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NAACP weighs in on Mobley case
Published Thursday, May 21, 2009
WINTON – New details have come to light, including the involvement of the Hertford County Chapter of the NAACP, into last week’s criminal action against Hertford County Magistrate Leonard Mobley.
At a press conference (dealing with an Economic Rights Summit; that story will appear in a later edition) held Wednesday morning at the Elk’s Shrine in Winton, Hertford County NAACP Chapter President Carl White said his group has asked for an independent investigation of the incident.
The incident, which occurred Jan. 14 at the Ahoskie Police Department, involved Mobley, Hertford County Senior Magistrate. It is alleged that while processing Jerome Cross, an Ahoskie man arrested for trespassing on Jan. 14, Mobley struck Cross twice in the face.
White was concerned over the length of time it took for formal charges to be brought against Mobley - a criminal summons for simple assault was filed on Friday of last week.
He was also concerned over why, with two Ahoskie Police officers allegedly in the room at the time of the incident, wasn’t Mobley immediately arrested for assault.
Additionally, White said he was upset over Cross’ claim that he was refused medical treatment following the incident.
“This has the appearance of a cover-up,” White said.
Following Wednesday’s press conference, White told the Roanoke-Chowan News-Herald that he feared an internal investigation would not produce a fair outcome.
“We would like to see an impartial person or persons with no ties to Ahoskie, Hertford County or even the eastern part of the state investigate this,” he stressed.
When asked if the State Bureau of Investigation would be worthy of the job, White replied, “Yes, as long as they send someone without any ties to this area.”
In another twist to the story, the Roanoke-Chowan News-Herald obtained a copy of the case file from the Hertford County Clerk of Court. In that file was a copy of an April 22 letter sent by Cross to District 6B Chief District Court Judge Alfred Kwasikpui, who oversees all Magistrates within the local three-county district.
The letter was a formal complaint against Mobley. It also shed new details not reported in Saturday’s edition (“Magistrate charged”) of the News-Herald.
In the letter, Cross claimed he went to the Ahoskie Police Department earlier on Jan. 14 to file a complaint against his landlord.
“Instead of taking my complaint, Mr. Mobley threatened to have me arrested if I went back home even though I had receipts showing that I was paying rent to Ms. Pressley to live there, and he also refused to allow me to return home to pick-up my son,” Cross wrote.
The letter continued, “Since I had no where else to go and I didn’t want to leave my son there, I returned home. (APD) Officer Wheeler was order (sic) by Mr. Mobley to pick me up and bring me back to the police station. A warrant for trespassing was issued for my arrest.”
Cross went on to claim that based on Mobley’s previous actions and telephone conversations he had overheard Pressley having with the Magistrate, he accused Mobley of having a relationship with Pressley…“at which point Magistrate Mobley punched me in the face two times.”
Cross was also charged last Friday in the Jan. 14 incident. He was issued a criminal summons for disorderly conduct by using abusive language.
The chain of events leading up to as well as the alleged assault by Mobley on Cross were videotaped, part of standard operating procedure within the Magistrate’s office located at the Ahoskie Police Department.
That tape may be entered into evidence today (Thursday) during a scheduled Administrative Hearing within Hertford County Superior Court. That hearing was ordered by Judge Kwasikpui, who suspended Mobley, with pay, until a determination is made on Mobley’s future as a Magistrate.
Today’s hearing was scheduled before District 6B Senior Resident Superior Court Judge Cy Grant. However, according to the case file, Judge Grant entered an order of recusal on May 9 based on facts that his “impartiality and objectivity could reasonably be questioned if he presided at the hearing in this matter.” Judge Grant said he and his wife, local attorney Rosiland Grant, have been friends with the wife of Magistrate Mobley for 25 years. Mr. Mobley’s wife is Annie Mobley, who represents the 5th District in the North Carolina House of Representatives.
According to the Clerk of Court’s file, Robert H. Hobgood of Louisburg, Senior Resident Superior Court Judge of the Ninth Judicial District, will preside over today’s hearing.
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Comments
Posted by 27910 (anonymous) on May 22, 2009 at 12:03 a.m. (Suggest removal)
Both officers who were present in the room should be fired for not arresting the Magistrate immediately after he struck this HANDCUFFED prisoner. At no time should any official strike any prisoner except in defense of themselves and others in order to take them into custody. It sounds as if The Ahoskie Police Dept. should prepare themselves for a major lawsuit and the citizens of the Town should expect their taxes to be going up to pay for this Man mistakes and poor judgement. But as far as the coverup is concerned, the Mayor, Mrs. Blackburn, needs to look into the matter and the decision she made to appoint certain people or persons into the Leadership position of Head Law Enforcement for the Town of Ahoskie. The officers actions are a reflection of their Boss, who is the Chief,and the Major, Jimmy Asbell. Major Asbell just happens to be married to the DA (District Attorney) Valerie Asbell. Go figure, is this poor judgement or a coverup being uncovered?
Posted by countrygirll1979 (anonymous) on May 22, 2009 at 8:43 a.m. (Suggest removal)
oh well that is what happens all the time every race, every gender, things happen. Mobley should not have hit him and he should not have ran his mouth. I don't believe that the man deserves to lose his job just a small slap on the wrist don't do it again and the next time he knows to control his anger. As far as the police, they were probably caught off guard by the whole incident and leave the DA alone.. everybody goes to the da for a one time please don't hit me to hard cry and she/he may be nice to you the first time but if you keep going back thry will throw the book at you... So just leave the whole matter alone it is not that big of a deal they both apologize to each other in a written letter and all the charges be dropped on both of them... case over.. the state give the dude a couple of thousands for being slapped and that is it. everybody satisifed
Posted by ladybug (anonymous) on May 27, 2009 at 1:14 p.m. (Suggest removal)
Thats the problem everyone wants a slap on the wrist. As a citizen if you felt threathened by someone and you decided to punch them in the face you would be charged with assault, no questions asked, but because Mobley is a government official you want him to apologize and everything is forgiven; I don't think so. He should be treated just like anybody else, he shouldn't have just lost his job he should have also been charged with assault. The people who are supposed to uphold the law think that it is ok to break the law and it just isn't fair. Then Mobley's lawyer wanted to bring up the other guys past history, what did that have to do with the fact that a government official hit him. If it was the other way around and Cross felt threatened by Mobley and he hit him in the face what would have been done to him. I am not condoning anything that Cross has done or will do in the future, all I am saying is that Mobley should be held accountable. I don't feel sorry for him nor do I feel like his punishment is unjust he is getting exactly what he deserves. Maybe this will be a lesson to current government officials as well as future ones, let them be the one to learn the lessons from Mobley's mistakes because he has been in office for 21 years he should have known better. Apparently Cross was hitting some nerves to have made him that mad.
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