Heather Ellis Could Face Prison Time After Cutting the Line at Walmart

[Blue-Jay]

The prospect of spending 15 years in jail was probably the last thing on a Missouri woman's mind nearly three years ago when she switched checkout lines at a Walmart store.
Heather Ellis could face 15 years for allegedly assaulting police officers at a Missouri Walmart.
Heather Ellis, inset, could face up to 15 years in prison after allegedly assaulting police officers who asked her to leave a Walmart store in Missouri when she cut a line to be with her cousin.


But jail's a possibility for Heather Ellis, 24, who goes on trial today for charges stemming from a dispute at the Kennett, Mo., Walmart.

Ellis faces charges of disturbing the peace, trespassing, resisting arrest and assaulting police officers after she became "belligerent" when she was asked to leave the store Jan. 6, 2007, authorities say.

The schoolteacher could face 15 years in prison, if convicted.

But Ellis, who is black, has said that the charges are racially motivated, and that she has been unfairly targeted, which authorities deny.

http://abcnews.go.com/WN/woman-cut-line-walmart-prison/story?id=9107365

[gratuitous]

1. Don't switch the line if you can't do the time

Ms. Ellis faces the prospect of more time in jail than Scooter Libby served for betraying an intelligence agent in war time. Is this a great country or what?

[KittyWampus]

3. no, she's facing time for assaulting people & claiming racism later on diminishes the very real

and numerous instances when it does happen.

[depakid]

6. Yep- she looks like a real menace to society

[KittyWampus]

9. aw, too bad we don't have her baby picture too. Maybe a statement from her Mama...

[depakid]

12. Reading posts like yours makes one realize that how richly many Americans deserve

their decline into third world socioeconomic status- brought about in part by building and maintaining the world's largest and most expensive prison system- often at the expense of education and other worthy and ECONOMICAL goals.

This woman probably deserves 80 hours picking up garbage by the side of the road- and people are actually taking the prospect- even if remote of 15 years seriously, as if it were warranted.

That's just sick- and mirrors a sick society. Actually, a cowardly people and society, but that's a topic for another thread.

[KittyWampus]

15. and your reactionary screaming shows why the Left gets so little done. I NEVER said she deserves

15 years. Did I?

[depakid]

23. It wasn't directed at you personally- but at the prevalent attitude

which is often accompanied by callous comments like the one above.

And lest anyone think the attitude isn't pervasive note how infrequently executive clemency is invoked to remedy these sorts of injustices and disproportionate sentencings.

Governor are afraid that by doing so, they'll be labeled "sofy" on crime.

[Joe Chi Minh]

17. You said it all. 80 hours community service.

[Skip Intro]

20. I'm sorry, but your post makes me suspect your mind was made up from the headline alone -

without even contemplating the facts as we know them, from reports and from witnesses.

She isn't facing time for cutting in line. She's facing time for resisting arrest and assaulting a police officer. She isn't going to get 15 yrs, that is, as you admit, remote. It is further than remote. It won't happen. She'll get some punishment, as she should, if she is indeed proven guilty. My guess is the tapes will be the deciding factor.

My question to you is, should there not be a severe, maximum penalty for assaulting a police officer? What kind of society would we be living in if it were permissible to bloody or bruise a police officer?

This particular case impresses me as someone who, feeling that she was somehow better than the others in that line, and that the rules didn't apply to her, decided she didn't want to wait any longer, so cut into the line, in front of others who were waiting their turn. And then became hostile when called on it. It's called the consequences of one's actions. And then to scream racism afterward? Please. I don't feel sorry for her one bit.

[depakid]

26. It's been accurately described as a scuffle!

And yes- I'm well aware of the facts, as the case has come up many times before.

As to your question- there's something called prosecutorial discretion- and should have long since been exercised here. That it hasn't been (in this case and many others) tells us a LOT.

And it's no surprise that you don't feel "sorry for her one bit." that's a very common thing these days. Almost, in some senses a survival mechanism.

[Skip Intro]

37. Has been described many ways. The bottom line is simple:

From what I've read on this, reports and witness accounts, it appears she cut in line, which caused objection of the cashier and others in the line she cut in front of. A manager was called, evidently told her she couldn't cut into the line, and should move to the back of the line (behind people who were waiting in front of her) or leave. She refused to do either. At this point business is being disrupted. Cops are called.

