MOUNT IDA – A jury of six men and six women found Everett Anderson not guilty of two counts of terroristic threatening Friday after approximately three hours of testimony from officers and his accusers. He was found guilty of misdemeanor charges of resisting arrest and disorderly conduct.
The incident which led up to his arrest occurred September 28, 2015 on High Shoals Road in Montgomery County.
Prosecuting Attorney Andy Riner stated in his opening statement that the Bible instructs us to provide justice to the alien, the fatherless and the widow. He pointed out that that was the purpose of the trial, to defend the right of the alien, the fatherless and the widow.
Anderson’s attorney Shane Ethridge opened by acknowledging that the jury would probably find his client guilty of resisting arrest and disorderly conduct. However, he stated that he felt evidence would reveal that his client was not guilty of terroristic threatening.
The prosecution’s first witness was Edel Miller, one of the accusers in the case.
She recalled a vehicle pulling up on a neighbor’s property about 8:30 p.m. and turning off the lights. She said that her son, Marlin Miller, went to check to see who it was. She said a few minutes later her son called out and said that it was Anderson and he was going to kill him. She stated that Anderson tried to tear their fence down before he was arrested. She added that she told him to go home, but he continued to stand there and cuss her son.
When asked if she was scared of Anderson The 79 year old woman replied that if she saw him again she would kill him. She finally admitted to being a “little scared” when asked about how she felt the night of the incident. She also stated that he threatened to blow her F-ing head off. She admitted that she thought he was going to kill her.
She stated that he was acting crazy that night and that Anderson had threatened her son once before. She stated that she and her son had moved to Jessieville since the incident to get away from Anderson.
Under cross examination Miller admitted that she did not follow her son to the neighbor’s property and that she did not see a gun in Anderson’s possession.
Ethridge asked her if Anderson left before the police arrived, which would have given him an opportunity to dispose of a gun. She stated no.
Under cross examination Miller stated that “I’m not scared of him” in regards to Anderson, but stated that she did think he would have killed her and her son that night.
Under redirect by Riner Miller said she had no doubt Anderson said what he did. She added that when they first got to know him she tried to be good to him. She stated that she had fed him and given him clothes.
Several members of the Montgomery County Sheriff’s Office were questioned about the incident. Each man testified that they had responded to a 911 dispatch regarding a man with a gun threatening residents. They all stated that Anderson was cycle through a time of agitation and calm as officers arrived.
They each described a struggle that involved all of the officers and Anderson when they told him they were going to arrest him. After being handcuffed he continued to struggle with officers until they applied ankle shackles.
Under cross examination they all stated that they did not find a gun, nor did they hear Anderson threaten to kill the Millers.
Marlin Miller was the final witness for the prosecution.
He stated that he and Anderson had gotten along at times. He claimed that everything changed when Anderson was arrested on a DWI charge. He added that Anderson thought Miller had turned him in.
He claimed that Anderson had approached him before September 28 with an affidavit to sign stating that Anderson had not been drinking and driving the night of the DWI arrest. Miller stated that he refused to sign it because he didn’t want to get involved.
As to the night of the September 28, he testified that he approached his neighbor’s property with a light and a gun after seeing a van he didn’t recognize pull up and turn off their lights. He said that he saw Anderson approach him and he thought he saw something in his hand. He claimed that after he shined the light in Anderson’s eyes Anderson started to cuss him and then threatened to kill him.
At this point Miller stated he returned to the house. He added that Anderson continued to cuss him.
When asked by Ethridge if he told Anderson he would shoot him he stated he did and added that he had a right to defend himself.
Ethridge also asked him if he went into the house, which he answered that he stood on a screened in porch so he could watch Anderson.
Anderson did not testify, but the defense did give a stipulation that Anderson had permission to be on the neighboring property he was on the night of the incident.
In the closing arguments Riner stated that Anderson’s motive was he didn’t want to go to jail. He added that Anderson believed Miller had turned him in for a DWI which would lead to him going to jail.
Riner stated that Anderson got drunk and drove to the neighboring property to provoke the Millers.
Ethridge stated in his closing argument that his client was disorderly and he did resist arrest, but at no time did any of the officers testify that they heard Anderson threaten to kill the Millers, nor did they testify that they found a gun.
After a short time of deliberation the jury found Everett Anderson not guilty of two counts of Terroristic Threatening, a class D felony, and was found guilty of the misdemeanor charges of resisting arrest and disorderly conduct.
The Jury sentenced him to one year in county jail for the resisting arrest and 30 days in county jail for disorderly conduct. The sentences will run concurrent with credit for time served.
