NPD officer Prater testifies at trial
Published 12:04 am Thursday, July 28, 2011
NATCHEZ — During a three-hour stint on the witness stand, defendant and Natchez Police Officer Elvis Prater tried to explain away evidence pinning him as the one who beat Jason Ellard in the back of a patrol car.
Prater was the only witness for the defense and the third witness of the day after two doctors who treated Ellard’s injuries testified for the prosecution.
Both sides rested and the jury heard closing statements Wednesday before federal Judge David Bramlette recessed court at 5 p.m. Jury deliberations will begin at 9 a.m. today. The trial started Monday.
In her closing statement, U.S. Prosecutor Fara Gold said several pieces of circumstantial evidence prove beyond a reasonable doubt that Prater beat Ellard while Ellard was handcuffed in the back of former NPD officer Dewayne Johnson’s patrol car.
“Use your common sense,” Gold said to the jury.
Testimony that Prater seemed angry at the station that night, that he walked outside at the time of the beating instead of using an inside hallway to get to the office, that he did not properly book in Jason’s brother, James Daniel Ellard, that he said, “When I get hit I hit back,” to a jailer before the alleged attack, and that he had blood on his hand hours later proved the case, Gold said.
“When the forecast calls for rain and you hear it on the roof and the driveway is wet — it rained,” Gold said, demonstrating how the jury should weigh circumstantial evidence.
Defense attorney George Lucas’ closing statement blamed Prater’s former co-defendant, Johnson, for the beatings in his patrol car.
“What about Dewayne Johnson?” Lucas said.
Lucas argued that if the jury were to look at circumstantial evidence to discover who beat Ellard, that they would see Johnson as the attacker.
Johnson drove Ellard in his car, where the attack allegedly occurred, and Johnson stole his credit cards and got his credit card PIN, Lucas said.
“It’s much more likely that Johnson broke Jason Ellard’s jaw then Prater,” Lucas said.
Johnson told the jury in court Tuesday that he is not a liar, thief or philander, Lucas said, even though Johnson admitted on the stand he stole credit cards, lied to the FBI and flirted with a woman whom was not his wife.
“I guess he’s just misunderstood,” Lucas said, sarcastically.
Gold turned Lucas’ argument against Johnson onto Prater.
“(Prater) gave an entire monologue about how he’s misunderstood,” Gold said.
On the stand, Prater explained his forced resignation from the Adams County Sheriff’s Department, where he was disliked for political reasons because he tried to do his job by arresting well-connected people.
Gold said Prater’s story about the events in May 2009 kept changing on the stand, which she said is what guilty people do because they cannot keep their lies straight.
During his testimony, Prater said he has had the same story since the beginning of the investigation.
Gold pointed out that Prater’s testimony on the stand was different from his statement in FBI reports.
Prater said he did not tell FBI Special Agent Claudia Arias he noticed a swollen eye on Main Street, like the report said, but only blood on Ellard’s facial area.
Gold suggested Prater changed his testimony after Dr. Michael Angel testified earlier in court Wednesday that swelling would take an hour or two to become visible.
Prater and Lucas both suggested Arias’ reports were inaccurate, which was supported by documents she confirmed she incorrectly dated.
Prater claimed the fight on Main Street was a life-changing event and one of the worst situations he has been in as a police officer, but he never beat Ellard for revenge.
“I’m not a vindictive, revengeful person,” Prater said.
Prater said when a jailer testified that Prater told him, “When get hit I hit back,” that he meant he got hit and hit back during the fight on Main Street.
Gold said in her closing statement that it wasn’t simply bad luck for Prater that so much circumstantial evidence fell into place.
“The stars were not out of alignment (for Prater) on May 23, 2009,” Gold said.
Gold said while the jury did not have to like Johnson, they should allow his testimony to fit into the rest of the big picture of evidence.
Lucas urged the jury to follow the judge’s instructions in determining reasonable doubt as they would assess reasonable doubt in decisions affecting their personal affairs.
“As long as you listen to what the judge told you (in his instructions), I think most of you know who was responsible for beating Mr. Ellard,” Lucas said. “And most of us know it wasn’t Elvis Prater.”
Sentencing for Johnson on charges of stealing and conspiring to use Jason Ellard’s credit cards is scheduled for Sept. 12, at which time the court could dismiss other charges.
Prater remains on unpaid administrative leave until remaining counts are retried.