appeal – Pain In The Bud

Two women who were arrested for trying to manage a colony of stray cats have filed a lawsuit against the mayor, police chief, assistant chief and three officers involved in the ugly incident.

The July 2022 arrest drew nationwide outrage and condemnation as police responded in force to a complaint that Beverly Roberts, 86, and Mary Alston, 61, were trespassing in a wooded area and trapping cats. Body camera footage showed police treating the women like violent criminals, the police response itself was disproportionate, and the police chief doubled down on his insistence that the women deserved to be treated harshly even after damning footage showed the officers laughing about “beatin’ up on some old ladies.”

Now Roberts and Alston have sued Wetumpka Mayor Jerry Willis, Police Chief Greg Benton, the assistant chief and three officers, according to the Montgomery Advertiser.

Noting that the women were paying out of their own pockets to help manage the stray cat population, the paper detailed the allegations in the civil suit:

“The suit alleges that Willis directed their arrests and that Benton and Reeves acted on the mayor’s orders. The women had angered city officials for “being vocal” about the care of animals in the city and appearing at several city council meetings to complain that the city was not enforcing anti-animal cruelty ordinances on the books, specifically the law banning the chaining or tethering of dogs, the lawsuit states.

The suit argues that the women were arrested under false circumstances. The women were originally charged with criminal trespassing.”

Footage of the summer 2022 arrest showed officers handling the women roughly, jabbing their fingers in their faces, threatening them with additional charges and barking at them to move more quickly.

The women were taken aback.

“I’m teetering on going to jail for feeding cats?” Alston asked in body camera footage of the police response.

Another officer towered over Roberts, jabbing a finger at her and warning it was “going to get ugly” if she didn’t move more quickly before eventually cuffing her.

bravecop — A Wetumpka police officer wags a finger at Roberts, who was 84 years old at the time, before handcuffing her hands behind her back and rifling through her personal possessions.

After a show trial in municipal court in late 2022, in which Roberts and Alston were convicted of trespassing by a judge appointed by Mayor Jerry Willis, the women appealed. Despite the conviction, the municipal trial resulted in the release of damning information, including the fact that it was Willis himself who called the police on Roberts and Alston, that he did so because he didn’t like their complaints about the way the city handled animal issues, and that he instructed the police to arrest the women before they arrived in four patrol cars and had a chance to assess the situation.

Willis called the police after spotting Alston’s car near a county-owned plot of land, and lacking any ordinance that prohibited feeding or trapping stray cats, the police resorted to charging the women with misdemeanor trespassing and “obstructing governmental operations,” a charge roughly equivalent to resisting arrest.

But the land was county-owned, there were no prohibitions on managing cat colonies or conducting TNR (trap, neuter, return), and the footage — which police tried to hide from the public for months before finally caving to legal threats from attorneys for the women — was damning, drawing universal condemnation.

Roberts and Alston appealed, and in April of 2023 county court Judge J. Amanda Baxley accepted a motion by prosecutors to drop the case.

The civil suit “alleges unlawful seizure and detention, excessive force, malicious prosecution, negligence, wantonness and other counts,” per the Advertiser.

Attorneys for Roberts and Alston didn’t specify a dollar amount, but said they’re seeking “compensatory and punitive damages” and legal fees related to the arrest and resulting drama, which has played out for more than a year and a half. A spokesman for the City of Wetumpka did not respond to the Advertiser’s request for comment.

Prosecutors in Alabama have dropped their case against two women who appealed after they were convicted for feeding and trapping cats in their hometown.

Mary Alston, 61, and Beverly Roberts, 85, were arrested on June 25, 2022 after a bizarre confrontation in which four police officers pulled up in three squad cars and treated the longtime stray caretakers like hardened criminals.

The women were convicted of related charges in December and vowed to appeal the ruling, with their attorneys calling it a case of retributive and petty small town politics.

On Wednesday, Elmore County Circuit Court Judge J. Amanda Baxley accepted a motion by prosecutors to drop the case against Alston and Roberts.

It took their attorneys four months to get the body camera footage from the Wetumpka Police Department, but when they finally obtained and released it to the public in October, Wetumpka became the subject of national scorn for the way its police treated the women.

The footage showed the officers grabbing Alston by her wrists and pulling her out of her car, cuffing Roberts and berating the women for not moving fast enough when they were ordered to collect their traps and leave a wooded area on public land.

Wetumpka cat arrests — A police officer pulls Alston from her car on June 25 before arresting her for trespassing.

When Alston and Roberts expressed shock that police were hassling them, much less threatening them with arrest for managing a cat colony, one officer yelled at Roberts.

“It’s gonna get ugly if you don’t stop,” the cop said, jabbing a finger in Roberts’ face before cuffing her.

One officer told the women they were “too old to be acting this way,” and the footage captured audio of the officers laughing after one of them remarked that it was good there were no witnesses because they would have seen “a bunch of cops beatin’ up on some old ladies.”

There are no laws on the books against feeding cats in Wetumpka, so police charged the women with two misdemeanors each for disorderly conduct and resisting arrest.

Roberts and Alston argued that they were performing a service for the town by caring for the colony of strays. They were conducting TNR (trap, neuter, return) operations in cooperation with local shelters, often at their own expense, to stop the cats from continuing to breed.

Despite the fact that TNR is widely accepted as the most humane and effective way to manage stray cat populations, Wetumpka officials stuck to their allegations that the women were exacerbating a nuisance.

Wetumpka Mayor Jerry Willis doubled down after his department received overwhelmingly negative feedback over the arrests, and in a December trial witnesses described an ongoing argument between Willis, Roberts and Alston over the stray cat issue.

During the trial it was revealed that it was Willis himself who called the police when he spotted Alston’s car near the wooded area. Willis claimed he did not tell the police to arrest the women, but Officer Jason Crumpton testified that he was indeed told to arrest them.

Despite that, municipal Judge Jeff Courtney — who was appointed to his position by Willis and was not elected — found Alston and Roberts guilty of all four charges.

Prosecutors did not say why they dropped the charges on Wednesday, and it was not immediately clear if Roberts and Alston will be allowed to return to caring for the cats, who live in a wooded area on public land not far from the same municipal courthouse where they were earlier convicted. PITB has reached out to the women for comment.

“We are very worried about them,” Roberts told PITB in December. “A few animal lovers have said they would help, but we are not sure this will happen. I’m not sure there is enough food available to hunt. The weather is getting colder, and they need protein.”