Former Natchez police officer pleads guilty to conspiracy

Published 12:03 am Wednesday, June 29, 2011

NATCHEZ — Former Natchez Police Officer Dewayne Johnson pleaded guilty Tuesday in federal court to conspiracy to use Jason Ellard’s credit cards in May 2009.

The guilty plea was to one of six counts for which a jury was unable to reach a verdict after a weeklong trial ending March 2.

Johnson also agreed at the 30-minute plea hearing to a statement on the events that transpired the night and days following the incident, which was read at the hearing by U.S. Attorney Fara Gold.

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Parts of the statement placed Johnson’s co-defendant, NPD Officer Elvis Prater, 36, at the scene of the alleged beating of Jason Ellard.

Prosecutors allege Prater beat Jason Ellard in the back of Johnson’s patrol car after Jason Ellard and his brother Daniel exchanged blows with Prater outside Dimples Nightclub.

Johnson admitted, via the statement, that he stopped in the NPD parking lot and got out of his car to meet a woman and retrieve his phone charger — with Jason still in his patrol car — and then saw Prater “get out of the rear door of (Johnson’s) patrol car.” The statement said Prater had no reason to be in the back of Johnson’s patrol car.

Defense attorneys for both defendants argued during the March trial that Jason Ellard, who was hospitalized with a broken jaw after the incident, received his injuries on Main Street after being Tased and during the initial fight with Prater, not while in handcuffs in the back of a patrol car — like the prosecution suggested.

Johnson admitted in the statement that he did not notice any injuries to Jason Ellard on Main Street or during the transport to NPD, and that he was “shocked and surprised” upon noticing Jason Ellard’s injuries near the booking area, after the alleged beating.

The statement also contained admissions relating to the guilty plea.

The statement said Johnson took three debit or credit cards from Jason Ellard, who was in his patrol car, and returned Jason’s wallet to him at Natchez Regional Medical Center, where he was being treated for injuries, with the cards missing.

Johnson further admitted in the statement that he gave his cousin, Patricia A. Wilson, at least one of the cards and knew that she used it to make personal purchases at Walmart in Vidalia.

Johnson also admitted that he lied to the FBI about his involvement with the stolen cards.

Following the statement read by Gold about Johnson’s account of what happened that night and the follow day, Judge David Bramlette turned toward Johnson.

“Do you agree with what she said?” Bramlette asked.

“Yes, sir,” Johnson said.

Sentencing for Johnson is scheduled for Sept. 13, 2011. At sentencing, Johnson faces a maximum punishment of five years in prison for participating in the conspiracy and 12 months in prison for the civil rights offense based upon the theft.

Johnson must also pay approximately $300 in restitution to the bank and $350 in other fines.

Wilson, 34, of Ferriday, previously pleaded guilty to the same offense of conspiracy to commit at least one count of identity fraud, access fraud or bank fraud.

Johnson was found guilty in March of violating the civil rights of a man in his custody by stealing his credit and debit cards — the only guilty verdict a jury agreed on of the eight-count indictment.

Prater was acquitted in March of beating Daniel Ellard, who rode in Prater’s patrol car and sustained less serious injuries than Jason.

As part of the plea agreement, prosecutors agreed to recommend lighter sentencing. Bramlette noted the court has discretion on whether to follow sentencing recommendations.

Also in the plea agreement, Johnson waived his right to appeal the sentencing or dismissal of the case on the basis of double jeopardy — a motion his attorney, Dennis Sweet, made May 26.

Prosecutors filed to the court a publicly restricted plea package for Johnson June 20, which contained five exhibits.

The restricted documents contained a plea offer letter, a proffer agreement, a document called “Johnson summary,” a written statement by Johnson, a polygraph report and trial transcript.

Johnson faces additional charges of lying to the FBI and failing to protect Jason Ellard while Ellard was in his custody. Prater faces charges of the beating of Jason Ellard and lying to the FBI.

The case will be retried for the remaining counts July 25 in Natchez.