Stanfor

Malcolm McMillin

Name:

Ma;fColm E. McMillin Oct. 1944 Hinds County Sheriff, 1992-present Hinds County Constable for one term in 1970s

DaB:
Pol. Exp.:

Prof. Exp.:

Jackson Police Chief for 19 months, Nov. 2007 -Apr. 2009 Administrative Assistant to Parole Board Jackson Police Department, 1972-

Military Exp:

Military Policeman duty in Vietnam

in US Air Force, Served three tours of

Education:

BS in History, and Administration College

of Justice,

Mississippi

Family: Religion:

Delores Lett McMillin, Wife; Three children Episcopal

Malcolm McMillin is one of, if not the most experienced sheriffs in Mississippi, as he has been in charge of Hinds County law enforcement for 20 years. This is our report on Malcolm McMillin, Hinds County Sheriff

Table of Contents Executive Summary
OUR ANALYSIS ASSESSMENT READ THESE OF NEGATIVES

lips

Spike in Crime Since McMillin Took Office McMillin Cannot Keep Inmates in Jail
NEGLIGENCE LeD TO ESCAPE OF MURDERER PRISONERS GIVEN GET OUT OF JAIL FREE CARDS PRISON BREAK SENDING VIOLENT INMATES INTO THE COMMUNITY

Hinds County - Kept Safe By Crooks
HINDS COUNTY MOST WANTED - THE SHERIFF'S STAFF CONTROVERSIAL HIRES

Friends with Benefits
BOTCHED INVESTIGATION OF BIG DONOR PERKS FOR A CONVICTED PUBLIC OFFICIAL PUNISHES POLITICAL ENEMIES FRIENDS WITH BENEFITS MISCELLANY

2

/

Budget Nightmares
FINANCIAL McMilLIN MISSED MANAGEMENT DISASTER

FOR HIGHER TAXES OUT ON GRANT MONEY DUE TO NEGLIGENCE

OTHER BUDGET BLUNDERS HARMING COPS MORALE AND THE BOTTOM LINE

Bad File Keeping Leads to Free Criminals
BUNGLED CASE OF OFFICER CRIMINALS LATER ACCUSED OF RAPE SHUFFLE

LOST IN THE PAPERWORK

Racial Problems
ANGERED McMILLIN'S BLACKS OVER OfFICER PATTERN OF RACISM DEMOTION

Harming the Cops
MADE

JPD LESS EFFECTIVE
COPS MORALE AND THE BOTTOM LINE

HARMING

Excessive Force
HISTORY OF VIOLENCE WITH SHERIFF EMPLOYEES

ITCHY TRIGGER

FINGERS

Hinds County Jail Problems
HINDS COUNTY JAil McMILLIN POORLY RUN BY McMILLIN PASSES THE BUCK ON OVERCROWDING

Miscellaneous Tax Problems

Policy Stances

Finance Report Summary

3

* Our Analysis
Malcolm McMillin has been the Hinds County Sheriff for nearly 20 years. Although he is well liked in the area, he does have his fair share of flaws.

DRAMATIC INCREASES IN VIOLENT CRIME. Using FBI crime
statistics, a strong argument can be made that violent crime has risen dramatically under his tenure as sheriff and as Jackson Police Chief. In Hinds County, violent crime has risen 300 percent. In

2008 there were more murders in one year than in the last 10 in Jackson.

NO DISCRETION OR ACCOUNTABILITY. Sheriff McMillin has
repeatedly passed the buck for prisoner-related problems under his watch, only changing his behavior when there is a scandal or if it's mandated by the Board of Supervisors. During his tenure, inmates

in the jails have been shown a soft hand that has led to the escape of 16 convicts (one is still at large), including a convicted murderer. The convicted murderer was mistakenly working at a low-security facility, and a review of all inmate files after the escape revealed that eight other prisoners, including another convicted murderer,

were also mistakenly working at the penal farm.

His lax approach

to prison security was also apparent when he used to hand out weekend passes to violent offenders before the Attorney General put a stop to the practice. Corrections Additionally, the state Department of violent

had to tell Sheriff

McMillin to stop sending a program

inmates out to work in the community,

he strongly

believed in. Sheriff McMillin also failed to serve an arrest warrant

4

for a Jackson police officer that was later arrested for rape on two different occasions. • FOXES IN THE HENHOUSE. Sheriff McMillin has made his share of controversial hires. He has been known to hire ex-convicts and the department has had to fire 23 employees within the last 12 years with charges ranging from smuggling drugs into the jail to theft to sexual assault of inmates. Mr. McMillin's department has also been charged several times with the use of excessive force and racist practices, such as racial profiling. From an outside perspective, it is clear that there is a lack of discipline in the department, something Mr. McMillin vowed to change in his 1991 campaign. He also does not know how to manage department morale, making his officers work long, 12-hour shifts before he learned how detrimental it was to the unit. • BENDING THE RULES FOR DONORS, FRIENDS, OR SPORTS STARS. Sheriff McMillin has shown that he is always willing to bend the rules for his donors, political friends or local athletes. He has never allowed his integrity to get in the way of helping out his buddies. When one of his donors was involved in a potential murder charge, he sent an officer that was so green that the entire investigation was botched and the attorney general ended up having to seek lesser charges. Mr. McMillin has also shown his vindictive streak and punished Tyrone Lewis, his 2007 and 2011 opponent, by demoting him for a small infraction. • FISCALLY IRRESPONSIBLE. Sheriff McMillin has clashed with the Board of Supervisors over his budget for two decades, in part

5

because he apparently can't manage it very well. In 2004 he 'went over his budget by $600,000 with little explanation, putting the county in a severe financial bind. As Jackson Police Chief, the department missed out on more than $12.5 million in grants simply due to not turning in the paperwork. On the flip side, he spent more than $15,000 during a tough budget year making it a policy for Jackson police officers to wear hats at all time while on duty and supported a sales tax increase for more cops. He has little discretion with the budget he has and constantly goes back to the Board of Supervisors for more funding.

6

* Assessment

of Negatives

Following are summaries of the chapters in this report. Click on the hyperlinked titles to go directly to the chapters.

Spike in Crime Since McMillin Took Office
Under Sheriff McMillin's rule in Hinds County, the Hinds County Sheriffs Department has reported a 300-percent increase in violent crime since he took over. While crime in Jackson has dramatically decreased over that same time period, the city saw a huge spike in crime during the year that the sheriff also served as Jackson Police Chief, making it one of the most dangerous cities in the entire country.

McMillin Cannot Keep Inmates in Jail

NEGLIGENCE

LED TO ESCAPE OF MURDERER

In Oct. 2003, convicted murderer and Hinds County Penal Farm inmate George Graham stole a county truck and escaped from prison. While Mr. Graham was caught before he could do any more harm, it badly exposed the Sheriffs Department's negligence. The penal farm is a place for low-risk inmates to be put to work, and Mr. Graham had no business being there in the first place, a fact Sheriff McMillin readily admitted. A review of all the inmate's

7

files afterward led to eight more inmates being put back into the county jail, including another convicted murder who was mistakenly in the low-facility center.

PRISONERS GIVEN GET OUT OF JAIL FREE CARDS

Just a month before convicted murderer George Graham escaped from a low-security facility in 2003, Malcolm McMillin was

embarrassed when Attorney General Mike Moore had to tell him to stop giving out weekend passes to inmates, including convicted sex offenders, killers and armed robbers. This came five years after

one of the weekend pass recipients, a convicted burglar, abused the privilege and never came back to prison.

PRISON BREAK

Over the past dozen years or so, at least 16 inmates have escaped from the Hinds County grounds with armed Penal Farm, where to participate inmates leave the

deputies

in work programs.

Fifteen of them were caught relatively quickly, but one of them, a convicted burglar and drug user, is still at-large to this day. Another four, including two rapists, escaped from the county jail. were eventually caught. All four

SENDING VIOLENT

INMATES

INTO THE COMMUNITY

Malcolm McMillin is such a strong believer in rehabilitation that he has no problem sending inmates, even violent ones, out into the community. In 2009, the state Department of Corrections had to

8

tell the sheriff to stop sending inmates out to work, as he was violating the law. Sheriff McMillin also created a program that let convicted felons be volunteer firefighters.