From this point things become hostile. Either police acted properly and asked her to leave or face arrest, and she refused to leave and resisted arrest, at some point assaulting the officer, or the police called her racial slurs and physically attacked her, and the witnesses made it all up and she's an innocent victim.

I have little doubt that the tapes will show what happened. If she's guilty of crimes she should be treated like anyone else guilty of the same crime.

And it isn't some survival mechanism that renders me free or sympathy, it is rather a belief in right and wrong, actions and consequences.

[depakid]

40. See there's a lack of reasonableness and proportionality at it again

twisting a misdemeanor case that deserves AT BEST probation and public service into some raging felony!

And you wonder why so many of your states are bankrupt and failing!

[Skip Intro]

44. What? Where? Where is a "lack of resonableness" in what I said?

I said she deserves the same consequences, if she committed a crime, that anyone else would get. How is that unreasonable?

Should she maybe instead get a free trip to Hawaii?

:shrug:

[depakid]

45. Correct me if I'm wrong. but you support piling on charges here

and turning a minor incident into a felony with prison consequences.

And that should be what everyone under similar circumstances gets?

[Skip Intro]

46. Woah. I don't know how you got that from what I said. You're assuming alot about alot, imho.

I've said all along, if she's guilty, she should get the same as anyone else would. That's called fairness. Equality under the law.

I've also said there is no way she'll get a 15 yr sentence, that is the extreme maximum. Now I don't have a problem with there being a tough maximum punishment for assaulting a police officer because I do think such actions should carry consequence, and if those actions are extreme, or are repeated by the offender, then there should be a leeway for the maximum sentence to be handed down. But I don't believe this is such a case.

No, I don't agree with "piling on charges" and I don't see any reason to believe that has happened here. What I do believe is that if a law was broken, especially in the presence of law enforcement, then there should be charges filed against the offender. Don't break the law, no charges. Break the law, charges. Couldn't be more simple. Fair trial? Absolutely. Punishment fit the crime? Absolutely. Leniency allowed in sentencing if warranted? Absolutely.

From what I've read about this case, my gut is as I've said - she cut in line, got called on it, made a scene, disrupted business, refused to leave, resisted arrest, and I suspect assaulted police. As I've also said, the tapes will likely show what happened. If she's guilty, she should get a fair punishment for her offense(s).

I'm not buying racism charge. It appears to me that she's using that as an attempt to escape having to accept the consequences of her actions. Either that, or the Wal Mart employees, the witnesses, and the police are all in some grand racist conspiracy against this woman. Yeah, I just don't quite buy that.

[Skip Intro]

7. Exactly. nt

[izquierdista]

21. "Claiming"

I've been to that Wal-Mart in Kennett, and have no problem believing that "claim" at all. If you took a drive around Kennett blindfolded, you could count a dozen Confederate flags.

[RayOfHope]

28. Absolutely. When I saw that it happened in Kennet (being from MO), I though the same thing n/t

[RayOfHope]

31. Ever been to Kennet, MO? It would not surprise me one little bit if it were racially motivated.

In fact, as soon as I read that it happened in Kennett, it all made sense. Pretty intolerant of non-white folks down there.

[Deja Q]

8. She deserved her punishment. Libby deserved far more for his crime...

Don't cut in line.

I don't.

I loathe it when others do.

Unless the person is choking, on fire, wanting to rob the place, or wanting to have sex with me, THERE IS NO EXCUSE FOR DOING SO.

[yodoobo]

2. Sounds like she handled herself well.

gheesh

[depakid]

4. The mere fact that she MIGHT face 15 years under these facts

goes to show how sick America has become- or in Elli's particular case, how sick it remains.

[Cali_Democrat]

5. Yep. n/t

[RC]

13. Out in less than 10 for killing someone.

80 hours picking up trash along the road is more appropriate.

[kctim]

18. Then what punishment would she deserve for

"trespassing, resisting arrest and assaulting police officers?"

Funny how EVERYTHING is ignored and this is being made out to be about only 'cutting in line.'

