DA Office Update 6/8

Shelby County District Attorney

 

DA Office Update

Happening in Court

This week in Criminal Court Division 8, defendant and serial rapist Joshua Beadle entered a guilty plea to 15 years, to be served consecutively to the 25 year sentence that he received on his last Aggravated Rape conviction. He has other Aggravated Rape cases still pending. In this case, the victim was walking to her car during the early morning hours from Beale Street. Defendant Beadle followed her, put something to her back, and choked her when she began screaming. Defendant Beadle took the victim’s cell phone and money, and then took her between two dumpsters in an alley and raped her. ADAs Missy Branham and Scot Bearup handled the case. 

We have increased the charges on Wesley Caldwell, the person accused of assaulting and severely injuring victim Marc Coleman at a golf course. Upon arrest, he was originally charged with Aggravated Assault. On Thursday, June 1st, the Grand Jury indicted him for Criminal Attempt Murder 2 and Aggravated Assault. In this case, victim Coleman was playing golf with a friend at the Links at Whitehaven, when a ball was hit over to another hole. When victim Coleman and his friend walked over to pick up the ball, defendant Caldwell threw the ball in another direction. Then, defendant Caldwell struck victim Coleman in the head with his golf club, causing serious injury. For more, see this article from ABC24: Man accused of hitting community leader in head with club at golf course indicted for attempted murder.

In the case of Demarian Tackett, the 15-year-old accused of shooting local vendor John Materna, aka “the Watermelon Man,” ADDA Ernest Brooks approved a transfer review request and a notice of intent to seek transfer to adult court has been filed. Tackett is charged with: Murder 1, Murder 1 in perpetration of a felony, Aggravated Robbery x 2, Carjacking, Aggravated Robbery x 3, Possession/employment of a firearm during the commission of a dangerous felony x3, Possession of burglary tools, Vandalism under $1,000, and Vandalism $2,500-10,000. He is in custody, and his first court date will be June 13. For more, see this article from Fox13: 15-year-old charged as adult in shooting death of 'Watermelon Man,' DA says.

Update: On Tuesday, May 23rd, our office obtained an indictment against Chase Harris, the alleged shooter at Huey’s restaurant, for two counts of theft of property, and on Wednesday, May 24th, he was then taken into custody on a $210,000 bond. If he posts that bond, there will be a “source hearing” to determine whether he obtained bail legally. Currently, he remains in custody. Thanks to ADA Vickie Carriker for moving swiftly in this case; first for moving to revoke the bond within days of Harris’ arrest for the Huey’s shooting, and then for obtaining an indictment and arranging for his arrest a week after that. For more, see this article from WMCTV5: Accused Huey’s shooter indicted, back in jail on $210K bond.

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Pictured above, DA Mulroy at the memorial birthday party for Tyre Nichols at Bluff Park, with national civil rights attorney Ben Crump and Memphis NAACP President Van Turner. Read more about the celebration of Tyre's life in this article from Daily MemphianHundreds celebrate what would have been Tyre Nichols’ 30th birthday.

DA Mulroy Argues In Court To Protect Authority Of Locally Elected DAs

On Friday June 2, DA Mulroy argued before the trial court in McKay v. State, opposing the State Legislature’s recent attempt to strip locally elected Tennessee DAs of authority in post-conviction death penalty proceedings. Assisted by the Public Rights Project (PRP), a nonprofit public interest law firm, DA Mulroy filed a brief arguing the newly passed law, which transfers that authority to the Attorney General, was unconstitutional. 

“This law transfers the most solemn power a DA has—cases literally involving life and death—-from a locally elected resident of the county to a distant, unelected state officer. It effectively disenfranchises the voters who voted for 32 DAs across the state,” said DA Mulroy. “I felt it was my duty to point out its unconstitutionality. I thank PRP for assisting me in doing so.”

Mulroy supported defendant McKay’s motion to disqualify the Attorney General from representing the state in trial-level post-conviction proceedings in his capital case. Among other things, we contend that the law violates the part of the Tennessee Constitution which says that in criminal cases in circuit or district courts, the State is represented by a locally elected official; and that also it violates the TN Constitution’s right to vote. Judge Paula Skahan is expected to have a ruling by July 17th. For more, see Ruling on AG's involvement in some death penalty postconviction motions to come by mid-July in The Commercial Appeal.

SCDAG Criminal Investigative Division Brings “Cold Case” Defendants To Justice

As part of our new Cold Case Initiative, our Criminal Investigative Division located several missing defendants with warrants that had been outstanding for years.

