Brain Injury Attorney Blog

The family of an African-American man, James Anderson, who was killed when he was beaten and run over with a truck has filed a wrongful death lawsuit against a group of teens alleged to have been present at when he was attacked. The wrongful death lawsuit was filed by the victim's family on Tuesday in Mississippi. They are seeking a jury trial and damages related to the incident. The suit alleges that 7 white teens were targeting African-Americans to harass. U.S. Department of Justice investigators are now in Jackson, investigating the death as a possible federal hate crime and assisting local prosecutors.

Anderson's death occurred on June 26 in Jackson, Mississippi. He died at the hands of white teens who, after a night of partying and drinking, decided to "go f*** with some n******," police said, quoting one of the suspects in the case. "James Anderson lost his life for no other reason than the color of his skin," said Morris Dees, chief trial counsel for the Montgomery, Alabama-based Southern Poverty Law Center, in a statement. The law center filed the suit on Anderson's family's behalf along with Mississippi wrongful death attorney Winston J. Thompson III. "Those responsible must be held accountable for their callous and deadly actions. We are filing this lawsuit today to ensure his family gets a measure of justice."

Deryl Dedmon Jr., 19, of Brandon, Mississippi, is facing capital murder charges in Anderson's death and may get the death penalty. A second teen, John Aaron Rice, 18, was initially charged with murder, but a judge reduced the charges to simple assault because Rice was not believed to be driving the vehicle used to kill Anderson. Hinds County prosecutors said they will be seeking indictments against teens for murder and a hate crime, they will also seek indictments against other teens who were at the scene. At this time, neither teen has issued a plea. According to the suit, the five other teens who took part in the attack, are: Sarah Graves, of Crystal Springs; Shelbie Richards, of Pearl; and William Kirk Montgomery, John Blaylock and Dylan Butler, all of Brandon. None of the five has been arrested or charged, and it is unclear whether they had retained attorneys.

A civil trial can proceed at the same time as a criminal case, but the civil case may be delayed pending the resolution of a criminal trial. While a criminal case is pending, a defendant in a civil case may need to invoke the Fifth Amendment. Thompson said Tuesday the civil case will be pursued in conjunction with the criminal case. If attorneys for Dedmon and Rice file a motion to stay the suit pending the outcome of a criminal trial, "then we'll take that up with the judge."

If you or someone you know would like to file a wrongful death lawsuit, contact one of the experienced Myrtle Beach wrongful death lawyers at The Mace Firm. Our wrongful death lawyers in Myrtle Beach will provide you with a free consultation to talk about your case.

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