Jury deliberating case of accused woman in Walmart case

Heather Ellis enters court with her father Rev. Nathaniel Ellis on Friday. Ellis is charged with assaulting police officers, resisting arrest and disturbing the peace. This is all in connection with an incident at a Walmart three years ago, and Ellis could face up to 15 years in prison if convicted. (Photo by Chuck Hadad/CNN)

By DAVID MATTINGLY, CNN

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KENNETT, Missouri (CNN) -- A jury Friday began deliberating the case of a woman who is accused of cutting in line in a Walmart, shoving merchandise and assaulting police officers.

Earlier Friday, Heather Ellis, 24, took the stand and denied all charges in the racially charged case. If convicted, she could be sentenced to up to 15 years in prison.

Witnesses and police say Ellis cut in front of customers at a Walmart in January 2007, pushed aside merchandise belonging to another customer to make room for hers on the conveyor belt and, after police were called to the scene, kicked one officer in the shin and split another's lip. The prosecution has also alleged the Ellis went "ballistic in a profane tirade" that continued when police officers arrived.

Ellis, now a schoolteacher, denied all accusations against her, although she acknowledged in her Friday testimony that she touched another shopper's items on the conveyor belt.

She is charged with assaulting police officers, resisting arrest and disturbing the peace.

Ellis, then a college student with no criminal history, has said that some white patrons shoved and hurled racial slurs at her when she switched checkout lines. Store employees refused to give her her change and called police, she said.

She said Friday that the incident began when she joined her cousin in the checkout line and was ignored by the clerk. She did not not cut in line and did not yell or use profanity, said Ellis, who has not spoken publicly about the case.

As she left the store, Ellis told the Dunklin County Circuit Court, a police officer told her, "Look at this stupid bitch. Take your ass back to the ghetto."

She alleged that an officer behind her forcefully grabbed her shoulder without telling her she was being arrested.

She did not resist, but said her body was "flung around" by officers. She screamed loudly for help as officers "choked" her and pulled her hair, but she did not hit or kick them, she testified.

Testimony from Ellis' cousin, who was with her at the Walmart, and from her aunt, whom the cousin called as Ellis was arrested, backed up the young woman's account.

Ellis said she saw a doctor after the incident because tight handcuffs had cut her and made her bleed. She said she also had a headache and neck pain from the incident.

An emergency room doctor testified that he had seen bruises on one of Ellis' wrists, but did not see cuts or bleeding. He also said he did not see any neck or head injuries.

Surveillance tapes from the store were shown in court Thursday and released publicly, but the tapes don't show much of the alleged confrontation.

A camera from above the cash register appeared to show Ellis' arm shoving merchandise to the side on the register's conveyor belt. Another camera showed her being led out of the store by police, with her arm in the air. A third, from the parking lot, showed her being handcuffed and put into a police car. It appeared to show Ellis kicking backward at police, as authorities allege. Her defense maintains she did so after police had assaulted her.

Officials with the American Civil Liberties Union and the Southern Christian Leadership Conference have said the case is indicative of racial bias in the town, where only 13 percent of the population is African-American.

Black and Hispanic residents have long complained of being unfairly profiled during traffic stops by the predominantly white police department.

When Ellis' supporters held a peaceful rally in June, officers found business cards scattered along the route that read: "You have been paid a social visit by the Knights of the Ku Klux Klan. The next visit will not be social."

During another rally on Monday, a handful of opponents stood on the sidelines waving Confederate flags.

Her lawyers have not brought up race as a contributing factor in the incident.

Two years ago, prosecutors offered a plea deal under which Ellis would have received probation if she dropped her complaint against the police.

"She decided not to sign it, because she was taught to never admit guilt when you're innocent," her father has said.

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Concerned said on Friday, Nov 20 at 9:39 PM

Try visiting southeast Missouri and then let's see how much racism does not exist....Kennett, Hayti, Caruthersville are all corrupt..school, law enforcement..its not ALWAYS race, but RACISM is a reality in the BOOTHEEL

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AntBee said on Friday, Nov 20 at 6:38 PM

Johnnie, Now, why would President Obama come to her rescue? Would you expect any other president to come to her rescue? As for Sharpton & Jesse, not a big enough case and in fact she may have just did what she is charged with.

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Fran said on Friday, Nov 20 at 5:59 PM

Unfortunately race will always be an issue and that is so very sad. If she did the things she is accused of, then she deserves to go to jail, but not 15yrs.

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Johnnie said on Friday, Nov 20 at 3:56 PM

It is always a race issue when african americans are caught doing something wrong. Will Obama, Sharpton, Jackson come to her rescue?

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