Ellards won’t serve jail time

Published 12:04 am Tuesday, November 8, 2011

NATCHEZ — The Ellard brothers will serve no time for fighting with two Natchez Police officers during a May 2009 incident outside Dimples Lounge.

Judge Forrest “Al” Johnson sentenced Daniel and Jason Ellard, who each pleaded guilty to misdemeanor simple assault and resisting an officer in 2010, to five days in jail for each count that was to be suspended upon payment of court costs.

The sentencing comes after two years of court proceedings for the Ellards, Natchez police officer Elvis Prater and former officer Dewayne Johnson all of whom were charged in the incident.

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The brothers claimed an NPD officer beat them up in a patrol car following their arrests after the fight. They testified about the beatings in the week-long trial of the officers in February and March.

Both admitted on the stand they fought with Prater on the street prior to the alleged beatings. Prater was acquitted in March of beating Daniel, who apparently suffered less severe injuries, and was acquitted in May of beating Jason, who was hospitalized for his injuries. A second trial was conducted after the jury returned only two of eight counts in the first trial.

The brothers and Prater testified in the first trial they all began to fight when Prater tried to place Daniel under arrest for not leaving the area shortly after an unrelated bar fight broke out inside Dimples Lounge. The brothers, who both admitted they were drunk at the time of the incident, said Daniel refused to leave when asked because he was waiting for Jason.

Johnson is serving a two and a half year sentence for stealing Jason’s credit cards while on duty and then conspiring to use them.

Prater said in a statement at the sentencing as a victim of the incident that the case was not about him or the Ellards. He said it was about what they each represented on the night of the incident.

“That night I represented peace and order, and they represented the complete and total opposite of that,” he said.

Judge Johnson called the incident a sad situation during the sentencing. He said neither law enforcement officers or civilians can take the law into their own hands.

“We could not exist as a society if people decided to do that,” he said.

Judge Johnson said there are individuals who have no business drinking alcohol.

“I suspect the two of you are some of those individuals,” he said to the brothers.

Judge Johnson said there was no question Jason sustained severe injuries following his arrest outside the lounge, and both brothers went through an ordeal as a result of the incident.

“I would be remiss in my duty as a judge if I did not take that into consideration,” he said.

Judge Johnson told the brothers their ordeal was partially a result of their own actions.

“You need to take a long, hard look at yourselves,” he said.