'all would have called me,'” Leggett told Mississippi Today.

Despite never being indicted, Leggett was on unpaid leave from his county attorney position for nearly a year while he waited for officials to resolve the case. Agents similarly arrested Angie McClelland and her husband Colburn McClelland — partners on the marijuana startup — in their hometown of Katy, Texas.

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“They were giddy, like a kid in a carnival, to make a big splash and get a big arrest,” Colburn McClelland said.

The alleged kidnapping began on Jan. 11, 2023, after Bates and Angie McClelland picked Mathis up at his home in Waynesboro. The investor group said Mathis had been evading them for weeks, prompting the in-person visit. Here, the story diverges: The defendants said everyone was on board to go to the bank to retrieve the investor funds, which an audio recording Angie McClelland took at the time appears to corroborate. But Mathis told investigators he thought they were going to lunch.

From 500 miles away in Texas, Colburn McClelland advised Powe not to arrive at the bank until they got inside, lest Mathis see the large athlete, get spooked and leave. “Ya'll need to get him trapped inside the bank,” Colburn McClelland texted, according to a document he prepared.

Instead, they stopped in a pharmacy parking lot in Laurel, Mississippi, where Powe replaced McClelland in the back passenger seat.

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Laurel Police Chief Tommy Cox told Mississippi Today that his department determined Mathis left Laurel with Powe and Bates willingly, and that if a kidnapping occurred, it must've been because Mathis changed his mind during the ride. “Everybody were buddies when they left here,” Cox said.

Mathis told Mississippi Today that while in the car, Powe terrorized him. “He said that I was going to start getting my mail from the groundhog,” Mathis said.

Powe denies making any threats. The investor group also points to a recording, reviewed by Mississippi Today, in which Mathis stated to the camera that he had misspent his investors' money while “stringing them along” and that he planned to “make it right.”

In an interview with Mississippi Today, Mathis stood by his story that he was forced to travel with Powe and Bates against his will and any recorded statements were coerced.

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When they got to Ridgeland on Jan. 11, the bank had closed for the day, so they spent the night in a hotel, where Mathis claimed Powe slept on top of his legs to prevent him from escaping. “He took a pillow, laid it on my legs, and he laid up on top of it with his arms crossed,” Mathis said. “I mean, it wasn't like it hurt. He was just there to make sure I didn't move.”

“That sounds so damn stupid,” Powe said of Mathis' claim.

The next morning, Colburn McClelland texted Powe, “If Bryce has asked to leave we gotta let him go…so long that he is staying by his own choice, there is no issue,” to which Powe responded, “He ain't ain't asked to leave at all.”

In an interview with Mississippi Today, Powe also questioned why, if Mathis had been kidnapped, he didn't attempt to alert anyone during the several stops they made during their drive to central Mississippi.

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“It's a reason why he lured us to the bank, because that's where he wanted to do that, to make a big scene and play with people's lives,” Powe said.

After his arrest, Leggett requested a preliminary hearing, where the lead investigator, Ridgeland detective Austin Baney, testified that the kidnapping case was his first investigation.

“In my opinion, he (Baney) got tunnel vision and never could let go of that story that he saw in the tunnel,” Leggett said. “He just did not want to let go of the sensational story that he thought he had when everything was basically crumbling underneath him.”

Ridgeland Municipal Court prosecutor Boty McDonald said that the text messages taken from the suspects' phones would prove the five defendants conspired to capture Mathis against his will.

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“We're not going to try the case out here in public, but you can rest assured that in Ridgeland, we would not have arrested them and charged them with kidnapping if it wasn't kidnapping,” McDonald told TV reporters after the arrests.

The grand jury wasn't convinced. While the investigation originated with Ridgeland police, McDonald turned the felony kidnapping case over to the Madison County District Attorney's Office. Nearly a year after the arrests, county prosecutors took the case to a grand jury and it returned a “no bill,” meaning the jurors did not find probable cause to believe the defendants had committed the crime.

“I stand behind the work that the police officers and detectives did here and I also stand behind any discretion exercised by the DA's office,” McDonald told Mississippi Today.

Cox, the Laurel police chief, said he wasn't surprised by the . “It just sounded hinky to me from the beginning,” the police chief said.