Hinds County - Kept Safe by Crooks

HINDS

COUNTY MoST WANTED

- THE SHERIFF'S

STAFF

The number of Sheriffs employees that have been fired reveal that Malcolm McMillin doesn't demand high standards for his staff.

Hinds County Sheriffs employees have been arrested so often that they could form their own chain gang. Over the last dozen years or so, at least 23 employees have been canned for their participation in criminal activity, with charges ranging from smuggling drugs into the jail to theft to sexual assault of inmates. McMillin has said his department one of the troubled employees before Sheriff McMillin hired him. Though Sheriff

has a tight screening process,

had multiple burglary convictions

CONTROVERSIAL

HIRES

Malcolm McMillin has made a number of other controversial staffing decisions, particularly with his decision to hire ex-Jackson Chief Bracey Coleman, who had previously Police

resigned from JPD

because of a marital scandal. had to resign from the Sheriffs with a firefighters

Within two years, Deputy Coleman Department after an alleged tryst

wife that ended with the firefighter stating in an

affidavit that Mr. Coleman was a threat to his life. Sheriff McMillin also offered jobs to JPD officers with pending disciplinary hearings

9

related to an investigation for beating a suspect in handcuffs and promoted an officer to deputy chief who was later accused sexual harassment. of

He also offered a job to one of ex-mayor Frank

Melton's' bodyguards who was also a convicted criminal for taking part in the destruction of a Jackson duplex.

Friends with Benefits

BOTCHED INVESTIGATION

OF BIG DONOR

In 2009, a woman named Karen Irby had a few drinks, and while driving herself and her husband home, and killed two doctors in a drunk-driving accident. What made this an atypical case is that the

Irby family had previously donated massive amounts of money to Sheriff McMillin's campaign. Department, Malcolm As then-chief of the Jackson Police sent an unqualified cop to

McMillin

investigate the accident.

The officer botched the investigation so

badly that the District Attorney had to seek lesser charges against Ms. Irby and threatened Sheriff McMillin did a grand jury investigation defended involved himself, case into the JPD. that he any

vigorously not get

saying

intentionally

in the

to avoid

appearance of impropriety.

PERKS FOR A CONVICTED PUBLIC OFFICIAL

Malcolm

McMillin

got dinged

by the

press

after

he illegally

transferred ex-Jackson County Chancery Clerk Lynn Presley, who was convicted of embezzling $320,000 from taxpayers, from a state prison to the Hinds County penal farm. Sheriff McMillin did so at

10

the request of an unnamed local businessman who was friends with both the sheriff and ex-official. Mr. Presley was returned to the state prison after it was discovered that the judge who signed the transfer order had no authority to do so.

PUNISHES

POLmCAL

ENEMIES

Malcolm McMillin has been Sheriff of Hinds County for 20 years in large part because of his ability to crush anybody that stands in his way. Months after defeating Tyrone Lewis in 2007, Sheriff McMillin demoted Mr. Lewis (though did later promote him). He also allegedly fired a 20-year-veteran him for that very reason. considering a 2011 run against In addition, in 2003 Sheriff McMillin

transferred an officer that Mayor Frank Melton squabbled with and placed him in the city's worst crime precinct.

FRIENDS

WITH BENEFITS

MISCELLANY

Malcolm McMillin helped lessen the severity of a sentence on one of his officer's sons who was convicted of embezzling and extorting money from convicts on probation. He also reduced the charges of a star high school football recruit that hit a law enforcement officer from a felony to a misdemeanor.

Budget Nightmares

FINANCIAL

MANAGEMENT

DISASTER

11

In Hinds

County,

the

Board

of Supervisors

allocates

annual

appropriations

to the Sheriff's Department,

but Malcolm McMillin

has free reign over how to spend that money. In 2004, Sheriff McMillan went over his budget by more than $600,000, leaving the county in a severe financial bind. The sheriff had poor excuses for the deficit, saying he spent it on hiring jailers for a jail expansion that had not even occurred.

McMILLIN

FOR HIGHER TAXES

In 2003, Sheriff McMillin pushed the Board of Supervisors to raise taxes to pay for law enforcement. In 2009, while he was the

Jackson Police Chief, Malcolm McMillin publicly supported a sales tax increase to hire more law enforcement officers, but he was

already having trouble with his existing budget. The previous year, during a tough budget time, he spent more than $15,000 on hats after he made it a policy for Jackson police officers to wear their hats at all times while on duty.

MISSED

OUT ON GRANT MONEY DUE TO NEGLIGENCE

In 2008, the Jackson Police Department missed out on more than $12.5 million in grant money due simply to not turning paperwork. in the

Though Chief McMillin inherited a financial mess and

had only been on the job for a few months, he was ultimately responsible as head of the police for the appalling error made by his department.

12

OTHER BUDGET BLUNDERS

Malcolm McMillin clashed with the Board of Supervisors every year in the late 1990s/early 2000s because he ran a deficit every year due to inmate medical care costs. The board took over that responsibility in 2002 and did not fare any better, going over budget more than the sheriff did. He also clashed with supervisors in 2006 when some charged him with intentionally shortchanging his gasoline budget. Sheriff McMillin also believed he deserved a raise less than two years into his first term.

HARMING

COPS MORALE AND THE BOTTOM LINE

When Malcolm McMillin was named chief of the Jackson Police Department in late 2007, he came to an agency whose financial practices and budget were a mess. To help save on overtime costs, Chief McMillin implemented 12-hour shifts. The change lasted only a few months, as it lowered cops' morale and actually cost the county more than it saved.

Bad File Keeping Leads to Free Criminals

BUNGLED CASE OF OFFICER LATER ACCUSED OF RAPE

Jackson Police Officer Jeffery Webb was indicted in 1997 for fraudulently taking food stamps. When it came time to serve Mr. Webb with a warrant for his arrest, Malcolm McMillin's office tried twice to serve him without any success. No further action was taken by the Sheriffs Office, even though a few years later they successful served Mr. Webb three separate times in a paternity

13

case as his arrest warrant was still pending. In 2003, Mr. Webb was finally served his arrest warrant, but only because he was also arrested for allegedly raping a 16-year-old girl. Mr. Webb would later be acquitted, but in 2009 he was once again arrested for rape.

CRIMINALS

LoST

IN THE PAPERWORK SHUFFLE

An unknown number of criminals are walking the streets of Hinds County simply due to poor recordkeeping by Malcolm McMillin and his staff, as the department does not keep any records on criminals they release due to lack of space in the jail. In 2008, he admitted that he had no idea a murder case had been lost in the shuffle for almost a week. Two years prior to that, his department mistakenly released a criminal who shot at police officers. He has also said that his staff does not keep records on the thousands of criminals that get released from the Hinds County Detention Center due to lack of space.

Racial Problems

ANGERED BLACKS OVER OFFICER DEMOTION

In 2007, Malcolm McMillin angered the black community when he demoted his election opponent, Tyrone Lewis, for allowing his son to use the police academy gym for for-profit dances. for such a meager offense. Some members black community said that the punishment was too harsh

14

McMILLIN'S

PATTERN OF RACISM

Malcolm McMillin has a pattern of racist tendencies. He came out swinging against a bill that would ban the use of racial profiling. Two months later, his department was accused of racial profiling two months after he said he didn't see a need for the ban. Mr. McMillin ignored the Hispanic community while he was serving as both Hinds County Sheriff and as the Jackson City Police Chief. The Indian community felt slighted in how his department handled a murder of an Indian convenience store clerk.

Harming the Cops
lPD lESS EFfECTIVE During his stint as Jackson Police chief, Malcolm McMillin got rid of the quality-of-life unit that fosters better relationships with the community. He also dumped the department's reserve unit, which got rid of 50-100 officers.