CID Investigator Jim Byars facilitated the arrest of defendant Alvin Thomas, who was indicted on 06/10/2020 for Aggravated Rape (that occurred in 1995). Defendant Thomas was arrested by US Marshalls in Lafayette, LA, on May 31, 2023. In this case, defendant Thomas allegedly forced the victim into his car at knifepoint, sexually assaulted her, then dropped her off down the road. CID Byars also facilitated the arrest of defendant Henry Smith, who as indicted on 12/06/2018 for Aggravated Sexual Battery. In this case, the defendant allegedly sexually assaulted a minor child who he was babysitting. He was located by US Marshalls in Brooksville, MS, and subsequently turned himself in to Shelby County Fugitive Squad on June 01, 2023.

CID Investigator AJ Kant facilitated the arrest of defendant Michael Kirk who was indicted on 12/8/22 for Elderly Adult Abuse, Domestic Assault, & Assault. He was found to be living in Olive Branch, MS, and arrested by the Desoto County Sheriff’s Office on May 31, 2023. In this case, defendant Kirk allegedly assaulted his father, who had asked the defendant to come over and remove his vehicle from the victim's business property.  

Pride

Last Saturday, DA Mulroy became the first Shelby County District Attorney to march in the MidSouth Pride Parade, alongside many SCDAG Office staff and their families. Pictured above, DA Mulroy with driver Criminal Investigator Ed Hall and Victim Witness Coordinator Natasha Burnett (front seat). DA Mulroy got out and marched for the parade’s last half. Pictured below, DA Mulroy with attending SCDAG Office staff and their families. Special thanks to Director of Community Affairs ADA Tracye Jones (pictured front row, right) for organizing the group. 

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WTDTF Earns Top Awards at National Canine Competition

Agents and canines from the West Tennessee Drug Task Force (WTDTF) attended the National Narcotic Detector Dog Association’s annual training conference and competition this past week in Murfreesboro. Special Agent Andre Nash and his canine partner Jake (pictured below) earned a total of 5 awards at the conference for their teamwork. Together, they took home: 1st place in the competition; Top Gun award (for placing during their first year of competition); Bark Bandit Trooper award (highest scoring canine 5 years or older); and, Mike Brown award (highest placing Belgium Malinois in the competition). “I’m proud of, but not surprised by, the awards our Drug Task Force agents and their canine companions took home from the competition,” said Shelby County District Attorney Steve Mulroy. “I’m grateful for the work they do to help keep criminals and dangerous drugs like fentanyl off our streets.”

canine awards

SCDAG Office in the News

From The Washington PostRuling on Tennessee's anti-drag law leaves questions about enforcement, next steps

"Mulroy told reporters Tuesday that the Trump-appointed judge was clear the statute violated the First Amendment. 'Therefore, I think it is unlikely, or should be unlikely, that other DAs around the state will enforce it,' he said. 'And then, if they do attempt to enforce it, I think the defendant will have a very strong First Amendment defense.'
 
Mulroy, a Democrat, added that he was 'probably never been happier to lose a lawsuit.'

'I’ve always thought that the drag show bill was a solution in search of a problem and that by chilling free expression and making the LGBT community feel targeted has done more harm than good,' he said."

From Daily MemphianJudge to decide whether DA, state can challenge death penalty cases

"During the Friday proceeding, Mulroy argued that there is a 'zone of inherent discretion that local elected district attorneys have that can’t be abrogated or divested or transferred by another branch of government.' Mulroy said the new law violates the Tennessee Constitution and citizens’ voting rights."

From WMCTV5: Mulroy addresses gun violence in Shelby County

'Our office is trying to do things different from what’s been done in the last decade in order to address this problem,' said Mulroy...he wants to reduce the growing number of loaded and unlocked guns ending up in the hands of repeat offenders or children. This upcoming special session in August, Mulroy is asking state officials to do two things to help reduce gun violence in Shelby County. 'First to repeal permitless carry and reinstate sensible handgun carry permit regulation, and second to consider extreme risk orders in protection,' he said."

From WREG3: DA: Most charges dropped after family claims wrongful arrest

[Regarding the widely reported incident where four Muslim relatives called the police to report finding shell casings and got arrested ]

"District Attorney Steve Mulroy said Tuesday that most charges had been dropped, except against Jamil Ibrahim. Mulroy said video of the incident showed “questionable behavior” by Ibrahim and the police officer, and said MPD is conducting an internal investigation."

From the MLK50 Weekly Newsletter 6/5: What they said, What they didn't

"On May 17, an unintended response to the mayor’s Monopoly message came when the Memphis Flyer published a piece showing that the MPD’s clearance rate — the ratio of crimes reported to arrests made — was well below the national average, aka, in the words of Mulroy, “abysmal.” (The DA graciously didn’t blame the police chief or the department, which he called “under-resourced.”)"

 

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Stay safe and thanks for reading,

Steve Mulroy

District Attorney