Lowndes County is facing a federal lawsuit stemming from an alleged wrongful arrest in 2015.
Lowndes County Sheriff’s Office arrested Javonte Ellis, then a New Hope High School student, on suspicion of statutory rape on March 26, 2015. Ellis was taken into custody at New Hope High School “in front of his classmates and teachers,” according to the suit. He was booked into Lowndes County Detention Center and held on $10,000 bond.
The charge was dropped on April 14, 2015, because the age gap between him and the female with whom he was accused of having intercourse did not meet the minimum required by law.
Tupelo attorney Victor Fleitas filed the suit on behalf of Ellis on Sept. 29 in the U.S. District Court of Northern Mississippi in Aberdeen. The suit names Lowndes County, Sheriff Mike Arledge, Lowndes County Sheriff’s Office Det. Will Spann, Justice Court Judge Ron Cooke and Ohio Casualty Insurance Company as defendants.
The suit says that Ellis, an honor roll student and football player, was expelled from school and barred from attending his graduation due to the arrest.
The suit seeks punitive damages, the amount of which is to be determined by the court.
The complaint accuses Spann of filing a false affidavit for sexual battery, without probable cause, against Ellis in March 2015. Spann, the suit says, was “subjectively aware” Ellis wasn’t old enough to be charged with the offense. Further, the complaint claims that the detective intentionally withheld exculpatory information — information that would have been beneficial to proving Ellis’ innocence — from Cooke. The suit says he did this by failing to tell Cooke about the lack of probable cause due to Ellis’ age. Ellis was 17 at the time of his arrest, and less than 36 months older than the 14-year-old.
According to state law, statutory rape occurs when “any person 17 years of age or older has sexual intercourse with a child who is at least 14 but under 16 years of age, (who) is 36 months younger than the person and not the person’s spouse.”
Ellis was a few days younger than the 36-month threshold.
Neither Spann nor Cooke inspected the affidavit to confirm that information, the suit alleges.
The suit says Spann is liable for damages because he “knowingly and willfully neglected to perform” several of his required duties” and “otherwise violated his official obligations.” It likewise says Cooke failed to carry out his duties by approving the detective’s warrant and the initiation of a “baseless” prosecution against Ellis.
It names Arledge, as sheriff, as liable for the detective’s actions.
Both Arledge and Spann declined to comment to The Dispatch when reached Tuesday. Cooke did not return calls for comment.
LCSO officers also arrested 18-year-old Brenton Mikael Spann and 18-year-old Tyler Ridge Staples in the case. A grand jury has since opted not to indict Stapes, according to District Attorney Scott Colom. Neither justice court nor Lowndes County Circuit Court had a case file for Mikael Spann.
Alex Holloway was formerly a reporter with The Dispatch.
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