[cali]

22. she won't get 15 years, and I doubt that's what the prosecution is asking for.

She'll probably get something like the 80 hours of community service you suggested was appropriate. They didn't create the sentencing guideline just for her.

[Cali_Democrat]

34. Yes, but the fact that she could face up to 15 years is very disturbing. n/t

[cali]

35. Don't know how the criminal justice system and sentencing works, that's clear.

Anyone who assaults a police officer faces the same possible sentence.

[Cali_Democrat]

38. I know how it works

And it's all screwed up. That much is clear.

Is it any wonder why we have the highest incarceration rates in the world? There are people languishing in prison for bullshit reasons.

This so-called "assault" is probably nothing more than her putting her hand on the officer.

[JonQ]

24. Possible punishment

to be decided by the courts. That is the max, likely the actual sentence will be less, and that will then be shortened further in practice.

Assaulting a police officer (not cutting in line as the article suggests) is a fairly severe crime and should be punished.

[NRaleighLiberal]

10. 15 years for cutting in line. Freedom for lying under oath, lying us into a war,

shooting your friend in the face, politicizing the judicial branch.

Sounds fine with me.

:sarcasm:

Poster story for the FUBAR state of our country.

[JonQ]

25. Not for cutting

for assaulting the police officer.

She could have been on her way to church, or some other trivial task, then assaulted a cop and the crime would have been the same.

[arcadian]

11. This story has a Wal-Mart bias.

[scrinmaster]

14. RTFA - She was arrested for hitting a cop, not cutting line.

[Blue-Jay]

30. I did RTFA.

And I copied & pasted it exactly as written.

[Joe Chi Minh]

16. I hope the police side of the story is untrue, because if it is true, she was in the wrong.

I think queue-jumping is universally considered a 'no no'. But 15 years is beyond draconian, certainly beyond what any civilised society would impose.

Because you have a family member or friend in another queue, even if they were further back and it was moving more slowly(!), the people behind them would rightly consider it to be queue-jumping, pushy and intolerable.

If the police story is true, then she is letting down other African American people. On the other hand, when you realise the gratuitous hostility African Americans have to suffer from complete strangers, particularly in the South, it's understandable that some of them should be on a short fuse much of the time. But it must sure present problems for society - not least because the high stress levels for all Americans must have been getting closer and closer the explosive charge.

[valerief]

19. This is insanity. Line cutters drive me crazy but you just live with it.

The line cutters I hate are on the road. Or the tailgaters. Why don't these touchy cops go after them? They're the danger.

This line cutter is no danger. Just rude. So what? Most of America is rude. They make rudeness "cute" on teevee shows and movies.

America sucks.

[blueamy66]

43. I refuse to "just live with it".

Sorry, but line cutters piss me the hell off.

[liberal_at_heart]

27. She should not have assaulted the police

They may have been in the wrong for singling her out and there is a possibility that race was involved her being singled out, but you don't assault the police. She should have left the store and then take legal action afterwards. There are very stiff penalties for people who assault police officers.

[MindPilot]

29. Cutting in line to 15 years; you just should not be able to make that leap

There are a lot of good cops out there and in most cases this would have never gone beyond a conversation. But there are those cops who are just looking for an excuse; belligerent pricks go into situations like this and they want nothing more than to demonstrate that the po-po is the law. Those cops need to find another line of work.

[Blue-Jay]

32. I made no leap. I didn't write the article.

Just a simple C&P.

[MindPilot]

36. Sorry, that was a collective "you", not you the OP.

Point being I suspect there was some attitude on both sides, but cops now take a very broad definition of assault and resiting and it seems like in these kinds of stories the police are really be more interested in making an arrest than resolving the situation.

[DU GrovelBot]

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[elocs]

39. "Heather Ellis Could Face Prison Time for allegedly assaulting police officers"

would certainly be a more accurate headline. Of course it's more fun to make it seem like she faces prison time for queue jumping.

[depakid]

41. Yep it would certainly elict the FEAR that so many are addicted to

and that causes them to behave irrationally without any sense of proportion.

[asdjrocky]

42. America...

Land of the what Home of the who