A Greenwood High School student testified Monday that student James Marshall threatened to kill Greenwood police officer Casey Wiggins during a Dec. 6, 2006, altercation at the school.
The testimony came during a simple assault probable cause hearing Monday. Eyewitness accounts have turned the hearing into a two-day affair that will continue at 10 a.m. Thursday in Leflore County Circuit Court.
The question at the heart of the hearing is whether Wiggins used excessive force when he arrested Marshall.
Kenneth Duncan, a junior at the time of the incident, said he noticed four guys, including Marshall, standing in the hallway just outside the teacher's lounge.
He said Wiggins approached the foursome and said, "What's going on?"
Duncan said that at one point during the altercation, Marshall said "I'll kill you" to Wiggins as the officer was trying to place the young man under arrest.
The incident is also the subject of a $2 million federal lawsuit brought by Marshall. That suit names Wiggins, Police Chief Henry Harris, the city of Greenwood and the Greenwood school district as defendants.
Tuesday's hearing, before Circuit Court Judge Ashley Hines, was an attempt to see if enough probable cause exists to proceed with a criminal simple assault case against Wiggins.
Regina Henderson, a school library clerk, said she saw Wiggins escorting Marshall down the school's main hall.
"They were trying to get him in handcuffs," she said.
Marshall "was doing a lot of cursing," Henderson said.
When asked if Marshall appeared to be afraid of the officer, Henderson said no.
"He wasn't afraid. I was afraid, though," she said.
As the hearing continues, the prosecution will attempt to present at least two more witnesses.
Marshall, a senior who is currently enrolled in summer school at Greenwood High, took the stand first and described what happened more than seven months ago when Wiggins, who was working school security, approached him.
Under direct questioning by District Attorney Joyce Chiles, Marshall said he was showing his new tattoo off to some friends in front of the teacher's lounge shortly after noon when Wiggins "pushed me to the wall."
When Wiggins attempted to kick Marshall's feet apart, the officer lost his balance and both Marshall and Wiggins fell into the doorway of the teacher's lounge with Marshall landing on top of the police officer.
Some of the action was recorded by a security camera located in the teacher's lounge. Another camera in the school's main hallway also recorded a portion of the incident.
Once Wiggins was on the ground, Marshall said, the officer started kicking Marshall and eventually pulled his pistol on him.
Later, Marshall said, when Wiggins led Marshall out into the main hallway, Wiggins threatened him.
Marshall claimed that Wiggins poked his pistol into his head while trying to place him in handcuffs in the hallway. He said he was cooperating with Wiggins and genuinely feared for his life.
Wiggins' defense attorney, Mitchel Creel of Greenville, asked on cross-examination how many times Marshall had used the "M.F. word" while being placed under arrest.
Marshall replied that he might have used the expletive twice.
Creel noted that in Marshall's written affidavit, Marshall had said Wiggins only attempted to cause him bodily harm.
Marshall countered by saying that he did not write the affidavit that he signed.
Creel showed Marshall an enlarged color picture from the security footage and asked the senior if he was smiling while being led away by Wiggins and Greenwood High special education teacher Theodore Davis.
"Do you deny that?" Creel asked Marshall. "Yes, sir," Marshall said.
Davis later took the stand and said he noticed a commotion in the hallway as students were congregating around Wiggins and Marshall. He attempted to assist the officer in escorting Marshall down the hallway to the school's office.
Davis said he did not know Marshall, who he said was resisting the officer.
"Was he trying to break free?" Creel asked. "He was definitely resisting," Davis said.
Davis described the situation that day as "very tense" and said he was "concerned for the safety of myself and the students."
Bessie Frison, a custodian at the school, said she noticed the two men after they fell through the door of the lounge.
"The door flew open, and when the door flew open, the guy was over him," she said referring to Marshall being on top of Wiggins.
"He wasn't scared of the officer?" Creel asked. Frison said Marshall didn't appear to be scared of Wiggins.
Leigha Hughes, Greenwood High biology and human anatomy teacher at the time of the incident, said she saw Wiggins wrestling with Marshall as he tried to place him in handcuffs in the hallway.
Marshall did not appear to be scared, she said. "He was more agitated than afraid."