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The three out-of-staters say the experience has tainted their opinion of the Hospitality State. Bates said the next time he's traveling east, he plans to avoid flying over Mississippi. Angie McClelland said she knows it's home to some fine people, “but I've unfortunately seen the crooked letter crooked letter.”

Powe, who still calls Mississippi home, praised the Madison County court system for reaching the correct result. He said when he got the news about the no bill, “it felt like a ton of bricks had been lifted off me.”

“This has definitely been a nightmare for me and my family,” Powe said. “So just to be able to move on in my life and not toss and turn anymore with this on my mind, it's just been a big relief.”

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

On this day in 1951

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April 28, 1951

Ruby Hurley Credit: Wikipedia

Ruby Hurley opened the first permanent office of the NAACP in the South.

Her introduction to activism began when she helped organize Marian Anderson's 1939 concert at the Lincoln Memorial. Four years later, she became national youth secretary for the NAACP. In 1951, she opened the organization's office in Birmingham to grow memberships in Alabama, Florida, Georgia, Mississippi and Tennessee.

When she arrived in Mississippi, there were only 800 NAACP members. After the governor made remarks she disagreed with, she wrote a letter to the editor that was published in a Mississippi newspaper. After that step in courage, membership grew to 4,000.

“They were surprised and glad to find someone to the governor,” she told the Chicago Defender. “No Negro had ever challenged the governor before.”

She helped Medgar Evers investigate the 1955 murder of Emmett Till and other violence against Black Americans. Despite threats, she pushed on.

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“When you're in the middle of these situations, there's no room for fear,” she said. “If you have fear in your heart or mind, you can't do a good job.”

After an all-white jury acquitted Till's killers, she appeared on the front of Jet magazine with the headline, “Most Militant Negro Woman in the South.”

Months later, she helped Autherine Lucy become the first Black student at the of Alabama.

For her work, she received many threats, a bombing attempt on her home. She opened an NAACP office in Atlanta, where she served as a mentor for civil rights leader Vernon Jordan, with whom she worked extensively and who went on to serve as an adviser to President Bill Clinton.

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After learning of Evers' assassination in 1963, she became overwhelmed with sorrow. “I cried for three hours,” she said. “I shall always remember that pool of blood in which he lay and that spattered blood over the car where he tried to drag himself into the house.”

She died two years after retiring from the NAACP in 1978, and the U.S. Post Office recognized her work in the Civil Rights Pioneers stamp . In 2022, she was portrayed in the ABC miniseries, “Women of the Movement.”

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

Rare open negotiations occur on important Medicaid expansion issue

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mississippitoday.org – Bobby Harrison – 2024-04-28 06:00:00

The curtain was pulled back last for the first time in years on the Mississippi 's often mysterious conferencing .

A conference committee consists of three representatives and three senators appointed to try to reach agreement when the two chambers pass differing versions of the same bill. Last week, a conference committee formed to try to reach agreement on expansion caused a stir by meeting in a public setting.

Even though the joint rules of the Mississippi Legislature call for an open conferencing process, the conferees seldom meet in public. They usually meet and negotiate their differences near the end of the session behind closed doors.

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That was not always the case.

For a period in the late 1990s and early 2000s, the Legislature, under intense pressure from the Mississippi Press Association, made open conference committees the norm.

Some major issues have been played out in public conference committees. Notable open conferences include:

  • The infamous, excruciatingly long special session in 2002 where businesses received more protection from lawsuits.
  • Budget fights when Haley Barbour was governor when legislators often would reach an impasse in the negotiations process and spend the bulk of their time talking about their cars and eating candy.
  • The major rewrite of the 's economic development package under then-Gov. Ronnie Musgrove called Advantage Mississippi.
  • The Mississippi Adequate Education Program, which for decades has provided the state's share for the basic operation of local school districts. It was hammered out in an open conference process in 1997 even before the joint rules mandated the open process.

Then-state Sen. Musgrove and former House Speaker Billy McCoy deserve credit or blame, according to one's perspective, for proving the open conference process could work. When they chaired their respective chamber's education committees, they insisted on having an open conference process.

But in more recent years, open conference committees have been few and far between. The joint rule has been largely ignored.

