Barbour County District Attorney Investigator Arrests Driver of Car Where Eufaula Police Chief and Officer Used Deadly Physical Force On Passenger

Rickey Stokes

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Posted by: Marx Henderson
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334-790-1729
Date: Oct 19 2013 12:47 AM

BARBOUR COUNTY AL: Barbour - Bullock County District Attorney Investigator Lee Hamm swore to an arrest warrant on Joshua Keith Kelly. The arrest warrant was for Trafficking In Marijuana, in excess of 2.2 pounds and less than 100 pounds.

The arrest warrant was sworn to by Investigator Hamm on October 17, 2013, and Kelly was arrested on the same date. The place of occurrence was Highway 431 North of Eufaula. The case number in the Barbour County Circuit Clerk's Office is DC 2013 - 487.

The arrest warrant was filed in the Barbour County Circuit Clerk's Office on October 18, 2013. A bond has been set in the amount of $ 75,000.00.

Sources have indicated that Kelly was driving a black M-35 Infinity, which was stopped by the Eufaula Police Chief and a Eufaula Police Officer. Then after the stop and in a series of events, the Eufaula Police Chief and Eufaula Police Officer used deadly physical force that resulted in the death of Cameron Massey.

Sources have said that Kelly was the driver of the Infinity M-35 and Massey has been identified as the passenger of vehicle.

After Massey was shot, Eufaula Fire - Rescue transported Massey to Medical Center Barbour where he was later pronounced dead. A autopsy was ordered by Barbour County Coroner Chip Chapman. The autopsy and medical examination was performed by the Alabama Department of Forensic Sciences.

The use of deadly physical force used by the Eufaula Police Chief and Eufaula Police Officer is under investigation by agents of the Alabama Bureau of Investigation. After the medical examination, the confiscation of the weapons of the Eufaula Police Chief and Eufaula Police Officer, and the investigation by the Alabama Bureau of Investigation, they will be able to positively identify the weapon which the bullet was fired from that caused the death of Cameron Massey.

Eufaula Mayor Jack Tibbs issued a statement today asking for the community to be patient until the investigation is completed by the Alabama Bureau of Investigation. Tibbs said there are a lot rumors circulating, but encouraged everyone to be patient for the factual investigation by the Alabama Bureau of Investigation.

HOW THINGS WILL UNFOLD

When the shooting occurred and law enforcement was involved, agents of the Alabama Bureau of Investigation were called to the scene. Under "normal" circumstances, the officers would secure the scene, separate the officers involved, and secure their firearms.

Since the Chief of Police was involved, I am not sure how things were handled by the persons under the Eufaula Police Chief Command.

However, once agents of ABI arrived, the following is a normal sequence of events;

(1) secure the scene (2) agent goes to the hospital to assist the Coroner with the body examination and physical evidence of the body (3) place hands of the victim in paper bags to protect any evidence on the hands or under the finger nails, wrap the body with the sheets under and on top of the body at the hospital (4) agents on the scene, remove the officers involved from the scene (5) remove the weapons from the officers along with any clips that contain bullets (6) secure the vehicle of the suspect and the officers vehicles (7) secure any video and audio from any recording devices of the law enforcement vehicles (8) secure the telephones of the officers and suspects involved (9) locate and mark any and all evidence on the scene (10) photograph and video tape the scene (11) secure any and all audio recordings captured at the police headquarters of the police radios and telephones (12) secure any and all paper documents within the police department containing this incident (13) secure the audio and video of all officers which responded to the scene (14) begin taking statements of all persons involved - other suspect with Massey ( Kelly ), officers which responded, communications officers which handled communications, EMS and Fire, if the information is correct the suspect(s) were on the phone with the Mayor, statement of the Mayor and his staff. If his cell phone of the Mayor was the phone used to receive the call secure his phone (15) statements of the officers involved, separate. Taped and video statements (16) review of the probable cause of the officers for the traffic stop (17) review of the Eufaula Police case file if these two persons were suspected drug dealers or users and were under surveillance by Eufaula Police for suspected criminal activity. NOT saying they were, just outlining steps normally taken in an investigation (18) blood, urine and hair samples of the officers involved and the suspect that was with the victim. Samples of blood, urine, hair and vitreous samples from the victim to determine if any drugs are in the system. (19) a review of the District Attorney file which resulted in the arrest warrants which were issued for Kelly for the Trafficking in Marijuana case. The reason for a review is to make sure the case against Kelly has the sufficient probable cause required in order to make an arrest and is a legitimate arrest. It is not the duty of the investigators to determine the guilt or innocence of Kelly, but to make sure that the facts surrounding his arrest for Trafficking consists of sufficient probable cause. (20) in the daylight hours, a complete review of the scene again, to make sure that all evidence was found, documented and recovered. (21) detailed photographs of the suspect Kelly, and the officers (22) securing the clothing garments of the suspect Kelly and the officers involved in the shooting for any evidence or DNA evidence (23) a detailed examination and evidence recovery of the vehicles in the daylight.

While the steps above are not all inclusive of the steps in the investigation being conducted by the agents of the Alabama Bureau of Investigation, they are some of the steps which will be taken. As the investigation progresses, the agents will most likely keep a timeline of their investigation and steps, documenting and securing all evidence, and evidence records and logs detailing the evidence.

This is only meant to show you that the investigation into cases like this are detailed and thorough and takes an extreme amount of time.

And remember, the day before agents of the Alabama Bureau of Investigation initiated a thorough investigation into the required use of deadly physical force in Ozark Alabama. So they have two separate officer involved investigations on going at the same time.

So please be patient.

A permit has been issued for a march to begin at 1 PM on Monday in Eufaula.

TRUST IN THE ALABAMA BUREAU OF INVESTIGATION

The leader of the Dothan Office of the Alabama Bureau of Investigation, Barry Tucker, has retired from the Alabama Department of Public Safety. Tucker was one of the best investigators employed by the Alabama Bureau of Investigation. He was honest, above board, thorough, intelligent, professional and trustworthy.

While I do not know all of the agents assigned to Dothan, I do know some of the agents assigned. Some I saw on the scene were trained under Tucker and possess the same qualities as that of Tucker.

Based on my visual sight of those officers which are trust worthy like Tucker, I will be patient on their investigation into the officer involved use of deadly physical force.

I will not even begin to say all officers are honest and trust worthy. In fact, if some I know were involved I would be in Eufaula Monday helping with the march. And if the Circuit Court Judge, Smithhart, was involved, I would be in Eufaula Monday helping with the march. However Smithhart is not involved. Hopefully the ABI Agents will go to the District Court Judge for search warrants. I do not know the District Court Judge, so I will reserve comment.

I do not know the District Attorney Investigator involved. I have caution on some in the District Attorney's Office in Barbour and Bullock County.

But I place a lot of trust and confidence in some of the agents I personally saw on the scene with the Alabama Bureau of Investigation.

Kelly Warrant by rickystokesnews