Natchez police officer Elvis Prater found not guilty

Published 12:12 am Friday, July 29, 2011

NATCHEZ — After two trials, two years of investigations and a cloud of trouble for Natchez Police Officer Elvis Prater, a jury of 12 acquitted him Thursday of beating Jason Ellard on May 23, 2009, and lying to the FBI about it.

When the verdict was announced as “not guilty” on both counts, Prater, 37, pointed to friends and relatives seated behind him and gave a thumbs-up before hugging his lawyers, friends and family.

“I told you not to worry,” he told his supporters, three of whom were crying.

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The jury, which was comprised of four black women, four white men, two white women, one Asian woman and one black man, deliberated for approximately two hours and 40 minutes before sending the judge notice they had reached a verdict.

“I’m back,” Prater said after the verdict was announced. “I’ll be back at work real soon.”

Prater repeated, “Thank God. Thank God,” as he walked out of the courthouse on Pearl Street.

Prater’s relative, Karrin Minor, said she has been praying for an acquittal.

“An innocent man was proven (not guilty) by 12 jurors. I thank God,” Minor said.

NPD Chief Mike Mullins said after learning the verdict Thursday Prater will return to work as early as today.

“(Prater) will be put back to work as soon as possible,” Mullins said.

Mullins said he will also recommend to Mayor Jake Middleton that the city pay Prater’s back pay owed to him since he’s been on unpaid administrative leave. Prater’s back pay will exclude any amount of money he has collected from unemployment compensation, Mullins said.

Prater’s attorney, public defender George Lucas of Jackson, said he felt gratified with the verdict. He noted the jury paid close attention and clearly followed the Federal Judge David Bramlette’s instructions.

“Mr. Prater looks forward to getting on with his life after two years of being under a cloud,” Lucas said.

Bramlette said before the verdict was announced he sometimes agrees and sometimes disagrees with jury verdicts, but he complimented the jury, regardless, for remaining attentive throughout the trial.

Bramlette also said before the verdict was published that both sides of the case had professional, well-prepared lawyers.

A few members of the Ellard family whom Prater was acquitted of beating in March at the first trial, were present during the reading of the verdict. They left shortly after the announcement.

Jason Ellard, whom Prater was on trial for beating, was not present to hear the verdict. Jason did attend the trial most of Wednesday, when both sides rested their case.

U.S. Prosecutor Fara Gold said in her closing argument Wednesday that the prosecution’s case was built on several pieces of circumstantial evidence that proved Prater beat Jason Ellard in the back of former NPD officer Dewayne Johnson’s patrol car. Gold suggested Prater beat Jason Ellard out of revenge for jumping him outside a bar on Main Street.

Johnson, Prater’s former co-defendant who testified Tuesday that he saw Prater coming out of the back of his car, was convicted of stealing Jason Ellard’s credit cards in March and pleaded guilty in June to conspiring to use the cards.

In Lucas’ closing argument, he said the circumstantial evidence provided by the prosecutors was not enough to convict Prater. Lucas also argued it was more likely Johnson beat Jason.

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 including a civil rights violation for failing to protect Jason in his custody and lying to the FBI.