Chris Massey case to be considered by prosecutor

A summer fracas involving Mississippi state Sen. Chris Massey will go to a prosecutor to decide if criminal charges are warranted.

During a hearing Thursday in Olive Branch Municipal Court, attorneys agreed to let District Attorney John Champion decide if felony charges will be considered by a grand jury in the case that grew out of a July dispute gone bad between Massey and family members on one side, and lawn service workers on the other.

"I think out of an abundance of caution, and the public perception, everyone just wanted to make sure it's handled properly," said attorney Steve Farese, representing Massey.

John Keith Perry, the attorney representing Anthony Smith, said he and his client agreed it was best to let Champion consider the case.

"We feel confident about our case, and we're sure John Champion will do his job," Perry said.

The two sides will return to Olive Branch court Dec. 15 to resolve the case if Champion decides against prosecuting or if he does but the grand jury doesn't return an indictment.

The highly publicized incident began as a verbal dispute in Olive Branch's Windstone subdivision July 7. According to the police report, Smith claimed Massey's vehicle was blocking the road, words were exchanged and the dispute escalated into a brawl involving wrestling on the ground, swinging shovels and spitting.

Marcus Lane, a lawn service employee involved in the dispute, also said in the police report that Massey threatened to "kill him with his nine pistol," apparently referring to a 9 mm pistol.

Massey, 45, a Republican from Nesbit and chairman of the state Senate Ethics Committee, was charged with aggravated assault, a felony, along with his father, Jackie Gayron Massey.

Anthony Smith, the lawn service operator on the other side of the dispute, was charged with simple assault, a misdemeanor, and Lane, an employee of Smith's, was charged with aggravated assault.

Everyone charged was released on bond.

Asked Thursday if he was surprised the case could not be settled between the time of an initial Olive Branch court appearance in August and Thursday's appearance, Farese said there was "always a 50-50 chance" that Champion would be asked to look at it.

In his only public statement, Massey said the day after the altercation that he committed no crime and was confident that "once the true facts are known, I will be completely exonerated."

Champion said Thursday he was aware the two sides were planning to ask his office to look at the case, but he has not yet received anything. Asked if it was unusual for his office to be asked to review such a case, Champion said it wasn't.

"I'd say it's pretty par for the course," Champion said.