MADE

HARMING COPS MORALE AND THE BOTTOM LINE

When Malcolm McMillin was named chief of the Jackson Police Department in late 2007, he came to an agency whose financial practices and budget were messes. To help save on overtime costs, Chief McMillin implemented 12-hour shifts. cost the county more than it saved. The change lasted only a few months, as it lowered cops' morale and actually

15

Excessive Force

HISTORY

OF VIOLENCE WITH SHERIFF

EMPLOYEES

As the top cop in Hinds County, Sheriff McMillin's officers have been known to get rough with suspects. In 2008, cops beat two African-American women in a case that drew attention from local and federal officials. In 2006, Sheriff McMillin offered jobs to several Jackson police officers that had disciplinary hearings pending due to their roles in beating a suspect already in handcuffs. In 2011, a series of prisoner beatings in the county jails have led to the dismissal of 12 prison guards.

ITCHY TRIGGER FINGERS

Shootings involving police officers rarely turn out well, and there are at least a couple specific shootings that could damage SheriffMcMillin. In 2008, two Hinds County sheriffs shot and killed a mentally ill man carrying a pocketknife. A few months prior to that, the terms he used to describe another shooting were "righteous" and "good."

Hinds County Jail Problems

HINDS COUNTY JAIL POORLY RUN BY McMILLIN

Since its construction, the Hinds County Detention Center has been falling apart. The jail was poorly constructed, but Sheriff McMillin passes the blame to the County Supervisors. However, the

16

maintenance staff at the jail feels that the sheriff is more to blame for the state of repair. They say that his staff is poorly trained and the inmates are not properly supervised, leading to a multi-million dollar lawsuit with an inmate who was beaten. Sheriff McMillin had staffing problems in 2006, and once again he passed the blame onto the Board of Supervisors. Malcolm McMillin said he needed

more funding, but the supervisors said it was up to him to manage his own budget to secure jailers. This mismanagement of resources has caused delays in opening a new wing of the jail.

McMILLIN

PASSES THE BUCK ON JAIL OVERCROWDING

Sheriff McMillin has difficulty managing the jail population size, and this has led to countless detainees being released. Under his

watch, a murder suspect was released by mistake. Even when Sheriff McMillin had more space to place prisoners, he didn't

manage staff resources well, leading to an extended period of time where there have been empty beds for prisoners, but no jailers to watch over them. He has not shown any desire to accept

responsibility for the situation, instead casting blame on the County Supervisors for lack of funding or understanding.

Miscellaneous Policy Stances

Malcolm

McMillin

is a strong opponent

of the federal

assault

weapons ban and a firm supporter of red light cameras, which were declared campaign unconstitutional in Mississippi in 2009. In his winning McMillin

for Hinds County Sheriff

in 1991, Malcolm

17

promised Judging

better

education

and training

for sheriff

employees. of the

by the behavior

and unprofessional

demeanor

sheriffs office, it either didn't take or they were never trained.

Tax Problems

In 1997 and 2009, the McMillins were hit with state tax liens, one for $248 and the other for $849, respectively. were released by the state. Both of these liens

McMillin's GOP Fundraising

Listed in this section is a summary of Malcolm McMillin's campaign finance reports. It provides a breakdown

2007

of Sheriff

McMillin's top contributors as well as his corporate to citizen donor ratio. His top contributor, advisor W. D. Mounger, of former is a former Senator Reagan Lott's

and was the chairman

Trent

fundraising committee.

18

* Read These Lips
Below are quotes from Malcolm McMillin and Jackson Mayor Frank Melton.

On Crime in Jackson/Hinds County
• 'We have been a failure. It hasn't worked out the way I wanted it to work out, and a part of it has been I have had my hands tied behind
my back, but it seems like a brick wall has been thrown up on

everything I have tried to do in this community." - Jackson Mayor
Frank Melton, on crime in Jackson 2009) (Mississippi Link, Jan. 1-7,

"I won't apologize for the actions I have taken." - Sheriff McMillin,
replying to Frank Melton's charge that the city was a failure on crime (Mississippi Link, Jan. 1-7,2009)

On Going Easy on Prisoners

"I assume responsibility for those things where I may have made mistakes, errors in judgment, where I may not have maintained as close an oversight, where I delegated responsibilities I should have kept to myself. " - Malcolm McMillin, on failing to notice a smuggling
ring in the jail, for not knowing a murderer was working on a

19

minimum-security

penal

farm,

and for busting

his budget

by

hundreds of thousands of dollars (Clarion-Ledger, Jul. 26, 2004)

'Whose fault it is? I'm the sheriff of Hinds County. The buck stops here ... I can't undo anything but I can say ... this won't happen
facility by mistake and then escaped (Clarion-

again." - Malcolm McMillin, after a convicted murderer was placed
in a low-security Ledger, Nov. 1, 2003)

"/ don't apologize for it." - Sheriff McMillin, on handing out weekend
passes to violent offenders (Clarion-Ledger, Oct. 2, 2003)

"No matter how you slice this thing up, I'm responsible. The bottom line is it's my job ..." - Malcolm McMillin, after two rapists escaped
from the Hinds County Detention Center (Associated Press, May 1, 2003)

"There's no answer for it. ... I'm not going to have any problems with it because it's not happening anymore. " - Sheriff McMillin, on
violating the law by sending inmates out into the community to work (Clarion-Ledger, Jul. 3, 2009)

On Problems with His Staff

"Policing our own is one of the greatest responsibilities in law enforcement. " - Malcolm McMillin, on problematic members of his
staff (The Commercial Appeal, Feb. 3, 2001)

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"I've had employees embarrass me more than inmates. n - Malcolm
McMillin, on firing problem employees 2001) (Clarion-Ledger, Feb. 3,

"1feel that we do have a tight screening process, and all I can say is that when this does happen, they will be prosecuted. " - Malcolm
McMillin, on the county's screening Feb. 3, 2001) process revealing criminal charges (Clarion-Ledger,

"1felt that while their actions were wrong, I felt that firing them was too harsh a penalty and that time off without pay would have sufficed." - Malcolm McMillin, on offering jobs to Jackson Police
officers who had pending disciplinary action because they beat a suspect in handcuffs (Associated Press, Aug. 9, 2006)

'When he gets through with the pleading we'll certainly consider him for a job." Malcolm McMillin, on Michael Recio's job application (Associated Press, Dec. 25, 2009)

On Botching a Criminal Investigation of a Large Donor

"This was the most I've ever seen in terms of mistakes. ... We've never seen mistakes to this degree." - Hinds County District
Attorney Irby's Robert Smith, on Malcolm McMillin's driving accident that resulted handling of Karen in two fatalities. drunk

(WLBT.com, Mar. 30, 2010)

21

"[Barnhart] should never have been called out to conduct the reconstruction. Absolutely not. ... He's not certified; he's never qualified as an expert. He's not state certified." - Robert Smith, on
the officer sent out to investigate the accident 30, 2010) (WLBTcom, Mar.

"That's the thing about the department. ... They have some very good and well-trained investigators and so, again, this was out of the ordinary for there to be so many errors in this particular case. " Robert Smith, on the Jackson Police Department's handling of the Karen Irby case (WLBTcom, Mar. 30, 2010)

'When it comes to an investigation, obviously, there are certain procedures that need to be observed, and for the most part, we've seen them followed. The question is, why wasn't it done in this
case." - Robert Smith, on the Karen Irby case 30, 2010) (WLBTcom, Mar.

"Why should I talk about the Irby case?" - Malcolm McMillin,
responding to a question about why Karen Irby hadn't been arreste (WAPTcom, Mar. 6, 2009)

"If you were there and you knew she wasn't going to go anywhere and that she had property here, she had children here - would you want to incur those medical bills that are going to follow that? Do you think it's better that we leave her in a position that she doesn't have to be arrested? If we do we book her, she is in and we're responsible for those medical bills." - Malcolm McMillin, on why he
didn't immediately arrest Karen Irby (WAPTcom, Mar. 6, 2009)

22

"I made it a point not to be involved, not to be briefed. ... I wanted to make sure there was not any implication of impropriety on my part in the handling of this case." - Malcolm McMillin, on his involvement in the Karen Irby case (WAPT.com, Mar. 6, 2009)

"Aiter 30-something years in public service and 20-something years holding public office, I've never had my honesty and integrity challenged." 2010)

Malcolm McMillin, defending himself of any

wrongdoing in the Karen Irby case (Jackson Free Press, Apr. 7.

