Retired MS trooper wants Hancock County assault charges dismissed. Here’s why
A retired Mississippi state trooper arrested on misdemeanor charges for allegedly assaulting two Hancock County Justice Court clerks wants the charges against him dismissed.
Dale Conrad Decamp Jr., of Bay St. Louis, argues the judge should dismiss the charges because the case is in County Court when Justice Court has jurisdiction over misdemeanor charges. County court judges usually handle appeals of misdemeanor convictions from Justice Court.
The Hancock County justice court judges and the prosecutor, Olen Anderson, did not want to handle the case in Justice Court because Decamp often performed some of his official duties there. It’s unclear if they entered their recusals in Justice Court.
In the appeal to dismiss the charges, Decamp’s lawyer, Tim Holleman, argues the state has violated his client’s rights to a speedy trial because the allegations of wrongdoing occurred over four years ago and the case has yet to proceed. The attorney points out that Decamp has not received any responses from the state despite his client’s repeated requests for a speedy trial.
Holleman also questions the motivation for the allegations of wrongdoing, referring to how the criminal affidavits against Decamp first surfaced in October 2021, even though the first alleged incident occurred in May 2020.
In response to Decamp’s latest move, one of his alleged victims, Justice Court Clerk Catherine Garcia, agreed to talk on the record.
“It is not our intention to drop it,” Garcia said. “If it’s dismissed, this is just going to be another officer who gets away with something.”
The state charged Decamp with five counts of simple assault, a crime that carries a maximum fine of $500 and or six months in jail for each count. They accuse him of committing the crimes between March 2020 and January 2021. Decamp has denied any wrongdoing.
In one of the alleged assaults, Garcia said the state trooper “pinned her against the door with his forearm under her throat.” In response, the records say, Garcia “was forced to use an ink pen that was in her hand to stab ... Decamp in the leg to get him to release her.” Afterward, Decamp started cursing, and Garcia told him “that he was not to touch her ever again.”
The Hancock County Board of Supervisors on Oct. 18, 2021, voted to appoint Attorney Theressia Lyon as the conflict attorney to represent the alleged victims. She has since been elected a Harrison County Justice Court Judge, but appears to still be the prosecutor on the case.
After the Sun Herald inquired about the case Friday, Hancock County prosecuting attorney Olen Anderson added a copy of an email from county supervisors about appointing Lyons as the special prosecutor to the officer’s case file.
Anderson told the Sun Herald that he could not prosecute the case because of a conflict of interest since he works with the Justice Court clerks when the allegations surfaced.
The case ended up in Hancock County Court before Youth Court Judge Trent Favre, but Favre recused himself because of a conflict of interest.
The state Supreme Court in April 2023 appointed Sharon Sigalas as special judge over the case.
The Sun Herald has reached out to Lyons for comment, but has not heard back.
The Mississippi trooper’s arrest
Authorities arrested Decamp in January 2023, 10 months after a probable cause hearing before Circuit Court Judge Larry Bourgeois to determine if enough evidence existed to file the charges.
During that 10-month delay, Decamp was able to retire from his position as a Mississippi Highway Patrol master sergeant.
In the probable cause hearing, the judge reviewed video footage of at least one of the alleged assaults, all of which occurred at the Justice Court office adjacent to the Hancock County Sheriff’s Department on U.S. 90 in Hancock County.
The judge heard testimony from Hancock County sheriff’s investigator Kris Robbins and arguments from Decamp’s attorney.
Holleman has described what happened as “horseplay” and repeatedly questioned the delay in the clerk’s allegations of wrongdoing. Robbins, however, responded to those questions during the probable cause hearing.
The sheriff’s investigator said they first reported the alleged crimes to the Mississippi Highway Patrol to do an internal investigation and take action. The investigator said that the Sheriff’s Department took over the investigation after MHP failed to take action.
Holleman said the clerk pursued criminal prosecution after MHP failed to fire Decamp.
A detailed look at the alleged crimes
Decamp faces the following criminal charges in addition to the incident involving Garcia:
- Around May 20, 2020, Decamp allegedly assaulted Garcia while sitting at her desk. In that incident, the uniformed Decamp “walked up behind her and pulled her hair, making her neck extend backward.” In response, the records say, Garcia said, “’What the hell?’” and Decamp said, “’You know that’s how you like it.’” A witness told Decamp afterward, “Don’t ever touch her (Garcia) again like that, that isn’t cool, you do not need to be touching anyone in here like that.’”
- Around Feb. 11, 2021, Decamp allegedly assaulted Garcia again by hitting her with his hand on the back of her head. In return, the records say, Garcia slapped Decamp on the back of the head, at which time Decamp “acted as if he was going to Taser ...Garcia “ by placing his hand on his Taser that was attached to his law enforcement duty belt.”
- Around Jan. 4, 2021, Decamp allegedly assaulted a second deputy clerk by hitting her in the forehead with his hand. The clerk, according to testimony at the probable cause hearing, is a domestic violence survivor and went to a bathroom and cried when the assault happened.
- Around Jan. 28, 2021, Decamp allegedly assaulted the second deputy clerk again when he walked up behind her in the office and by “inserting his finger between her buttocks and pulling her hair (ponytail) and jerking her head around” while she was in the office.
Since Decamp’s arrest, he has filed a civil lawsuit against the second deputy clerk over one of the allegations that did not result in a criminal charge.
In the civil case, he alleges malicious prosecution, intentional infliction of emotional distress and outrageous conduct.
“We just hope justice is served,” Garcia said.
