The simple battery criminal cases involving community activist Woody Merry and Coliseum Authority member William Fennoy have been resolved without going to trial.
A resolution worked out by the State Court solicitor allows the city to put behind it -- $13,000 in taxpayer-paid legal bills notwithstanding -- the May 29 fracas that one judge called a civic embarrassment.
Monday's resolution shifts blame to Mr. Merry but requires only that he write a letter of apology and behave himself at public meetings.
"Fifty-year-old men don't need to resort to violence," Mr. Merry, 55, said outside the courtroom Monday morning, after State Judge Richard Slaby signed an order "dead docketing" the simple battery case against him and dismissing the simple battery case against Mr. Fennoy, 60.
Mr. Merry also said, however, that he wrote the apology letter "just to get it to go away," and later his attorney, Chris Hudson, led him away from Solicitor Harold V. Jones II when he started forcefully telling him about his dental bill and being called a "redneck."
Mr. Fennoy would not comment Monday.
Mr. Jones said he interviewed seven witnesses, all but one of them Coliseum Authority members. Five said they didn't see what started the fight, but two -- authority member Mildred McDaniel and Ben Hasan, host of Comcast TV's Community Concerns -- said Mr. Merry pushed Mr. Fennoy first.
According to various accounts, Mr. Merry, founder of CSRA Help and the Association for Fair Government, confronted Mr. Fennoy in a corridor of the James Brown Arena minutes before a Coliseum Authority meeting. There he challenged him for not attending a previous meeting, which prevented a quorum and a likely vote to rehire former facilities director Julie Huggins.
Mr. Fennoy told him, "Get out of my face," but Mr. Merry went on criticizing him as he followed him into the meeting room, witnesses said.
The first chest bump happened when Mr. Fennoy turned around, the solicitor said. It's unclear if Mr. Fennoy intentionally bumped Mr. Merry, or if Mr. Merry was following him too closely.
The argument continued, the dead docket order says, and Mr. Merry pushed Mr. Fennoy, causing him to fall backward. When he regained his balance, he pushed Mr. Merry to the floor and kicked him. Some witnesses said Mr. Merry kicked back from the ground, but others disputed that.
Both men were arrested on misdemeanor charges June 27 after a probable cause hearing. Civil and Magistrate Judge Scott Allen urged them to make up, but Mr. Fennoy's attorney, Evita Paschall, said he wished to proceed. The Coliseum Authority had voted a few days earlier to pay Mr. Fennoy's attorney costs.
Ms. Paschall was paid $3,000 to represent Mr. Fennoy and an additional $10,000 for time spent visiting the crime scene, interviewing witnesses and "extensive research," according to her bill.
With his case dismissed, Mr. Fennoy can apply to have his record expunged. Mr. Merry has to wait a year.
Reach Johnny Edwards at (706) 823-3225 or johnny.edwards@augustachronicle.com.
WOODY MERRY'S APOLOGY LETTER
Dear All:
Please accept this letter as my unconditional and heart-felt apology to the Coliseum Authority, to Mr. William Fennoy, personally, and to the Citizens of Augusta-Richmond County for disrupting the Coliseum Authority's meeting on May 29, 2008.
As you all know, my goals as a Community Activist in Augusta-Richmond County have always been to facilitate a constructive discourse regarding issues of economic development and the fiscal responsibility of our local government; however, on rare occasion, I may become over-zealous with respect to my sincere belief that we must all come together as one Community in order to achieve these goals.
Please know that I am truly sorry for this incident, and that I have learned a valuable lesson regarding diplomacy which I will take forward with me for the remainder of my life.
Very Sincerely,
Bradford W. Merry
Comments
These two idiots act like juveniles and we the taxpayers loose $13,000.00 of which could have gone to need of the community. The judge should have ordered leagl fees to be paid by one or both of them but not a single dollar is tax payer money should have been spent. Maybe the county should sue for the $13,000.00 and legal fees.
$13,000.00 down the tubes thanks to these 2 childish idiots! Can't blame the lawyer in this case because she just benefitted from the explosive temperments of Fennoy and Merry. Both men were obviously wrong and took things too far, and I really think somebody owes the city their money back. After thinking awhile on it, I think Fennoy would owe more of it (not all of it) than Merry, because he's the one that jumped at getting a lawyer...a lawyer that the Clown Authority...uh, I mean the Coliseum Authority approved. So maybe they should pay it back. No, wait, that wouldn't work because they'd only use OUR money to pay US back! Idiots!
I think the county commission should insist that Ms. Paschall submit a detailed bill showing an hourly rate and exactly how much time was spent doing what. A number of local attorneys have said that a case of this nature should cost less than $2000 to defend. Ms. Paschall is obviously stealing from the county.
Sorry to see them put a muzzle on Bulldog Woody Merry. He is one of the few in this area demanding government accountability. He still has my respect for all that he has done. I’ll bet he had his fingers crossed.
The only bad thing about this whole mess is Paschall. The two men were idiots to get in to a fracas, but beyond that Paschall just plain took the county to the cleaners. She needs to be investigated concerning the bill she presented. It was $10,000 to visit the "crime scene". Was there blood on the floor maybe? She sounds like a CSI wannabe.
It's like a penalty situation in football. It's not who throws the first punch, it who's spotted first by the refs. It's difficult to find more fault with one then the other. They both should have been fined $6,500 to cover the $13,000 of taxpayer money. Oh well, at least this won't stop Merry's activism, but I'll bet it will stop the brawling.