'With all probability, I was home in bed." - Malcolm McMillin, on where he was during the botched accident investigation in the Karen Irby case (Jackson Free Press, Apr. 7.2010)

On Helping Other Friends

"I'm ready to take the heat for what IVe done. ... I didn't think I was doing anything wrong and I still don't think I've done anything wrong. This happens all the time." -- Malcolm McMillin, on illegally transferring a convicted elected official to his penal farm (ClarionLedger, Apr. 29, 1999)

"I'm glad our efforts to make that happen were not fruitless. ... No person is above the law, and William Lynn Presley should not be given preferential treatment as an MOOG inmate." - Jackson

23

County district attorney Jaye Bradley, on the transfer Ledger, Apr. 29, 1999)

(Clarion-

"Gerald has been in law enforcement for a long time .... It would be

a mark this young man would carry with him into the system." Malcolm McMillin, arguing for a lighter sentence for a police officer's son (Clarion-Ledger, Oct. 21, 2010)

"1ask that this defendant be sentenced like a person who commits a crime." - Assistant State Attorney General Stan Alexander, Gerald Jones Jr.'s sentencing (Clarion-Ledger, Oct. 21, 2010) on

On Employee Morale
"1 think when you're trying to improve a department you work on morale and that is the first thing you need to address. McMillin, shortly before implementing
11 -

Malcolm

12-hour shifts for Jackson

police officers (Mississippi Link, Dec. 13-19, 2007)

On Lack of Responsibility in His Office

"I'm not trying to evade responsibility, but we made two attempts to serve him. ... When the deputies went by his house, they were advised he didn't live there anymore. " - Malcolm McMillin, on why his office failed to serve a warrant for a previous arrest to a Jackson

24

police officer who was later arrested for rape (Clarion-Ledger, 19, 2003)

Mar.

"The ultimate responsibility lies with the sheriff. ... I'm not going to shift that blame to anyone else." accidentally 2006) Malcolm McMillin, on releasing a violent criminal (Clarion-Ledger, Feb. 7,

'When we arrest felons we need to keep, we have to decide who will be the best to let go based on their crime and personal history. n
Malcolm McMillin, on releasing Sep. 17, 2003) felons due to lack of space (Clarion-Ledger,

"We keep up with those we have." - Malcolm McMillin, responding
to a request about statistics on inmates released due to lack of space (Clarion-Ledger, Sep. 17,2003)

"We're pretty sure they are there. ... We're just going to have to find them." - Malcolm McMillin, on weapons
department (Clarion-Ledger, Nov. 7, 2001) missing from his

On Race Issues

"I am shocked to hear of such abusive language. ... This type of abuse of respectable black women by Jackson police officers is uncalled for and should not go unpunished. It's animalistic. We should hold our policemen to a greater and higher standard. Such a general and repetitive occurrence of this level of abuse can no

25

longer be tolerated in either the sheriffs office or the Jackson Police Department." - State Rep. Jim Evans, commenting on Jackson
police officers allegedly beating a couple of African-American women (Jackson Advocate, Aug. 7-13, 2008)

''Anytime a citizen has an allegation of misconduct by a policeman or law enforcement officer, they need to file the necessary paper work with the proper authorities. I would suggest that Mrs. Brinson file her complaints with the Jackson authorities. There are also potentially some federal laws that might have been violated also. Citizens are supposed to be protected by the police and not misused or abused by them." - U.S. Rep. Bennie Thompson, after
Jackson police officers allegedly beat a couple of African-American women (Jackson Advocate, Aug. 7-13, 2008)

26

SPIKE IN CRIME SINCE MCMILLIN TOOK OFFICE

READ THESE

LIps

"We have been a failure. It hasn't worked out the way I wanted it to work out, and a part of it has been I have had my hands tied behind my back, but it seems like a brick wall has been thrown up on everything I have tried to do in this community. "
-Jackson Mayor Frank Melton, on crime in Jackson (Mississippi Link, Jan. 1-7, 2009)

"I won't apologize

for the actions

I have

taken. " - Sheriff McMillin, replying to Frank Melton's
charge that the city was a failure on crime (Mississippi Link, Jan. 1-7,2009)

Under Sheriff McMillin's rule in Hinds County, the Hinds County Sheriff's Department has reported a 300 percent increase in violent crime since he took over. While crime in Jackson has dramatically decreased over that same time period, the city saw a huge spike in crime during the year that the sheriff also served as Jackson Police Chief, making it one of the most dangerous country. cities in the entire

27

Crime in Hinds County Skyrocketed Since 1992

Since 1992. violent crime in Hinds County has increased by nearly 300 percent. (FBI Uniform Crime Reports)

Crime reported by Hinds County Sheriff Department, Mississippi Violent crime Year total Murder and nonnegligent Manslaughter Forcible rape Robbery

1992 1993 1994 1995 1996 1997 1998 1999 2003 2004 2005 2006 2007 2008 2009

25 32 34 33 81 81 49 35 48 57 55 47 28 61 98
Aggravated Property crime total 11

3 4 7 2 2 3 2 2 3 3 1 3 2 3 1

3 4 4
9

8 5 3 10 14 28 10 12 17 15 17 18 13 26 25
Motor vehicle theft

5 5 2 5 5 18 12 8 2 9 19
Larceny-

Year

assault

Burglary

theft

1992 1993 1994 1995 1996

597 636 674 568 540

288 289 315 244 219

270 301 309 263 261

39 46 50 61 60

19 20 12 60

28

1997 1998 1999 2003 2004 2005 2006 2007 2008 2009

45 35 16 23 21 25 18 11 23 53

668 643 507 925 754 748 627 503 464 1052

275 275 237 380 254 260 222 252 209 314

325 296 218 417 364 378 308 190 197 614

68 72 52 128 136 110 97 61 58 124

INCREASE IN RAPE INCIDENTS

Rape arrests increased from 3 in 1992 to 19 in 2009, a 583 percent increase. (FBI Uniform Crime Reports)

Crime in Jackson Skyrocketed Increased His Brief Tenure

During his brief tenure as Jackson

Police Chief (Dec 2007 -Apr

2009), crime in the city skyrocketed (using 2008 as the measuring point, since it was the only full year he was there). The violent

crime rate rose by nearly 10 percent and the property crime rate rose by almost 5 percent. (FBI Uniform Crime Reports)

Crime reported by Jackson Police Dept, Mississippi Violent Crime Year rate Murder and nonnegligent manslaughter rate Forcible rape rate Robbery rate Aggravated assault rate

29

1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

1287.2 1402.4 1681.7 1366.8 1203.3 1081.8 1166.5 1095.1 1039.9 1062 968.8 908.1 703 679 978.9 861.4 945.4 876.7

31.5 41.9 45.4 47.1 34.1 30.8 31 23.7 21.2 27 26.3 24.8 29.3 21.1 22.6 26.2 36.1 21.4

105 87.3 103.4 95.3 106.3 107.7 114.3 130.6 104.7 117.8 97.8 98.6 91.2 87.6 90.2 80.3 77.8 71.8

624.6 759.2 953.2 752.9 665.8 579.8 635 577.1 610 564 577.4 530.1 374.7 339.2 576.3 491.1 539.1 554.4

526.1 514.1 579.7 471.5 397.2 363.5 386.2 363.8 303.9 353.3 267.2 254.6 207.8 231.1 289.8 263.8 292.4 229.2

Motor Property Year 1992 1993 1994 1995 1996 1997 1998 1999 2000 crime rate 11788.6 11465.6 12295.8 10444.2 9205.6 9117.4 9523.2 9473 9645.3 Burglary rate 3746.7 3567.1 3680 2795.7 2504.3 2637.8 2531 2534.6 2558.9 Larcenytheft rate 6011.1 5853.4 6143.1 5569.8 4955.8 4827.1 5117.3 5108.7 5315.4 vehicle theft rate 2030.9 2045.1 2472.6 2078.7 1745.5 1652.5 1874.9 1829.6 1770.9

30

2001 2002 2003 2004 2005 2006 2007
2008

8977.9 8518.8 8538.7 6780.8 6655.7 7448.1 7101.6
7459.9

2529.7 2353.1 2407.4 1879 1739.9 2152.4 2220.2
2480.3

4846.5 4660.5 4586.2 3783.3 3857.7 4248.5 3978.9
4000.4

1601.6 1505.3 1545.1 1118.5 1058.1 1047.2 902.4
979.2

2009

7628.5

2644.1

4047.5

936.9

2008: Most Murders in More than a Decade in Jackson

The Jackson Police Department reported 63 murders in the city in 2008. The city had not seen a number that high since it reported 67 murders in 1996. (FBI Uniform Crime Reports)

According to an FBI report release last week, violent crime and property crime rose in Jackson in 2008, making the city's murder and burglary rates among the worst in the nation, according to an FBI report released this week.

