Local attorney Steve Wallace has been cleared of all charges of his alleged role in an underage drinking raid in April.
Wallace, 60, of 300 Aldridge Road in Caledonia, appeared in Lowndes County Justice Court Tuesday where he faced 13 counts of violation of the social host law and one count of selling alcohol without a permit.
The charges stemmed from a April 1 incident where Wallace’s son, Steven Colton “Colt” Wallace, 18, threw an after-prom party where alcohol was sold and served to minors. Colt Wallace was a high school senior at Caledonia High School at the time of the incident.
Colt Wallace pleaded guilty Tuesday to one count selling alcohol without a permit, one count possession of beer with intent to sell without a permit and one count possession of liquor with intent to sell without a permit.
Because Steve Wallace is a local attorney and acts as a public defender, both the judge and prosecuting attorney were from out of town.
Prosecuting Attorney Marvin Sanders from the State Attorney General’s Office out of Jackson asked Judge Dorothy Stewart, a Justice Court Judge from Noxubee, for the maximum fine for Colt Wallace. Sanders asked that Colt Wallace receive a $500 fine for the two counts of possession of alcohol with intent to sell without a permit and a $1,000 fine for selling alcohol without a permit. The prosecutor also asked that Colt Wallace receive one year of supervised probation, 30 days of community service and a suspended sentence of one year and thirty days in custody of the Lowndes County Adult Detention Center.
William Starks, Colt Wallace’s attorney, asked Judge Stewart for a “less stringent fine,” asking the judge to cut the fine in half. Starks also asked Stewart to consider reducing Wallace’s probation to six months or less.
Stewart granted Starks request and reduced the fine to $1,000 and issued a sentence of two months probation. Once the court added the court costs to the fine, the amount totaled $1,699. Starks then again asked the judge to reduce the fine again. The judge again worked to lower the fine. By removing one of the court costs from the nearly $1,700 fine, the new fine totaled $1,410.
The father
The court then addressed he matter of his father, Steve Wallace.
Alcohol Beverage Control Agent Jason Counts testified that ABC’s investigation began on March 28, 2012, when several concerned citizens contacted ABC and notified them that Colt Wallace was allegedly hosting an after-prom party where alcohol would be sold to minors. Counts told the prosecution that for $10, minors could purchase a wristband that would allow unlimited access to alcohol at the party.
As lead agent on the night in question, Counts testified he sent fellow agent Brent Vandiver and an underage minor female to the party to obtain alcohol. Both Colt Wallace and Steve Wallace later testified that the party took place inside a shop on the north part of the Wallace property. Steve Wallace testified that both of his children frequently use the shop to host get-togethers with their friends.
Counts told the prosecution that Agent Vandiver and the informant entered the party just after midnight and were inside approximately 50 minutes. When Vandiver and the teen emerged from the party, they indicated they had succeed in purchasing two wristbands from Colt Wallace. Agent Vandiver testified that Colt Wallace did not ask him his age before giving him the wristband nor did he ask the age of the underage girl accompanying Vandiver. Vandiver stated that Colt Wallace then served the ABC agent and the teenager a beer and a vodka.
According to the agent, there were “several hundred” people at the home and he then contacted the shift supervisor with the Lowndes County Sheriff’s Department and requested backup. Counts stated Agent Vandiver left the party at approximately 1 a.m. and returned with Lowndes County deputies fifty minutes later at 1:50 a.m.
Counts testified when he walked up to the party he saw Steve Wallace sitting on the tailgate of a white pickup. When the agent approached the attorney and asked for identification, Wallace reportedly replied, “This is my private residence, I don’t have to show you any ID.”
When the agent walked into the shop, he told the prosecution the place was littered with red Solo cups and beer cans. He also testified a bar was set up in addition to two kegs, a beer pong table, a DJ booth and a dance floor.
According to Counts, teens immediately began to scatter, throwing down their cups and running out the back door of the shop. Some tried to escape into the adjacent woods.
Counts stated Steve Wallace initially took all the blame for the party, telling the agent he would “take all charges” and that he was “responsible.”
Wallace was then issued a citation in violation of the social host law. Thirteen underage minors were also issued citations for underage drinking.
Under Mississippi Senate Bill 2957, the social host law states, “No adult who owns or leases a private residence or private premises shall knowingly allow a party to take place or continue at the residence or premises if a minor at the party obtains, possesses or consumes any alcoholic beverage, light wine or beer if the adult knows that the minor has obtained, possesses or is consuming alcoholic beverages, light wine or beer.”
James Underhill, 21, then took the stand. Underhill, who was 20 at the time, testified Colt Wallace gave him $220 to purchase two kegs from Underhill’s employer, Mitchell Distributing. Since Underhill was underage, he gave the money to Hauerwas, who actually purchased the kegs for the party.
Underhill delivered the two kegs of Bud Light Friday, the day before the party. While leaving the house, Underhill ran into the older Wallace in the driveway where they had a brief conversation. Underhill testified that Steve Wallace had no knowledge of the kegs.
