Battery Charges Dropped Against Century Town Employee

June 23, 2009

Charges have been dropped against a Town of Century employee that reportedly left a state prisoner unattended in a store parking lot while he got into fight inside the store.

The case of Robert Allen Powell, 56, of McDavid was scheduled to be heard Monday in front of an Escambia County jury, but prosecutors dropped battery charges against him.

According to reports filed with the Escambia County Sheriff’s Department, Powell allegedly got into a fight with Randall Keith Grimes, 47, of Century at the town’s Dollar General store in late January.

Powell stopped at the Dollar General in a town truck along with a prisoner from the Century Correctional Institution that was on work detail for the town, according to the ECSO report. Powell reportedly went into the store to purchase cold medication, leaving the prisoner unattended in the parking lot. Inside the store, Powell ended up in the altercation with Grimes, the report said.

Their stories differ on what happened. Powell told deputies that Grimes called him names and then punched him. Grimes said Powell called him a “retard” and a “bastard” before Powell punched him in the face. Powell told deputies the entire incident stemmed from Grimes’ involvement with his ex-wife.

The report says store surveillance video shows that Powell threw the first punch, according to the ECSO report. Powell was arrested on a battery warrant, and released on a $2,500 bond.

Powell filed for a restraining order to keep Grimes away from him, but that order was denied by Circuit Judge Kim Skievaski.

The only action the Town of Century took against Powell for leaving the prisoner unattended was a verbal reprimand, according to Mayor Freddie McCall.

The big issue for some members of  the Century Town Council was not the fight, but the fact that Powell left the prisoner unattended outside the store.

McCall told the council at a February 16 meeting that the prison would give one of their own employees committing the offense a verbal or written warning the first time. The second offense would bring a written warning. The third  offense would be met with three to 10 days suspension, and termination would take place on the fourth offense.

The council was reportedly advised by Matt Danheisser, their attorney, that any employment policy could not be made retroactively to apply to Powell.

“Our working rules call for a verbal reprimand, and I issued one,” McCall said at that February council meeting.

Council  President Ann Brooks said that the town would address any possible future similar situations with a policy to be discussed when the town works on a policies and procedures manual.

McCall said Powell will not be able to supervise an inmate until after his court process is complete, but McCall said prison officials had stated that he would be able to supervise prisoners in the future.

McCall said the prison system would “overlook” the fact that Powell stopped to get the cold medicine, and that the prison warden did not consider it a big problem.

Comments

3 Responses to “Battery Charges Dropped Against Century Town Employee”

  1. Beegee on June 24th, 2009 3:18 pm

    No,I am not surprised…..

  2. David Huie Green on June 23rd, 2009 3:30 pm

    sometimes even when you are guilty, a reasonable jury will look at the people involved and decide not to convict on the grounds that the charges are stupid or the crime made sense in context

    even so, it would have been an interesting trial to watch

    wise of the prosecution to decide to drop the matter

  3. noh8rs on June 23rd, 2009 2:50 pm

    Is anyone surprised?

Written by William Reynolds · Filed Under News