D’Iberville won’t release mugshots or police report on arrest of councilman, wife
After Councilman Robby Ellis and his wife, Chelse, were arrested Saturday on domestic violence simple assault charges, the Sun Herald filed a records request to obtain the police incident report, arrest records and mugshots, along with the court documents.
However, the city denied access to the booking photos and the arresting officer’s full narrative.
Police Chief Wayne Payne said, “everything goes through the (city) attorney,” before any information is released.
In D’Iberville, W. Fred Hornsby III serves as both city attorney and prosecutor.
“The booking photos and investigative narrative are not included, as they are records that could impede or jeopardize a prosecutor’s ability to prosecute the alleged offense and could deprive a person of a right to a fair or an impartial adjudication,” Payne said in a release.
All media routinely have access to booking photos when arrests are made.
The Sun Herald reached out to media attorney Henry Laird to get input on whether it was common for law enforcement and government to deny access to booking photos.
“I have never in my years of practicing law seen where local government or law enforcement refused to release mugshots to the press,” Laird said.
“Mugshots are so basically important to assist law enforcement in the prosecution of criminals, and whether someone charged with a crime is guilty or not, the public is entitled to know the identities of who is charged with a crime. A photograph is simply another way of identifying who is charged with a crime.”
Meanwhile, the Sun Herald on Monday filed the request for court records filed in D’Iberville Municipal Court. Clerk Patti Jackson said she would consult with the city attorney and that by law she had seven days before she had to comply with the request.
After that request, Payne was able to release a brief synopsis of the incident along with the affidavits and charging information on those arrested.
The summary said both Robby and Chelse Ellis showed signs of bodily injury when they were arrested, according to criminal affidavits filed in the case.
Chelse Ellis had “marks on her neck area,” and her husband had a busted lip when D’Iberville police responded to a domestic violence call at the couple’s home on Belle Vue Circle around 8 p.m. Saturday, a report says.
The marks on Chelse’s neck occurred, the filing says, after her husband allegedly grabbed her by the shoulder and neck area.
Robby Ellis got a busted lip, the record says, after his wife slapped him in the face with an open hand.
The couple was booked on the misdemeanor charges in D’Iberville and released without bail. A judge also issued a no-contact order between the two.
The Sun Herald has reached out to Robby Ellis for comment, but has not heard back.
The Sun Herald also has asked whether Hornsby plans to recuse himself from prosecuting the case since it involves a city official, or whether he would continue as both city attorney and prosecutor in the case.
On Wednesday, Hornsby said in an email that he had recused himself from prosecuting the case as of 1 p.m. Tuesday.
The Sun Herald was instructed to ask for the mugshots in its public records request, which is usually not required to obtain booking photos.
In response, the Sun Herald asked Hornsby to cite any other cases in the city where the city had denied access to mugshots.
“I cannot recall a request whereby a “mugshot” was requested and such request was reviewed by my office for guidance, so I am unable to provide comment/ citation to other such cases,” Hornsby said in his written response.
This story was originally published March 4, 2020 at 9:16 AM.
