Deputies to appeal charge of trespassing

Published 6:00 pm Friday, September 2, 2011

Two Lawrence County deputies are appealinga trespassing conviction stemming from charges they entered aLincoln County man’s property without the proper authority,according to Lawrence County Sheriff Joel Thames.

    In an Aug. 24 hearing in Lincoln County Justice Court, Judge RalphBoone found Scott Stromo guilty of trespassing and Christian Davisguilty of trespassing and disturbing the peace. Both pleaded notguilty.

Subscribe to our free email newsletter

Get the latest news sent to your inbox

    Stromo was fined $446. Davis was fined $446 for the trespassingconviction and $436 for disturbing the peace.

    Stromo and Davis have remained on duty and Thames said he stronglysupports them.

    “I feel greatly that the judge erred in his decision,” said Thames.”I feel confident that on appeal, our guys will be vindicated tothe fullest.”

    Lincoln County Circuit Clerk Terry Lynn Watkins said as of Fridaymorning no appeal had been received yet. Neither Davis’ attorneyMalcolm Rogers nor Stormo or Davis could be reached forconfirmation of the appeal.

    The convictions arose from an incident that occurred Aug. 20, 2010.Stormo and Davis were on duty with the Lawrence County Sheriff’sDepartment and were investigating an attempted four-wheeler theftthat occurred in Lawrence County.

    In the course of their investigation, they entered Lincoln Countyand then entered property belonging to Alonzo Mackbee, according tothe court’s finding.

    Mackbee did not return calls for comment. However, according toundated written testimony included in court documents, he returnedto his home on Hopewell Road from work Aug. 20 and saw Stromo andDavis there.

    He was then questioned about a truck parked in his yard whichMackbee said belonged to his brother.

    The deputies proceeded to enter Mackbee’s house without permissionor a warrant and to likewise search the truck in question,according to Mackbee’s statement. Davis’ disturbing the peaceconviction is connected to Mackbee’s testimony in his statementthat Davis threatened him with physical harm.

    Mackbee wrote that he called the Lincoln County Sheriff’sDepartment, at which point Davis “told me that if I didn’t stop hewould ‘hit me upside my head.'”

    Lincoln County Sheriff Steve Rushing testified at the Aug. 23hearing and confirmed that he spoke with Mackbee on the phone andthat Lincoln County deputies were dispatched to the scene.

    Thames stated that his deputies were within the bounds of the lawat all times.

    Thames said his deputies were searching for a white suburban, whichwas reported to have been involved in an attempted four-wheelertheft in Lawrence County.

    They received information that a vehicle matching that descriptionwas on Hopewell Road and proceeded to travel to Lincoln County.

    According to Thames, his deputies saw a white suburban on Mackbee’sproperty. Two individuals were standing beside it and fled when thedeputies arrived.

    Thames said two relatives of Alonzo Mackbee’s, Lonnie and MitchellMackbee, have been indicted of the attempted theft by a LawrenceCounty grand jury.

    The deputies did not pursue the men but waited for Lincoln Countydeputies to arrive, Thames said. After approximately 40 minutesAlonzo Mackbee arrived and Lincoln County deputies after that.

    According to Thames, the Lincoln County Sheriff’s Department wasnotified prior to Stormo and Davis entering Lincoln County.

    However, Rushing said as far as he can determine, his departmentwas not notified of Stormo and Davis’ presence until they arrivedat Mackbee’s property.

    Thames said he feels strongly his deputies only did what wasnecessary.

    “I’m adamant about this,” Thames said. “If thugs come into mycounty and attempt to break the law and commit a burglary or theftthen I will go wherever I have to to see that justice is done,though certainly I will do it within the law.”