Parish constable arrested Tuesday

Published 11:28 pm Wednesday, October 25, 2017


FERRIDAY — A Concordia Parish constable was arrested Tuesday afternoon for allegedly forcing his way into a home and pushing a woman while he delivered an eviction notice. But the district’s justice of the peace is standing by his constable and has filed charges against Ferriday Police Department.

District 1 Constable Michael James Kelly, 37, 153 Kelly Road, was charged with simple criminal damage to property, three counts resisting an officer with force, criminal damage to property, simple battery and home invasion.

Email newsletter signup

Ferriday Police Department Investigator Richard Madison said Kelly allegedly forced his way into the residence when the occupant attempted to shut the door on Kelly.

While reportedly forcing his way in, Kelly allegedly damaged the door, Madison said.

Once inside the residence, Kelly allegedly put his hands on the woman and pushed her into the door, Madison said.

Madison said officers were called and Kelly allegedly fought them while resisting arrest.

Madison said the second criminal damage charge relates to a warrant from earlier this month when Kelly showed up to the residence to try to post an eviction the first time. Kelly allegedly kicked and tore the screen door, Madison said.

District 1 Justice of the Peace Elijah “Stepper” Banks said Kelly contends he did not push the woman. Banks said he was present during the arrest and he did not witness Kelly force his way into the residence or resist arrest.

Banks said he did not go inside the residence where the alleged battery reportedly happened.

Banks said the first time Kelly attempted to deliver an eviction notice, Kelly was reportedly threatened by police officers that Kelly would be arrested if he returned.

Banks said Ferriday police contend the justice of the peace does not have jurisdiction over the eviction.

However, Banks said the case is within his jurisdiction because the title transfer is clear. Banks said the homeowner passed away recently, and the occupant had not been married to the homeowner, nor did she have any signed documentation showing she had the legal authority to stay there.

Banks said the title would go to the children and the still living wife of the homeowner. Banks said the family filed a complaint, the court hosted a hearing and Kelly was acting on a legal order from Banks’ court.

Banks also said due to the ownership of the property, any damage done would have to be filed by the homeowners. Banks said the family has not pressed charges.

Madison said he did not want to go into detail on the civil element of the case — only the criminal charges.

Banks said due to this incident he had filed charges against Ferriday Police Department with the seventh judicial district court. Charges are obstruction of justice, malfeasance in office, intimidation by a public official and contempt of court.

Kelly was released Wednesday on a $2,250 bond.

Kelly said he would limit his comments at this time, but said he was following the judge’s orders, which is his responsibility as a constable.