Micheal Varner, Austin Mordecai and Tiffany Crowden testified to what they each saw that evening. All three were arrested the night of April 1 and each charged with possession of beer by a minor.
Micheal Varner, 19, of 39 Ruby Lane in Columbus, stated he arrived at the party 10-15 minutes before the police showed up and did not see Steve Wallace at the home.
Austin Mordecai, 18, of 2144 Crews Road in Sulligent, Ala., testified that he also had only been at the home 10-15 minutes before the police arrived but testified that he saw Steve Wallace “circling around” the party observing the teens drinking. Mordecai testified it was “pretty obvious” that the kids were drinking alcohol but that Wallace made no effort to stop the party.
Tiffany Crowden, 17, said she attended the party and stated she bought a $10 wristband from Colt Wallace. Crowden testified she only had “one sip” of alcohol before the party was shut down by ABC.
Agent Vandiver then took the stand and testified to everything he had witnessed that evening. The agent, who was wearing plain clothes at the time and was not immediately identifiable as an ABC agent, testified Steve Wallace appeared at the party sometime before 1 am. He stated he saw Steve Wallace and Colt Wallace have a verbal exchange in the middle of the dance floor. Once the two were finished talking, Vandiver testified Colt Wallace grabbed the microphone from the DJ booth and instructed the teens to move their vehicles out of the road.
Vandiver stated the alcohol was in “plain view” of Steve Wallace.
After Vandiver’s testimony, the State rested.
Steve Wallace’s attorneys, Carrie Jourdan and Michael Farrow, appeared before the judge and asked her to dismiss the case on the grounds the state had not adequately proved the ages of the minors. Jourdan stated that other than the three teens who had testified to their age, the State failed to provide birthdates for the underage minors who consumed the alcohol. Jourdan moved to dismiss 10 of the thirteen counts against Steve Wallace.
Judge Stewart reserved the right to dismiss until after the defense presented their case.
The son’s testimony
Colt Wallace then took the stand for the defense, testifying he lied to his father to believe the party would be a “little get-together” with “no alcohol whatsoever.” However, when questioned by the prosecution, Colt Wallace testified, “It’s obviously a high school party so there’s going to be a little bit of alcohol there. How much was the question.”
Colt Wallace testified he and three of his friends, Andrew Davis, Andrew “Drew” Hankins and Ceaton Cox planned the party and sold receipts to offset the cost of purchasing the kegs. Once the kegs were purchased, the kids who already paid the $10 received a wristband. Colt Wallace stated he arrived back at his father’s house around 10:45 p.m. Within hours he stated there were over 250 people at the party. The teen testified his father arrived shortly before 1 a.m.
“Once I saw him, I knew it was over with from there. I could see the anger on his face,” Colt Wallace stated.
Colt said his father was “livid” and he, Davis, Hankins and Cox began trying to get people to leave.
Steve Wallace testified that while he knew of the party, he did not know there would be alcohol. During his testimony, Steve Wallace stated he had been at the mayor’s Unity Picnic earlier in the evening before he and girlfriend Cathy Wilkes Bailey took a hot rod to the prom so Colt could drive it around the parking lot. Steve Wallace stated he and Bailey then went to her house where they watched the playoffs before Wallace fell asleep. The boy’s father testified he then woke up and decided to go home to “check on things.”
When he arrived, Wallace stated “kids were everywhere.” He then approached a teen who was driving across the yard, spinning his tires and “counseled him” before the teen left. He said that when he tried to make people leave, the teens responded “Who is this m-f-er?” and that the teens “would curse me.
“Frankly, I was frightened,” Wallace testified.
Steve Wallace said he then sought out his son and told him to shut the party down. Wallace repeatedly stated that he was frightened by the teenagers, saying, “I’m 62 years old. I’m not a 20-year-old ranger, and I don’t have a little tin star to hide behind.”
Wallace stated, “I was just about to call the law myself,” but he refrained because he didn’t want to “embarrass” his son.
Wallace denied any wrongdoing in the evening saying, “I spoil my children, especially since their mother died. I admit that. But if I’d had any idea there would be drinking at my house, I darn sure would have shut the party down.”
Jourdan then appealed to Judge Stewart in her closing remarks, saying Wallace did “what any parent would do” in such a situation and asked the court to find Wallace not guilty. Further, she again asked the court to dismiss the charges because the state offered “insufficient proof” concerning the ages of the teens.
Judge Stewart paused briefly and then handed down her judgment to dismiss all charges. According to Stewart, the party was a problem that “just got out of hand,” adding, “children can fool their parents.”
“I have nothing to say,” Steve Wallace said when approached by the Dispatch after the trial.
“You know, everybody is innocent until proven guilty,” said Farrow, Steve Wallace’s attorney. “This community needs to adhere to that. This was much ado about nothing Mr. Wallace could control at all.”
Josh Haeurwas was also tried yesterday where he was found guilty of on one count possession of beer by a minor and was fined $400.
Sarah Fowler covered crime, education and community related events for The Dispatch.
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