Trucker Violently Detained At Shipper Suffers Another Setback In Legal Battle
Olive Branch, Mississippi – Owner operator Clinton Kirker was back in a Mississippi courtroom on Tuesday in hopes of bringing his almost year-long legal battle to an end, but it’s not going to be over any time soon.
In January, A DeSoto County judge found Kirker guilty of Disorderly Conduct – Interfering with a Business stemming from a controversial incident last year at a Mississippi shipper.
Surveillance video of the September 11, 2018 altercation at Metro Foods Distribution Center was obtained by Kirker through his former attorney and released to the public by Kirker in December 2018.
Upon the release of the video, many in the trucking community sounded off about the treatment they witnessed, as more than a half dozen security guards are seen violently detaining Kirker and his wife, Shannon.
Immediately following the guilty verdict, Kirker vowed to continue fighting to clear his name and on behalf of all truckers.
“If I lose this case it will say that shippers and receivers can legally hold us against our will and we as truckers have no rights,” he told Transportation Nation Network (TNN). “I’m not fighting this just for myself now. I’m fighting for truck drivers across the country.”
MORE TRENDING KIRKER NEWS
That fight led him back to court on Tuesday.
His appeal in the now high-profile case was originally scheduled for May 30, 2019, but the prosecutor in the case had a “heart attack” which led to the delay, Kirker said.
Before his appearance today, Kirker told TNN he was “nervous,” but just wanted “this over with.”
Unfortunately, Kirker didn’t receive the news he was hoping for.
He tells TNN that the case has once again been delayed because “the (new) prosecutor is not up to speed on the case.”
A continuance was requested by the prosecutor and granted by the judge.
Kirker reacted to today’s developments by saying he was “disappointed.”
“It continues,” he commented.
A new trial date has been set for September 30, 2019.
Prosecutor Not Willing To Deal
Kirker tells TNN he offered a plea deal to the prosecutor last week in hopes of putting this behind him.
As mounting financial pressures have taken its toll on the couple, Kirker said he believed it was the right thing for him to do, even though he admits both Shannon and his attorney urged him to go to trial.
He offered to plead No Contest to a charge of Public Profanity in exchange for dropping the Disorderly Conduct – Interfering with a Business conviction.
However, Kirker tells TNN the prosecutor was in no mood to strike a deal.
“The prosecutor would not take the plea deal,” he said.
Civil Lawsuit Being Finalized And Will Be Filed Soon
Many in the trucking community have urged the Kirkers to sue Metro Foods Distribution Center and Paragon Security for its handling of the incident.
Kirker recently confirmed to TNN that lawsuit documents are being finalized to do just that.
The civil suit will allege “malicious prosecution, assault and battery, unlawful detainment as well as slander and libel,” according to Kirker.
It is expected to be completed in the next few weeks and filed shortly thereafter.
Kirker said he is thankful to those who have supported he and Shannon “from the beginning.”
“We continue to fight for truckers because we don’t want it to happen to them,” he declared.
Stay with TransportationNation.com for the latest developments on this case.