
Heather Ellis of Kennett, Mo., has quite a story to tell. It all started nearly three years ago in a local Wal-Mart.
Ellis was shopping in the store with a cousin, and the two temporarily parted ways to find the shortest line. Seeing that the other line was moving faster, Ellis went to get in line with her cousin.
She was accused of cutting the line by a store employee, who then notified the security guard. According to Ellis, she was shoved by another customer, had her items pushed to the side and was shortchanged when she finally checked out. The police affidavit states that Ellis was belligerent, loud, abusive and cursing when she was told to leave the store by the assistant manager.
Ellis' aunt, Lily Blackmon, received a frantic call from her son and claims that when she arrived, her daughter's head was being repeatedly banged against the police car as she told officers that she wasn't resisting arrest. Blackmon, who was a probation officer in the town for 11 years, asked the officers why her niece was getting such rough treatment.
"I said, 'What is going on?' And all [the officer] could say was, 'She cursed,'" said Blackmon.
Ellis was charged with disturbing the peace, trespassing, resisting arrest and two counts of assaulting a police officer. She was then offered a plea deal by Dunklin County Prosecutor Stephen Sokoloff. The prosecutor offered to drop the felony counts to one misdemeanor of disturbing the peace, as long as Ellis signed the plea deal. Her aunt claims that the deal was offered so their family wouldn't file a lawsuit.
Ellis refused to take the plea deal, claiming that she wasn't willing to admit to something she didn't do; however, 11 months later, the misdemeanor counts were dropped, which seemed to be good news. The good news, though, was replaced with something even more disturbing.
It turned out that the misdemeanor counts had been replaced by felonies. Ellis now faces 15 years in prison if convicted. When her aunt went to prosecutor Sokoloff to find out what happened, Sokoloff allegedly told her, "Mrs. Ellis, when you get through, I don't care what you say. You may as well take my way out. My way was the plea bargain. If you don't take that way, I can assure you, you'll never win in here."
Ellis claims that her pending convictions have cost her two jobs and the chance to enter medical school, but she still refuses to sign the plea deal. Racism recently entered in to the story when Ellis was handed KKK cards from a Kennett police officer warning her about her actions. The cards stated, "You've just been paid a social visit by the Ku Klux Klan; the next visit will not be social." The officer claims that he only showed the family the cards to make them aware of the situation. Since that time, and after a dramatic plea for support, people have come to help Heather. The site www.SaveHeatherEllis.com has emerged, and her father appeared on CNN on the 15th of October to tell her story.
Dr. Towanna Freeman, a management consultant, argues that Walmart was to blame for the unfortunate sequence of events: "No matter what angle you take on this case, it all started when Walmart failed a valued customer and it's Wal-Mart that owes Ms. Heather Ellis a written apology."
Dr. Freeman goes on to argue that Walmart should have cleared up the disturbance as soon as it occurred, rather than allowing it to get out of hand.
When it comes to the trial of Heather Ellis, the bottom line is this: This young woman's future should not be in jeopardy over this incident. If the prosecutor's office could drop significant felony counts down to one misdemeanor, then they can drop the charges altogether. This may also be a case of what I call, "You got the wrong black person syndrome," in which police treat a black suspect a certain way because they believe the person is either uneducated or without influence. Most cases of police abuse go unreported or without accountability by the police department. Once they found out that Ellis was a college student, this may have led to the surprisingly generous concessions made in the original plea deal. There appears to be a power trip in this case, in which the prosecutor (like the one in the Jena 6 case) seems to feel that he has the right to destroy this young woman's life over an argument at Wal-Mart. I don't think we should let that happen. Rev. Sharpton and I will have something interesting to talk about this week.
To watch video about the incident, please click the image below:
Dr. Boyce Watkins is a professor at Syracuse University and the founder of the Your Black World Coalition. To have Dr Boyce's commentary delivered to your e-mail, please click here. To help with the Heather Ellis case in a petition to go to US Attorney General Eric Holder, please click here.

Comments: (110)
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By: Dezdre on 10/14/2009 7:18AM
Unfortunate situation that easily could have been prevented. However, Ms. Ellis gambled with her fate when she resisted and became verbally "abusive". Any situation in which this behavior occurs; regardless the circumstances that lead up to it are grounds for detainment and or arrest. People should shut their mouths. There is a time and place to become vocal this was not it.