Those

statistics

put

pressure

on

the

incoming

Johnson administration especially in light of a ClarionLedger poll of voters primary crime that should found prior to the May 5 mayoral respondents believed fighting

be the highest

priority

for the next

administration.

31

The FBI report, which measures major crimes in cities with populations of 100,000 or more around the nation, showed violent crime increased in the city 9.3 percent and property crime rose 4.6 percent. The city rates buck a trend of lowering crime rates nationwide where violent crime fell 2.5 percent and property crime dropped by 1.6 percent. The city's rate of 36 murders per 100,000 residents ranked fourth in the nation behind New Orleans, St. Louis and Baltimore. Jackson's burglary rate of 248 per 100,000 residents ranked second only to Flint, Mich. The FBI report covers Sheriff Malcolm McMillin's tenure as Jackson's police chief and the final full year of the late Mayor Frank Melton's term. Ledger, Jun. 8, 2009) (Clarion-

Jackson Mayor Declared State of Emergency over Crime in 2006
In 2006, Jackson Mayor Frank Melton declared a state of emergency in the city because of the crime problem. He did not consult Sheriff McMillin prior to the declaration. Jackson Mayor Frank Melton said he will declare a state of emergency today, giving the Police

32

Department

broad

latitude

to

bring

crime

under

control in the capital.

Included in the mayor's plan would be earlier curfews for minors. "I'm sorry that it's come to this," Melton said Wednesday.

Melton, the first-term mayor who ran his campaign in 2005 on a promise to curb crime, would not discuss specifics of the plan. Crime statistics from the

beginning of the year through June 11 obtained by The Clarion-Ledger show violent crime is up in the

capital 26 percent, compared with the same period last year.

Carjackings have seen the biggest increase in the city with 101 incidents, compared with last year's 59.

Melton promised Monday to declare an emergency if there was but one more major incident.

The

tipping

point

was

when

a

man

was

shot

Wednesday

while driving through the city. The man

was shot once in the head and once in the back, but is expected to survive.

Sheriff

Malcolm

McMillin

said the mayor has not

talked to him "in weeks." But if Melton asks, McMillin

33

said he would listen and make a decision based on the facts. He said it is strange Melton would take such a serious step without calling him. "I still am the chief law enforcement officer in Hinds County," he said, "at least last time I checked." (Clarion-Ledger, Jun. 22, 2006)

2008: Jackson Mayor: "We Have Been a Failure" on Crime
In 2008, Mayor Frank Melton told the media that the city had "been a failure" on crime. Melton told the press, "We have been a failure. It hasn't worked out the way I wanted it to work out, and a part of it has been I have had my hands tied behind my back, but it seems like a brick wall has been thrown up on everything I have tried to do in this community." The mayor said he is getting ready to take a series of dramatic steps to fight crime - steps he says "that we should have taken 20 years ago." He did not go into intricate details. Even after repeated queries, Melton would not speak on the charges he is facing due to a gag order prohibiting him from talking about his upcoming trial.

34

Later, Police Chief/Sheriff Malcolm McMillin told the media: "I won't apologize for the actions I have taken." He says he thinks he has done "a damn good job." (Mississippi Link, Jan. 1-7, 2009)

Sheriff Blamed Others for Crime Problem
Sheriff McMillan blamed everybody but himself for the crime problem, calling it a social problem. "There are myriad causes you can point to: the disinteqration of the family unit, economics, the prevalence of narcotics," the chief said. "Part of the burden rests on our religious leaders, community leaders, parents, having a male role model in the home. We're doing our job." 31, 2008) That appears to be the case in Jackson, and it makes preventing homicides difficult, as Jackson Police Chief/Hinds County Sheriff Malcolm McMillin admits: "The great majority of these homicides are committed by people who know each other. . . . As far as domestic violence, drug deals gone bad, these type things, I can't think of a way to change that." (ClarionLedger, Dec. 30, 2008) (Clarion-Ledger, Dec.

35

McMillin also blames a lack of police manpower, the availability of guns and drugs and an unraveling social fiber for contributing to violent crime. "A lot of these murders are fueled by the drug trade or the need to have the resources in order to purchase a drug," he said. "I would say if we didn't have a drug problem we'd have less homicide. Now, as to how we would go about (eradicating) it, I would say that we've been working on the drug problem here since the early '60s and we haven't solved it yet." Ledge~ De~ 28, 2008) McMillin often has expressed concern about the city's homicide rate. There have been 60 reported killings, more than any other year in a decade. Though McMillin worries the statistic could overshadow improvements within, he says the department is not to blame because most of the homicides result fromdomestic altercations. "We don't have the manpower to put an officer or a deputy in every house, in every kitchen," he has said. 2008) (Clarion-Ledger, Nov. 17, (Clarion-

36

MCMILLIN CANNOT KEEP INMATES IN JAIL

Malcolm McMillin and his staff have shown gross incompetence in their handling of violent felons. The sheriff unknowingly let a convicted murderer serve their time, and escape from, low-security facilities. He handed out weekend passes to allow violent criminals to leave prison until the Mississippi Attorney General put a stop to the policy. He also sent violent inmates out to work in the community, a practice that was again halted by higher authorities. Sheriff McMillin's gentle handling of Hinds County inmates have resulted in at least 16 escapes (one still at-large) over the last dozen years.

Hits

NEGLIGENCE LED TO ESCAPE OF MURDERER

In Oct. 2003, convicted murderer and Hinds County Penal Farm inmate George Graham stole a county truck and escaped from prison. While Mr. Graham was caught before he could do any more harm, it badly exposed the Sheriff's Department's negligence. The penal farm is a place for low-risk inmates to be put to work, and Mr. Graham had no business being there in the first place, a fact Sheriff McMillin readily admitted. A review of all the inmate's files afterward led to eight more inmates being put back into the county jail, including another convicted murder who was mistakenly in the low-facility center.

37

PRISONERS GIVEN GET OUT OF JAIL FREE CARDS

Just a month before convicted murderer George Graham escaped from a low-security facility in 2003, Malcolm McMillin was embarrassed when Attorney General Mike Moore had to tell him to stop giving out weekend passes to inmates, including convicted sex offenders, killers and armed robbers. This came five years after one of the weekend pass recipients, a convicted burglar, abused the privilege and never came back to prison.

PRISON

BREAK

Over the past dozen years or so, at least 16 inmates have escaped from the Hinds County Penal Farm, where inmates leave the grounds with armed deputies to participate in work programs. 15 of them were caught relatively quickly, but one of them, a convicted burglar and drug user, is still at-large to this day. Another four, including two rapists, escaped from the county jail. All four were eventually caught.

SENDING

VIOLENT INMATES INTO THE COMMUNITY

Malcolm McMillin is such a strong believer in rehabilitation that he has no problem sending inmates, even violent ones, out into the community. In 2009, the state Department of Corrections had to tell the sheriff to stop sending inmates out to work, as he was violating the law. Sheriff McMillin also created a program that let convicted felons be volunteer firefighters.