I regret that the situation was allowed to be resolved without each person being required to personally repay all attorney fees & court costs. Personally I think each participant should be responsible for their own damages with no help from tax payer monies. Kinda like a no fault accident. Children have to learn somehow.
13,000?
Trust me friends, this was at best $1300 worth of legal work for a rookie.Paschal should donate the difference to charity.
Well Merry was the "aggressor" so he should have been charged, if it was me and the court said he was at fault, I would still sue him and press charges. I bet now he will NEVER run up in anybody's face. Lord knows if it was me that he bumped chest with and then pushed, when I got through with him after the fact, I may have been charged with battery or attempted murder, NO ONE touches me PERIOD, especially a man like him.
nope defensive...
Obama forgives Mr. Merry, we are all equal now....tis just.
jack, you are one internet bad guy. lol "No one touches me" Either you've been arrested a million times for each person that has touched you in your life, or you're full of crap. I'm willing to bet it's the latter. Let's not forget you mentioned you will sue him and press charges. Which is it? Only chickens sue people.
To IMHO, remember that the $13,000 was not paid out of city of Augusta funds, but rather from Coliseum Authority funds, a separate governmental entity. So the County Commission has no way to intervene in the transaction. And let us not forget that Ms. Paschall may not be through, yet. She has done more work on Fennoy's behalf since receiving the $10,000 check. Expect at least one more large invoice from her.
Merry is the one at fault PERIOD. He should be made to pay all legal fees. If he had not initiated the confrontation by bumping Fennoy, there would not have been a $13,000.00 bill.
Fruitie, your comments are just plain nuts. Be a gentleman and walk away. You will be the bigger person for that and people will respect you. If you fight people say look at that nut and you are the only one who thinks they got respect. That "No one touches me" comment is just plain stupid and childish. What do you do if someone bumps you from behind in the line at the S&S? Turn around and deck them. IF Mr. Fenroy had taken the advise of Judge Scott Allen it would have been over but no he wanted to be the big Ike and sue. What did it do? Nothing but cost the city $13000.00. How childish of him and how childish of Mr.Merry. Both will be known for this action for the rest of their lives even though the records go away.
Seems to me both men were at fault. They should have made both men write an apology and then split the legal cost between them.
Merry will still be watching the bumbling, ignorant, uneducated, biased, backward, idiotic. inept, clowns that attempt to run the city...Trust me he aint sorry about nothing...just like dumb[filtered word] fennoy isn't.
I guess [filtered word] Merry will be around for a while.
Seems to me you have the story confused Hypocrites08, the article said Mr. Fennoy bumped Mr. Merry first. "The first chest bump happened when Mr. Fennoy turned around, the solicitor said. It's unclear if Mr. Fennoy intentionally bumped Mr. Merry, or if Mr. Merry was following him too closely."
No you need to read, they stated that they have 2 witnesses that stated that Merry PUSHED Fennoy first. Why do you think Merry had to write the letter of apology?
Yeah, or unlike some he believes in the letter of the law.
Hyprocrite, who gives a rats butt who is at faullt. They both acted childish and stupid and what did Mr. Fennory dobut run to the cops first to press charges. Mr. Fennroy should have attended the meeting and cast his vote just like he was elected to do. The charter should be changed so the the quorun is the number of people attending and then these childish actions of abstentions could not be taken. That is what started the entire problem when Mr. Fennory stayed away because he knew he was going to loose the vote.
I believe everyone that cares about a person's rights " gives a rat butt". He had a RIGHT to run, walk, crawl, hop or call the police if he felt assaulted. Whether you feel that Fennoy should have this or should have done that is not the question. The question is does a person have a right to be free from assault, whether in the work place or on the street? IMHO the answer is yes.
Uhhhh the two witnesses were certainly not biased in anyway...of course not. lol ...This is the coliseum folks we are talking about.
I thought one works for Comcast and I guess that makes that person bias right? Oh I forgot it's the witness last name that makes him bias. My bad!
William Fennoy is a coward. He kicked Woody Merry while he was on the ground.
Woody should not have fallen. I forgot that there were rules when fighting. A chiahuaua should not have attacked a Pit Bull.
Hyprocrite, I do care about a persons right to police help. But it was uncalled for in this incident. It was just like two children fighting. No one runs to the police when that happens, do they?
You did not acknowledge that the entire problem started when Mr. Fennory did not cast his vote but abstained because he knew he was going to loose. Personally I think both men acted like fools. Judge Scott Allen had it right when he said they should both make up. I would hate to know I acted like a fool and was told in the court room just like my parrents told me to do when a friend and I got in a fight to "make up". I would be very very embarressed.
jackfruit...it didn't go as you are trying to twist it. Read it again: "The first chest bump happened when Mr. Fennoy turned around, the solicitor said. It's unclear if Mr. Fennoy intentionally bumped Mr. Merry, or if Mr. Merry was following him too closely." If Fennoy had been doing his job properly, Merry would not have been frustrated and angry and it's unlikely this bump in the hallway would have escalated, they would have more likely laughed it off. The root of this whole problem is Mr. Fennoy was not doing his job.
If I were Mr. Merry I would not attend any public meetings for the year involved. It is my experience that he WILL be baited. Trust me.
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