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By: Tish on 10/14/2009 9:45AM
I really thought that this was free speech. I see it only applies to certain people. At the end of the day it wouldn't have made to much difference in what this young lady did or said she was the wrong color in the wrong place. It showed with the kkk calling card. This is the very reason I don't shop at wal mart the name of the place even sounds racist nto me. Here again another group of red behind the neck people trying to suppress a race of people, President Obama really got their underwear in a bunch. The whites wonder why they are not liked in the world, the world is a place of color, if they will do this to their own country men what will they do to them.
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By: Rhea on 10/14/2009 10:14AM
I agree with what you are saying to a point. I think that nothing, absolutely nothing can be said until someone views the Wal-Mart tape. Trust there is a tape. And if there is not, then that proves she did not get defensive. Even outside the store, THERE IS A TAPE!!!! FIND IT!!!
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By: Alaina on 10/14/2009 8:48PM
Truthbtold shut up with your black president. I am so sick of hearing this. He is half white. It takes two black parents to make a black baby. His mother was white. You can believe that if it weren't for a whole bunch of white folks voting for that man he would not be your president. Don't forget that. It's mouthy women like you that give the rest of us a bad name. You are evidence that racism is in all races.
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By: lt on 10/15/2009 12:46AM
There is 2 kinds of Justice in America. Black and White. There is a movie titled American History X watch it and learn something.
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By: AgainstRacism on 10/16/2009 10:35AM
It is very unfortunate that still today racism still exist in our lives, in some form or another. No one reguardless of color deserves to be treated that way. PLEASE.... let's stop looking over the issues of racism. That's all it is, and it should NOT be ignored. WOW!!! the KKK, ok who are they really... There goes a BIG sign of RACISM. If this issue is being resolved with the law then WHO IN THE HELL involved them????? They are not for Ms. Ellis, so then their what? Against her~ It' sad...And still i pray*
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By: Linda on 10/16/2009 3:16PM
There is no way I am going to submit to a lie when I did not do what I am being accused of. Are people blind here ? I just heard this story and it is already 3 years old . The police clearly lied as they do . Then the wanna be slick prosecuter is gonna do his number on her ; ( less than a decent man ).
Stores tape everything else, where is this incident ? The behavior of the police and the Sokoloff kind happens all over America .
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By: Quincie on 10/20/2009 10:58AM
This is a copy of my email reply to a friend of mine who made me aware of this case:
OMG!! i just checked it out and you're right!! it is not only real, but VERY real! this case is exactly like that case that the movie, "American Violet" was based on - the type of case that is based on the same incentives. and, I am surprised that this practice continues without the intervention by the U.S. Supreme Court, but that is because these issues are not brought before the individual state's legislature! If there are no complaints made, the issue is not brought before the state legislature when they're in session! again, this is the DIRECT result of the lack of Black participation in those area that provide protection for our people. However it saddens me to say that much of this is by our own doing in our failure to participate in town meetings, city counsel meetings, voting, etc. for heaven's sake, we have very little representation out there that support Black issues in America!
i don't know whether you saw the movie "American Violet”, but the reason these type of cases are brought to court for federal prosecution (and for the sole purpose of prosecuting Black people) is because, based on the way our court systems are set up, it allows each city, county and state case to be left to that particular city, county and state to be heard and decided. at the same time, the incentive the city, county and state has is that it receives money from the FEDERAL GOVERNMENT for each and every "federal conviction." That is why these courts push for a plea bargain in a federal case! their corrupt system works too because these innocent victims (especially those who have no criminal background) can't bear the thought of being in jail so many of them accept the plea and wind up with a felony conviction on their record; therefore, they wind up being unable to get a decent job, vote, receive benefits etc. foremost, there is no investigation into and/or check and balance applied to the city's, county's and/or state's wrongdoings because the state legislature has no paper trail of any complaints! and, this type of practice is mostly in rural towns where Black people are most often uneducated, uninformed and scared of white people!!
something needs to be done, and I'm going to do what I can to ensure that the Black voice is heard!!
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By: Daffeny on 10/23/2009 10:47AM
But how do we KNOW she was actually resisting? Because the officer said so? Come on. We cannot be THAT blind. The fact that the KKK is comfortable demonstrating in public and soliciting OFFICERS to hand out cards gives us a pretty clear indication of the racial climate there. So in other words....they will say ANYTHING to make the story/accusations gel.
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By: Cliff Hammond on 10/27/2009 2:55AM
I've seen sane, professional PEACE officers handle a situation like this -- allegedly involving someone who is incredulous at perceived injustice -- without beating their head against a squad car.
I hope they sue their pants off. That prosecuting attorney has forgotten that he is a public SERVANT, not an authoritarian enforcer of police state tactics.
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