The city of Columbus retired the simple assault case against John Musa to the files, according to Musa’s attorneys.
Musa, widely known as the owner of United Deli, 212 Tuscaloosa Road, was arrested and charged with simple assault in February after allegedly holding a man at gunpoint at a property he owns on Alabama Street. Musa claimed the man was stealing copper from an air conditioning unit.
Musa was supposed to have his day in municipal court at 1:30 p.m. Monday, but Tim Hudson, one of Musa’s attorneys, told The Dispatch he was informed about 9 a.m. that the case had been retired to the files.
The order, signed by Judge Rhonda Hayes-Ellis, said the case had been retired because “… upon review state unable to meet burden of proof.”
Retiring a case to the files is not the same as dismissing charges, explained former district attorney Forrest Allgood, who is also representing Musa.
“It means the state or the prosecuting authority is not going to pursue it,” Allgood said. “It’s not the same as a dismissal or a dismissal with prejudice. A dismissal with prejudice means it ain’t coming back. It’s knocked in the head, it’s dead.”
Technically, the case can be “… trotted back out and prosecuted at a later date,” Allgood said.
Hudson said he was going to ask the judge to amend the retirement order to dismiss the charges with prejudice.
“If that happens, we’re happy,” Hudson said. “If it doesn’t happen, (Musa) will decide whether to appeal it or to file a motion to set (the retirement) aside and get it back on the docket.”
Musa wants the case over with, Hudson said.
“All along (Musa) has wanted his name cleared,” Hudson said. “… Try it, win it, or dismiss it for good. We want a resolution in this case.”
Musa declined to comment, directing any questions to Hudson.
The arrest, and an outpouring of public support
Musa was arrested in the early morning hours of Feb. 28 at a building he owns at 114 Alabama Street. A motion sensor mounted near the HVAC units went off, alerting Musa that someone was on the property.
He allegedly drove into town and confronted a man in the parking lot, holding him at gunpoint until law enforcement — first Lowndes County Sheriff’s Office deputies, then Columbus Police Department officers — arrived. He told them he suspected the man of stealing copper from his air conditioning units.
Police said at the time there was no evidence of any damage to the HVAC units, and Musa was arrested and charged with simple assault for holding the suspect at gunpoint.
Musa told The Dispatch at the time he had been having problems with people stealing copper from HVAC units and refrigeration units at the site, and had installed the motion sensor and a camera in an attempt to identify the culprits.
Members of the community rallied behind Musa, including starting a GoFundMe to help him recover economically from the thefts. It would eventually raise over $28,000.
In April community members volunteered to work at United Deli, performing renovations and repairs while Musa was on vacation.
Brian Jones is the local government reporter for Columbus and Lowndes County.
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