Associated Press Reports: PROTEST OVER DROPPED CHARGES IN DRAGGING CASE

By JEFF CARLTON Associated Press Writer
June 8, 2009, 3:10PM
Protesters angered by the dismissal of murder charges against two white men accused of fatally striking a black man with a pickup truck rallied outside an East Texas courthouse Monday, vowing to get the Department of Justice to look at the case.

About 150 people showed up for the protest, including members of the Nation of Islam and the New Black Panther Party. Participants said they were angry at what they called a pattern of unequal justice for whites and blacks in Paris, about 90 miles northeast of Dallas.

It nearly turned violent when one man swiped at a self-identified Klansman named Rock Banks. Banks, who said he is a grand titan in the East Texas Ku Klux Klan, was holding a small patch displaying a Nazi-era Iron Cross.

Sheriff's deputies escorted Banks and others away from the scene while protesters called him "cracker" and shouted curse words. No one was arrested.

The protest was organized last week after a special prosecutor, citing a lack of evidence, had charges dismissed against Shannon Finley and Charles Crostley, who were accused of killing their friend, 24-year-old Brandon McClelland. His mangled body was found Sept. 16 on a country road, and authorities estimated it had been dragged more than 70 feet beneath a vehicle.

The two former suspects were released Thursday with no restrictions after more than eight months in jail.

The racial implications of the case recalled to some the murder of James Byrd, a black man who was chained by the ankles to a pickup by three white men and dragged to death in 1998 in the East Texas town of Jasper.

McClelland's mother, Jacquline, said she believes Crostley and Finley were guilty of running down her son.

But investigators working for the defendants' attorneys located a gravel truck driver who last month gave a sworn statement acknowledging he might have accidentally run over McClelland. Special prosecutor Toby Shook said it was unlikely the trucker would face charges, but that the investigation into McClelland's death would continue.

The trucker's attorney, Mike Mosher, said his client was given immunity. He said the trucker does not know any of the parties involved.

Shook, a Dallas attorney, said he dismissed the charges "in the interest of justice," acknowledging there were no eyewitnesses or physical evidence against Finley and Crostley, who maintain their innocence.

But protesters said the dismissals were the injustice — and another example of racial inequality in Paris, a town with a history of tense racial relations.

"A black man's life is still not worth a white man's life in Paris, Texas," said activist Anthony Bond. "I am 55 years old, and I know racism when I see it. Paris, Texas is eaten up with racism."

Authorities had arrested Finley and Crostley, working on the theory that the trio went on a late night beer run into Oklahoma from their dry county. On the way back, authorities alleged, the men argued over whether Finley was too drunk to drive. McClelland got out of the truck to walk home, and Finley ran over him.

In an arrest affidavit, authorities said they saw human blood on the underside of Finley's truck. But the vehicle was tested in a lab three times, and no biological evidence was found to link it to McClelland's death.

"One minute you've got evidence, and the next minute you don't?" said Jacquline McClelland. "Nobody is charged in my son's death. It's just cruel and unjust."

Activists vowed to get the Department of Justice to take an interest in the case and have begun writing letters to the White House and Attorney General Eric Holder.

A Department of Justice spokesman did not immediately respond to a message left by The Associated Press.

"It's going to be a huge campaign to get the attorney general involved," said Deric Muhammad of the Nation of Islam in Houston. "They released two killers on a maybe. They released two killers on a might be. They released two killers on an if."

Protesters carried signs saying "We Want Justice" and "Where is the Justice for Brandon?" Leaders of the rally spoke through a bullhorn, leading participants in chants of "Black Power" and "No Justice/No Peace."

McClelland's family members brought a personal touch to the rally, wiping away tears as they talked about their son and brother.

"What if it was your son? Would you fight for your kid?" said McClelland's father, Bobby McCleary. "I miss that one word my son used to say: Pops. He didn't call me Dad. He called me Pops."

In an interview with the AP last week, Finley said he and his friends were drunk and high, and he acknowledged arguing with McClelland about who should drive home. Finley and Crostley left him on the side of the road, returning once to persuade him to get back in. McClelland refused, so they continued home, Finley said.

Later that morning, Finley said, he and Crostley learned of McClelland's death.