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The fact that the three House and three Senate conferees agreed to meet at least once in public on Medicaid expansion — one of the most pivotal issues facing the Legislature in recent years — drew considerable attention.

If nothing else, the open conference committee provided a raw and unedited view of how far apart the two chambers were at the time on an issue that would provide additional care coverage to primarily the working poor.

The House wanted to provide coverage to those earning up to 138% of the federal poverty level, or about $20,000 annually for an individual, while the Senate had proposed providing coverage to those earning less than 100% of the federal poverty level, or about $15,000 per year.

According to various experts, the House plan would provide coverage to many more working and cost less to the state than would the Senate plan. The reason for the lower cost to the state is that when expanding to 138%, the federal will pay 90% of the costs and provide the state an additional roughly $700 million over two years as an enticement to expand.

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Under the Senate plan, the federal government will pay 77% of the cost and offer no incentives. It is important to understand that in the expensive world of , the difference in 77% of the cost and 90% means tens of millions to Mississippi state coffers.

The House conferees repeatedly pointed out those numbers — their plan covering more at less cost — during last week's open conference committee.

One of the reasons legislators through the years have not been enamored with an open conference process is that it has often turned into efforts by the negotiators to sell their position to the public.

Once the open conference process starts, the side that feels the most comfortable with its position wants to meet more often in full view of the public to make sure the public understands where each side stands.

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For whatever it is worth, the House conferees were more enthusiastic about continuing the open process after the initial Medicaid expansion conference committee.

And after that initial open conference, the Senate offered a compromise to those earning up to 138% of the federal poverty level — just as the House proposed.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

Legislation to strip key power of PERS Board passes both chambers

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mississippitoday.org – Bobby Harrison – 2024-04-27 15:39:23

Legislation that strips significant power from the board that governs the 's public employee pension program has passed both chambers of the .

Under the legislation set to go to Gov. Tate Reeves during the final days of the 2024 session, the Public Employees Retirement System Board would no longer have the authority to increase the contribution rate levied on governments (both on the state and local level) to pay for the massive retirement system.

The legislation, which passed both chambers in recent days, was a reaction to the by the board to increase by 5% over a three-year period the amount local governments contribute to each employee's paycheck for their retirement. Under the PERS Board plan, the employer contribution rate would have been increased to 22.4% over three years, starting with a 2% increase on July 1.

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The board said the increase was needed to ensure the long-term financial stability of the system that pays retirement benefits for most public employees on the state and local levels, including staff of local school districts and universities and community colleges.

City and county in particular argued that the 5% increase would force them to cut government services and lay off employees.

Under the bill passed by the Legislature there still would be a 2.5% increase over five years — a .5% increase in the employer contribution rate each year for five years.

In addition, legislative said they plan to put another $100 million or more in state tax dollars into the retirement system in the coming days during the appropriations .

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Under current , the PERS Board can act unilaterally to increase the amount of money governmental entities must contribute to the system. But under the new bill that passed both chambers, the board can only make a recommendation to the Legislature on increasing the employer contribution rate.

The PERS Board also would be required to include an analysis by its actuary and independent actuaries on the reason the increase was needed and the impact the increase would have on governmental entities.

In the 52-member Senate, 14 Democrats voted against the bill. Only one House member voted against the proposal.

Sen. David Blount, D-Jackson, said the bill failed to address the financial issues facing the system. He said a permanent funding stream is needed.

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Blount said, “You are moving in the wrong direction and weakening the system” with the bill the Legislature approved. “Is it painful? Is it going to cost more money? Yes, but we need to do it” to fix the system.

The system has assets of about $32 , but debt of about $25 billion. But Sen. Daniel Sparks, R-Belmont, and others argued that the debt was “a snapshot” that could be reduced by strong performance from the stock market. The system depends on its investments and contributions from employers and employees as sources of revenue.

The system has about 360,000 members including current public employees and former employees and retirees.

The legislation states that no changes would be made for current members of the system. The legislation does reference looking at possibly changing the system for new employees. But that would be debated in future legislative sessions.

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The bill does not include an earlier House proposal to dissolve the PERS Board, which consists primarily of people elected by the members of the system, and replace them with political appointees.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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