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Cracker Barrel Beating Suspect Indicted

Troy Dale West Arrested, In Jail With No Bond

POSTED: 7:56 am EDT September 23, 2009
UPDATED: 12:40 pm EDT September 23, 2009

The man accused of beating a woman in a Morrow, Ga. Cracker Barrel was indicted Wednesday on three felony charges.

Troy Dale West was arrested after three felony charges were added to his existing charges at an 8 a.m. hearing in a crowded Clayton County courtroom.

A grand jury of 19 returned a seven count indictment against West.

West is charged with felony aggravated assault, felony false imprisonment, and cruelty to children in the first degree, also a felony. The other charges are two counts of battery and two counts of disorderly conduct.

West was originally charged with cruelty to children, battery and disorderly conduct and made bond after police say he viciously attacked Tasha Hill outside of the restaurant.

Hill said West almost hit her daughter with the door.

"[I said] 'Excuse me sir watch out you almost hit my daughter in the face.' He just came lighting fast came back at me with, 'You need to watch your f-n daughter,'" said Hill.

That's when police and witnesses say West began to punch and kick Hill in front of her 7-year-old daughter.

"He continued to punch and kick on me and called me vulgar names, called me a racial slur and then curse words," said Hill.

During court there was no mention of a Hate Crime although the judge did recount the expletives allegedly used by West during the alleged attack on Hill in front of her daughter. Georgia does not have a hate crime law on the books.

In a strange twist, which the magistrate court Judge Daphne Walker said was unclear even to her, Tasha Hill was subpoenaed to be in two courtrooms at the same time this morning.

Hill and her attorney, Kip Jones, independently filed a motion for the court to issue an arrest warrant for West. At the same time, Clayton County district attorney Tracey Graham Lawson scheduled a grand jury to hear testimony with hopes of gaining an indictment against West.

Judge Walker later told the DA she was glad something was done to adequately address this issue, citing no citizen should have to seek their own arrest warrant in this type of situation.

Following the indictment, Hill requested her application for the hearing be withdrawn as a result of the grand jury’s actions.

West was immediately escorted out of the courtroom by Clayton County Sheriff’s Deputies and taken to jail. No bond has been set.

Hill walked out of the courtroom to cheers and was in tears as she walked down the steps of the courthouse.

Civil rights activists appeared at the Harold Banke Justice Center at 7 a.m. to rally for upgraded charges. There was a packed courtroom of supporters, which included some of Tasha Hill’s fellow armed servicemen, community activists, family and friends. Outside there was an overflow of people eagerly anticipating the outcome of the court proceedings.

Morrow Police Commander Jimmy Callaway said the restaurant's surveillance video clearly shows West beating Hill in the restaurant's small entryway.

What remains at issue is the surveillance video which is said to have captured the alleged attack.

During testimony in court, it was revealed Cracker Barrel officials have sent the tape to Lebanon, TN where it is being secured at the present time. The DA's office has a copy of the tape as does the Federal Bureau of Investigation.

Supporters chanted songs and community activist Derrick Boazman called for a boycott of the Cracker Barrel where the incident occurred. He says local civil rights leaders want the company to produce the video surveillance tape. Boazman and others would like to meet with Cracker Barrel officials in the next week. If that doesn’t happen, he threatens a nationwide boycott of all Cracker Barrel restaurants.

Cracker Barrel released this statement:

"Cracker Barrel Old Country Store, Inc. is pleased that the Clayton County Grand Jury has returned indictments against the man accused of assaulting a woman who was entering one of its Georgia stores on September 9, 2009. Cracker Barrel is encouraged to know that its cooperation with authorities helped secure these indictments because Cracker Barrel wants to see justice served.

"Cracker Barrel will continue to cooperate with the Clayton County District Attorney’s office through this criminal proceeding. The Company has provided the district attorney with surveillance video as part of this case. The video shows how Cracker Barrel came to the victim’s aid, and that a Cracker Barrel manager put himself in harm’s way to provide aid to the victim. Company policy allows the release of surveillance video only to law enforcement officials and as required by law.

"In media interviews following today’s hearing, the district attorney praised Cracker Barrel for its cooperation, and reiterated her request not to release the video to the public because it would unduly influence the jury pool that will ultimately hear the case."


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