38

* Negligence
READ THESE LIPS

Led to Escape of Murderer

"I assume

responsibility

for

those

things

where I may have made mistakes, errors in judgment, where I may not have maintained as close an oversight, where I delegated responsibilities I should have kept to myself"
- Malcolm McMillin, on failing to notice a smuggling ring in the jail, for not knowing a murderer was working on a minimum-security penal farm, and for busting his budget by hundreds of thousands dollars (Clarion-Ledger, Jul. 26, 2004) of

"Whose fault it is? I'm the sheriff of Hinds County. The buck stops here, he said. "1can't
If

undo anything but I can say... happen
convicted

this won't
after a

again.

If

-

Malcolm

McMillin,

murderer was placed in a low-security

facility by mistake and then escaped (Clarion-Ledger, Nov. 1,2003)

In Oct. 2003, convicted

murderer and Hinds County Penal Farm

inmate George Graham stole a county truck and escaped from prison. While Mr. Graham was caught before he could do any

more harm, it badly exposed the Sheriffs Department's negligence.

39

The penal farm is a place for low-risk inmates to be put to work, and Mr. Graham had no business being there in the first place, a fact Sheriff McMillin readily admitted. A review of all the inmate's files afterward led to eight more inmates being put back into the county jail, including another convicted murder who was mistakenly in the low-facility center.

2003: Convicted Murderer Escaped from Penal Farm
In Oct. 2003, convicted murderer George Graham escaped from the Hinds County Penal Farm. He was captured the next day. Graham stole a county truck Oct. 31 and led police on a chase before disappearing in a wooded area near Clinton. He tricked deputies by rolling up some clothes and placing them under his bed covers but was captured the next day. The sheriff said Graham, based on the nature of his crime, never should have been accepted at the low-security Penal Farm. Graham and nine other inmates considered high-risk were sent to state prisons earlier this month. "Just remember where the guy is today," McMillin said. (Clarion-Ledger, Dec. 11, 2003)

40

Murderer at Farm by Mistake
George Graham somehow slipped through the cracks and was allowed to work at the Penal Farm, which Sheriff McMillin admitted was a mistake. A murderer who escaped from the Hinds County Penal Farm should never have been there, Sheriff Malcolm McMillin said. If he had known the details of George Graham's crime - he was serving a life sentence for setting his thengirlfriend, Patsy Collins, 33, on fire Oct. 25, 1987 McMillin said, Graham would have been in a state prison.

McMillin said he plans to review the records of about 200 state inmates, about half of them felons and including some convicted murderers, to make sure they belong at the county farm. McMillin said he's the one who decides whether a state inmate can be housed at the Raymond farm. In some cases, state inmates might serve their time at the penal farm because they have elderly parents who would have trouble getting to a state prison. In

41

other cases, an inmate might have a skill useful at the penal farm. McMillin said he doesn't see any reason Graham was there.

"Whose fault it is? I'm the sheriff of Hinds County. The buck stops here," he said. "I can't undo anything but I can say ... this won't happen again." Inmates at the penal farm have a good bit of freedom, he said. Graham had been at the penal farm before, been to the State Penitentiary at Parchman for treatment of an illness for about a year, and sent back to the penal farm about two months ago, McMillin said. (ClarionLedger, Nov. 1, 2003)

Nine Convicts Sent Back to Jail after Records Review
After Sheriff McMillin reviewed records of the other inmates at the Penal Farm, nine more convicts were sent back to prison, including another murderer. Sheriffs Department officials have vowed to do a more thorough job examining the background of

42

criminals considered for the Penal Farm. There are

187 inmates at the farm in Raymond.
The inmates at the farm leave the grounds with armed deputies to participate in inmate work programs, such as picking up litter along city streets and the

interstate.

"People who have got life, no chance of parole, I don't need them," Hinds County Sheriff Malcolm McMillin said. "A man that has hope, you can manage him. These guys know if they comply with the rules, do what they are supposed to do, they have an

opportunity to have as good a time in jail as you can have."

McMillin and Lt. Col. Dan Smith, who oversees the farm, began reviewing every inmate's file after George Graham, serving a life sentence for burning his

girlfriend to death in 1987. escaped Oct. 31.

Nine inmates have been transferred from the Hinds County Penal Farm in Raymond to state prisons since Nov. 1. They are: George Graham, convicted of murder Carlos Davis, sale of cocaine Reggie Porter, shoplifting and sale of cocaine Leeroselle Spann, auto burglary

43

James Washington, manslaughter James Claxton, possession and sale of cocaine Troy Howard, possession of marijuana Kendrick Williams, aggravated assault and auto burglary Rodney Young, auto burglary (Clarion-Ledger, Dec. 4,
2003)

LT. COL TOOK BLAME, SAID MURDERERS CAN MAKE BEST TRUSTEES

Malcolm McMillin's lieutenant colonel took much of the blame, saying he "figured he was fine," when referring to George Graham. He then went on to say that murderers sometimes are the most trusted prisoners. When Graham arrived at the farm, his paperwork didn't include details about his crime, he said. "It's partly my fault," Smith said. "I figured he was fine." Smith said the Sheriffs Department normally requests the inmates it wants from MOOC to work on the Penal Farm, but Graham was sent without a request. MDOC Commissioner Chris Epps said that was not the case. "I have a letter from the sheriff requesting" Graham, he said.

44

Some convicted murderers make the best trustees, he said. "Most of those will be your crimes of passion type. They caught their wife with another man. Most of time they don't even have a traffic ticket," he said. (Clarion-Ledger, Dec. 4, 2003)

45

* Prisoners
READ THESE LIPS

Given Get Out of Jail Free Cards

"1 don't apologize for it." - Sheriff McMillin, on
handing out weekend passes to violent offenders (Clarion-Ledger, Oct. 2, 2003)

Just a month before convicted murderer George Graham escaped from a low-security facility in 2003, Malcolm McMillin was

embarrassed when Attorney General Mike Moore had to tell him to stop giving out weekend passes to inmates, including convicted sex offenders, killers and armed robbers. This came five years after

one of the weekend pass recipients, a convicted burglar, abused the privilege and never came back to prison.

1998: Prisoner Disappeared After Getting Weekend Pass

Malcolm

McMillin

gave

convicted

burglar

Anthony

Williams

a Mr.

weekend pass in 1998 to spend Thanksgiving with his family.

Williams never returned but was eventually arrested after a gunfire incident. Sheriff McMillin said Mr. Williams's case would have no

effect on the weekend pass program.

Hinds County Sheriff Malcolm McMillin has no plans to end an inmate pass program because of one

prisoner's abuse of the privilege.

46

The sheriff said that Williams earned the pass with good behavior and adherence to the rules at the penal farm. His failure to return was the first such incident among hundreds granted passes over the past seven years, McMillin said. McMillin said it would be a disservice to end the program based on Williams' abuse. Press, Dec. 8, 1998) (Associated

Gave Weekend Passes to Rapists, Killers
Up until 2003, Malcolm McMillin gave weekend passes to let inmates out of jail. Under state law, only nonviolent inmates who meet certain criteria are allowed to receive such passes, but Sheriff McMillin was handing them out to felons convicted of crimes such as sexual battery of a minor and manslaughter. McMillin admitted that some of those trusties released on passes were violent offenders. One of those was Millicent Bingham, a Jackson woman found guilty of manslaughter in the September 2001 stabbing death of her boyfriend, Allen Green. Ex-youth minister Christopher Goldman of Jackson, who pleaded guilty to sexual battery and gratification

47

of lust involving a 15-year-old boy in 2001, also was let out on a weekend pass. 2003) (Clarion-Ledger, Oct. 2,

AG Made Sheriff Stop Giving Out Passes

After Attorney

General

Mike Moore found out about

Malcolm

McMillin's shenanigans, he made him stop the program.

Hinds County Sheriff Malcolm McMillin says he won't give any more weekend now. passes to jail inmates for

That comes after state Attorney General Mike Moore said Wednesday that McMillin doesn't have the

authority to let inmates convicted of violent crimes out of jail on passes.

Moore said passes are only allowed for nonviolent criminals who participate in approved state-county

work programs. McMillin has his own trusty program, but it is not recognized by the state.

"No way can you release a violent inmate on a leave or pass," Moore said.

48

Mississippi Department of Corrections Commissioner Chris Epps, who met with McMillin late Wednesday, said he and the sheriff had a difference of opinion about the issue, but it's time to move on now that the sheriff has said he won't grant any more passes. Moore, who set up a meeting between McMillin and Epps, said the sheriff runs a good work program and hopes it can become one of the approved joint statecounty work programs. There are 43 approved programs in the state. "There is really no controversy," Moore said. "Malcolm chose to do his own thing." (Clarion-Ledger, Oct. 2,
2003)

MOOC

COMMISSIONER AGREED WITH MOORE

Mississippi Department of Corrections Commissioner Chris Epps agreed with AG Moore, saying no inmates convicted of violent crimes should ever be given weekend passes. McMillin said it's a difference of opinion between him and Mississippi Department of Corrections Commissioner Chris Epps as to whether he has the legal authority to grant such passes. Epps said Tuesday that inmates convicted of violent crimes are not eligible under state law for passes. He

49

said only non-violent offenders can be considered for passes.

McMillin cited a section of the law that gives sheriffs the authority to establish procedures for granting

passes and leaves to county jail inmates and state inmates housed at county jails.

Epps said his department grants passes only under stringent conditions and local law enforcement is

alerted ahead of time. "Safety is a concern of mine," he said. (Clarion-Ledger, Oct. 1, 2003)

Refused to Apologize for His Actions
Malcolm McMillin refused to apologize for the weekend saying he was running a good program. passes,

"I think we run a good program and try to do the right thing," McMillin said. "I don't apologize for it. ... I'm trying to make inmates productive. I'm trying to instill a work ethic."

Those on weekend

passes are monitored monitoring,

through McMillin

physical checks and telephone said. (Clarion-Ledger,

Oct. 2, 2003)

50

Hinds County Sheriff Malcolm McMillin says he doesn't see anything wrong with letting violent criminals out of jail on weekend passes. "I think I'm within the law," McMillin said, after reports surfaced that he has given passes to at least three people convicted of manslaughter, one convicted of armed robbery and one convicted of a sex offense. (Clarion-Ledger, Oct. 1, 2003)

51

* Prison Breek
READ THESE

Lips

"1 assume

responsibility

for

those

things

where I may have made mistakes, errors in judgment, as close where I may not have maintained an oversight, where I delegated

responsibilities

I should have kept to myself"
a murderer was

- Malcolm McMillin, on failing to notice a smuggling ring in the jail, for not knowing working on a minimum-security busting his budget

penal farm, and for of thousands of

by hundreds

dollars (Clarion-Ledger, Jul. 26, 2004)

"No matter how you slice this thing up, I'm responsible. The bottom line is it's my job ... " Malcolm McMillin, after two rapists escaped from the Hinds County May 1,2003) Detention Center (Associated Press,

Over the past dozen years or so, at least 16 inmates have escaped from the Hinds County Penal Farm, where inmates leave the 15 of

grounds with armed deputies to participate in work programs.

them were caught relatively quickly, but one of them, a convicted burglar and drug user, is still at-large to this day. Another four,

52

including two rapists, escaped from the county jail. eventually caught.

All four were

Background:

Penal Farm

The Hinds County Penal Farm is a site where about 200 inmates are able to leave the grounds with armed deputies to participate in work programs such as picking up litter. 2004) (Clarion-Ledger, Jul. 26,

1/10: Misdemeanor Offender Escapes from Farm
In Jan. 2010, misdemeanor offender Brian Lunsford escaped from the Hinds County penal farm. (Associated Press, Jan. 7, 2010) He was caught three hours later.

4/06: Two Burqlars Escape from County Jail

In Apr. 2006, two convicted

burglars

escaped from the Hinds

County Detention Center after crawling through an air vent at night. One, Robert Jason Bowen, was caught almost immediately.

Christopher Lane was also caught and is back in jail.

Christopher Jason

Wade Lane, 39, of Bolton and Robert of Rankin County escaped

Bowen

53

the Hinds County between 9 p.m.

Detention Saturday

Center and

in

Raymond Sunday,

10 a.m.

Undersheriff Bill Gowan said.

Lane has been in custody since August 2005 on an armed-robbery charge, Gowan said. He is described

as 5 feet 7 and 160 pounds.

It was only the second escape at the Raymond facility since it opened in November 1994.

The inmates are not cell mates but stayed in the same pod, Gowan said. Their beds in their closed cells were made up to appear they were both asleep overnight.

It is thought the men gained access to a maintenance room adjacent to the pod, climbed through the vent to the outside and crossed the chain-link fence topped with barbed wire, Gowan said.

The door to the maintenance room is always locked, Gowan said. The door was either accidentally unlocked Saturday left

night or the inmates picked the

lock, he said. (Clarion-Ledger, Apr. 10, 2006)

10/05: Three Inmates Escape from Hinds County Penal Farm

54

In Oct. 2005, Danny Ivy, Gregory Hobson and James Bruce escape from the Hinds County Penal Farm. (Clarion-Ledger, Nov. 2, 2005)

HOBSON, CHILD SUPPORT DEADBEAT,

CAUGHT AT EXOTIC DANCE CLUB

The Hinds County Sheriffs

Department caught Gregory Hobson in

Nov. 2005 as he was preparing to go onstage at an exotic dance club.

Hobson was serving time for contempt of court for failure to pay $24,000 in child support payments and now faces additional Malcolm McMillin. escape charges, said Sheriff

"You

don't

expect

someone

charged

with

child

support to be a flight risk," McMillin said. Ledger, Nov. 8, 2005)

(Clarion-

BRUCE, BURGLAR,

CAUGHT SHORTLY AFTERWARD

James Bruce, a convicted burglar, was caught in Texas not long after escaping. (Clarion-Ledger, Nov. 8, 2005)

IVYI'-BURGLAR,

CAUGHT SHORTLY AFTERWARD

Danny Ivy, a convicted burglar, was caught in Natchez not long after escaping. (Clarion-Ledger, Nov. 8, 2005)

55

8/05: Dangerous Convict Escaped from Hospital

In Aug. 2005, Jeremy Hayes, a career criminal, escaped from the custody of Hinds County Sheriff deputies after being taken to a hospital for stomach problems. He was caught shortly thereafter

and two deputies lost their jobs as a result.

A Hinds County sheriffs deputy was fired and another has resigned following the escape of an inmate from a hospital.

Undersheriff

Bill

Gowan

would

not

identify

the

deputies, saying it isa personnel matter. He did say both deputies had worked for the department thana year. more

Jeremy Hayes, 24, was taken to Central Mississippi Medical problems. Center after complaining of stomach

Jackson

police

captured

him

Monday

in

a

neighborhood about 10 miles from the hospital, Mayor Frank Melton said.

Hayes is charged with four counts of armed robbery, one count of armed robbery of a business, three

counts of armed carjacking, and being a convicted

auto theft, kidnapping, in possession of a

felon

56

handgun, Jackson Police Department records show. (Associated Press, Aug. 12, 2005)

7/05: Inmate Escaped, Killed Man; Two Others Also Escaped

In Jul. 2005, Hinds County inmate Travis Smith escaped from a work detail and killed an innocent bystander after hitting him with his car. Two other inmates escaped and were eventually returned.

Shawn allegedly

Wilford, driven lane Police

33, died by

Thursday veered and

when

a car, the said

Smith, street

across hit him,

westbound Jackson Graham.

of the

Department

spokesman

Robert

Wilford was dragged several feet before the car hit a retaining wall, Graham said. He said Smith then got out of the car and ran away.

McMillin said Smith told deputies he had been driving his father's car, which had his brother's license plate on it, when the accident happened.

On Wednesday,

deputies

arrested

the other

two

inmates who left the work detail. Sheriffs office Capt. Steve Pickett said Eugene Palmer, 21, and Jerry

Jerome Harris, 23, were both charged with escape and returned to the jail.

57

The three inmates had been held for failing to repay fines owed to the city of Jackson, (Associated Press, Jul. 15, 2005) McMi"in said.

7/04: Druggie Escaped from Farm; Caught a Day Later

In Jul. 2004, convicted meth user James Coker escaped from the Hinds County Penal Farm. He was caught the next day.

Escapes from the facility are infrequent, said Pickett.

"You've got somebody said. "The county

that's not a danger," Pickett so much good for work

does

programs, so when this happens, it's unfortunate," he said. Nonviolent offenders are assigned to work

detail. (Clarion-Ledger,

Jul. 9, 2004)

James Dean Coker, 43, escaped Thursday work project in Raymond. He was

from a by

captured

Jackson police on Friday.

Coker stole a white 2002 Ford F-350 pickup from nearby Hinds Community College, police allege. The truck was recovered late Thursday night at a grocery parking lot in Jackson.

58

Officers took Coker into custody about 12:15 p.m. Friday at a discount store near the corner of Terry and McDowell roads in Jackson, said Hinds County Sheriffs Department spokesman Lt. Steve Pickett in a news release. (Associated Press, Jul. 10,2004)

4/03: Two Rapists Escaped from Prison
In Apr. 2003, two convicted rapists escaped from the Hinds County Detention Center. Jail staff did not notice the pair had escaped until 14 hours afterward. One was caught later that day, while another was loose for about a week. Sheriff Malcolm McMillin has fired one jailer and plans to discipline three others following a jailbreak at the Hinds County Detention Center. Jailers noticed inmates Paul Boykin, 21, of Jackson, and Nathaniel Brent, 27, of Clinton, were missing about 10 a.m. Monday, some 14 1/2 hours after they had escaped, McMillin said.

McMillin said the jailers failed to "physically observe and count each inmate" during their shift Sunday, although jail records indicated they had.

59

Boykin and Brent put pillows under their bed sheets, making it look like they were in bed, McMillin said. The sheriff said he is waiting on recommendations from supervisors before deciding what disciplinary action will be taken against the three jailers. Boykin, was captured shortly before 6 p.m. Monday at North Hill Square Apartments in Jackson. Brent remained at large on Thursday. "I will feel a lot better when we get him," McMillin said. "No matter how you slice this thing up, I'm responsible. The bottom line is it's my job ..." Boykin and Brent, both jailed on rape charges, walked out a fire emergency exit that should have been locked, McMillin said. 2003) (Associated Press, May 1,

1992-2002: Six Escapes from Penal Farm, One Still at Large
From 1992-2002, six inmates escaped from the Hinds County Penal Farm. Five were caught; one - Patrick Spann, is still atlarge. He is a convicted burglar and drug user. (Clarion-Ledger, Oct. 25, 2002; Mississippi Department of Corrections - Patrick Spann)

60

2000:

CONVICT ESCAPES, ROBS CONVENIENCE STORE

In Jul. 1999, Alex Walls escaped from the Hinds County Penal Farm and robbed a convenience store before being thrown back in jail. A Hinds County Penal Farm escapee was arrested on business burglary and auto theft charges after a Tuesday morning chase through a northwest Jackson neighborhood. Alex Tyrone Walls, 20, of 311 John St. in Jackson, is accused of taking a black Chevrolet van from Brandon and then breaking into ANG Texaco at 3376 Medgar Evers Blvd., police said.

VVailsleft a Hinds County Penal Farm work crew on April 21, said Teresa Gardner, Sheriff Malcolm McMillin's administrative assistant. Walls was working off a misdemeanor fine and had only two days to go when he left, Gardner said. Jackson police were called to the Texaco around 7 a.m. after the burglar bars on the store's door were pulled off. "From all indications, a chain was hooked to the burglar bars and attached to the van," Jackson police spokesman Robert Graham said.

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\Nalls also has three other felony charges pending from arrests by Jackson police on Feb. 16 and March ~~O. \l\/alis was charged with felony possession of crack cocaine and a misdemeanor charge, possession of paraphernalia, in February. Walls posted a $1,000 bond on the felony charge and agreed to a payment plan on the misdemeanor charge.
In March, Walls was arrested on business burglary

and auto theft charges, both felonies, and a contempt charge stemming from a misdemeanor possession of marijuana charge. Jackson Municipal Court Judge David Rozier

approved Walls' release on his own recognizance on the burglary and auto theft charges. Affidavits had not been signed against Walls on the charges when Hazier ordered his release April 4, court records show. However, Walls remained in custody to work off the misdemeanor fines. (Clarion-Ledger, Jul. 21, 1999)

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* Sending
READ THESE

Violent Inmates Into the Community

lips

"There's no answer for it. ... I'm not going to have any problems happening with it because it's not Sheriff McMillin, on

anymore."

violating the law by sending

inmates out into the

community to work (Clarion-Ledger, Jul. 3, 2009)

Malcolm McMillin is such a strong believer in rehabilitation that he has no problem sending inmates, even violent ones, out into the community. In 2009, the state Department of Corrections had to

tell the sheriff to stop sending inmates out to work, as he was violating the law. Sheriff McMillin also created a program that let convicted felons be volunteer firefighters.

Illegally Sent Inmates, Including a Violent One, Offsite to Work

In Jul. 2009, Mississippi Department of Corrections Commissioner Chris Epps had to tell Sheriff McMillan to stop sending state

inmates out to work, as it was in violation of state law.

The inmates sent out by the Sheriff's worked in various jobs.

Department

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" Convicted felon Gabrielle Anderson did clerical work at the Museum of Art for several weeks earlier this year. Anderson is serving six years concurrent on four charges of kidnapping, with four years of probation to follow. She was convicted in Hinds County in 2006. Museum of Art Director Betsy Bradley said the

museum had no trouble with Anderson. qood job while she was here." * Diane operator Tillman for the was working

"She did a

as a switchboard She was

Sheriffs

Department.

convicted in Hinds County in January and is serving five years on an embezzlement charge. * Amy Delaughter burglary. County. Services downtown. She was is serving three years for house convicted in March in Hinds Community

She was working but now answers

at Stewpot

the phones at the jail

The Sheriffs Department has had a standing, but not written, policy for years to use state inmates at

agencies such as Stewpot, The American Red Cross and the Museum of Art, Chief Deputy Steve Pickett said.

"The sheriff believes in rehabilitation," Pickett said.

But the state first must perform mental, physical and background checks on all inmates it classifies as

64

those who can work, Epps said. Once they pass the checks, inmates can only work on jail grounds, Epps said.

A court order filed at the beginning of June puts an end to sending inmates off site.

Since

1983, the

state

has

renewed

a standing

agreement downtown

with Hinds County to house prisoners without inspection of the facility or its

records, prisoners' rights attorney Ron Welch said.

The state last year changed that policy, and Welch now must inspect each factlity every year before the agreement is renewed.

On a recent inspection of the downtown jail, Welch found the unclassified inmates out in the community working. (Clarion-Ledger, Jul. 3, 2009)

SHERIFF HAD

No

IDEA HE WAS VIOLATING

LAw

Sheriff McMillan had no answer for the violations and stated that it would not happen again.

Aside from one inmate being a violent offender, the others were ineligible to perform community service

because they had not been approved to do so by the state.

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McMillin's office for years has sent inmates into the community to work in exchange for "good time" credit on their sentences. McMillin has said he was unaware his department was violating the law.

"There's

no answer for it," McMillin said. "I'm not

going to have any problems with it because it's not happening anymore." (Clarion-Ledger, Jul. 3, 2009)

Created Proqrarn to Use Felons as Volunteer Firefighters

Malcolm McMillin was one of the founders of Firefox, a program that lets some convicted felons be volunteer firefighters.

The 23-member and county

squad is made up entirely of state who are screened by the

inmates,

Sheriffs Department before they can join.

Firefox backs up all the fire departments

in Hinds

County and battles brush and wildfires when needed. "That program has been very successful," said Byram Volunteer Fire Department Assistant Chief Tim

Everett. "It's helped the guys on the team. them are going on to be firefighters. something to look forward to."

Some of

It gives them

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