Barbour County Sheriff says video disputes beating claims

Barbour County Sheriff Leroy Upshaw said Tuesday that video evidence will dispute recent allegations in a federal lawsuit claiming several of his deputies assaulted a man during a racially-motivated attack.

Upshaw said in a written statement that video from deputy vehicles will show his officers were only inside Tera Benefield’s Clayton home for six minutes. Ray Charles McCloud, 28, alleged deputies beat him for 30 minutes last month inside the home of his girlfriend, Tera Benefield.

McCloud, Benefield and a third man, Leon Jernigan Jr., filed a lawsuit against Upshaw and four of his officers, including Chief Deputy Ronnie Benefield, Tera Benefield’s father.

Tera Benefield filed the lawsuit against her father and the other men for what she said was a racially-motivated assault on her boyfriend.

Last week a federal judge ordered Upshaw and the other deputies, including Benefield, to stay away from Tera Benefield and McCloud. The federal restraining order will remain in place until a federal hearing set for Monday in Montgomery.

“In my opinion, he obtained the restraining order to avoid being picked up on the outstanding warrants from Dothan,” Upshaw said.

McCloud is wanted on two felony drug charges filed by the Dothan Police Department. The lawsuit McCloud filed said he was hiding with Jernigan because they are afraid for their lives after the beating.

Upshaw said they plan to provide video evidence at the federal hearing to show the deputies did nothing wrong.

“The man’s alleging he was beaten for 30 minutes, but my deputies were only in the house for six minutes,” Upshaw said.

Upshaw said in his statement that McCloud appeared unharmed when he walked out of Tera Benefield’s home. Upshaw said McCloud later walked with a limp, but only after police told him about the video footage.

Upshaw also said in the statement that deputies responded to a potential domestic dispute between McCloud and Tera Benefield at the request of Tera Benefield’s 17-year-old son.

Tera Benefield claimed in the lawsuit her father has been upset for years because she dated black men and because McCloud has had “brushes with the law.”

Upshaw said in the statement that any racial allegations against Ronnie Benefield are false, and that Benefield serves as a church pastor who has “performed a multi-ethnic marriage ceremony.”

Upshaw said he talked to Tera Benefield shortly after the alleged incident, and he encouraged her to file a formal written complaint, but he said she never did.

“I can not investigate it without a signed written complaint,” Upshaw said.

The Associated Press contributed to this article.

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The following is the text of the press release from the Barbour County Shheriff’s:

The allegations against Barbour County Sheriff Leroy Upshaw, Chief Ronnie Benefield, and other Barbour County deputies regarding an assault, racially motivated or otherwise, against Ray Charles McCloud are completely false.  A hearing regarding this matter has been set for July 6, 2009.  At the hearing, the Barbour County Sheriff’s Department will provide video evidence that will show that the Defendants did nothing wrong.  In the meantime, the court has issued an order restraining both the Plaintiffs and the Defendants from contacting each other.

The Barbour County Sheriff’s Department was unable to provide evidence at a previous hearing, held June 26, 2009, because the plaintiffs’ attorney, Bruce Boynton, did not serve the Sheriff’s Department notice of the lawsuit until late afternoon the day prior to the hearing.  In sum, Mr. Boynton filed his lawsuit requesting a preliminary injunction, received a hearing date, avoided properly notifying anyone at the Barbour County Sheriff’s office about the hearing, and then called the news media to attend the hearing.  Despite the fact that a no-notice protective order was obtained by Mr. Boynton on June 18, 2009, none of the Defendants were served until late on the afternoon of June 25, 2009.  Thus, the inability of the Barbour County Sheriff’s Department to present evidence at the hearing on June 26, 2009 was due solely to lack of notice and should not be taken as a sign of any impropriety by Sheriff Upshaw or any Barbour County deputies.

On the night in question, Barbour County Chief Benefield and two other Barbour County deputies responded to a potential domestic dispute involving Charles McCloud and Tera Benefield at the request of Tera’s seventeen year-old son.  Upon entering the home with the consent of Tera’s son, who has also been named as a defendant in the lawsuit, Chief Benefield and the deputies took only the time necessary to determine that no one was harmed.  Although McCloud alleges that he was beaten inside the house for about thirty minutes, a dashboard video shows that the deputies were in the house for only four minutes, and that within six minutes, both McCloud and Tera walked out of the house uninjured and drove away of their own free will.  Approximately, four hours later, the Eufaula Police stopped McCloud on an unrelated call for trespass by a concerned citizen.  Video from the stop also shows that McCloud was uninjured, although he is seen walking away with a limp after he is informed that a video camera was running.  Prior to that time, McCloud is seen walking normally.

Chief Deputy Ronnie Benefield has been maligned by the false allegations of racism.  Chief Benefield works in law enforcement but his true calling is serving as the pastor of a multi-ethnic church who welcomes people of all ethnicities.  Chief Benefield has performed a multi-ethnic marriage ceremony.  Tera’s son currently resides with Chief Benefield, in part because Tera has been restrained by the Court from communicating or coming into contact with her son.  Chief Benefield is deeply concerned about the effect this lawsuit may have on his grandson.  Chief Benefield is also concerned that his daughter, Tera, is involved with McCloud but not because he is African American.  Rather, Chief Benefield’s concern stems from the fact that McCloud is a convicted felon with a history of violence, drug distribution, and theft.  McCloud has served time in prison and is presently wanted in Houston County on three outstanding felony drug warrants.  Although she has unjustly accused him, Chief Benefield is worried about the health and safety of Tera because McCloud has previously threatened to harm her.

Sheriff Leroy Upshaw was not at the scene when Chief Benefield and the other deputies responded to the call.  Sheriff Upshaw, however, takes reports of misconduct by Barbour County deputies seriously, and he will thoroughly investigate all such claims.  Prior to filing suit, Tera and McCloud spoke to Sheriff Upshaw by phone about the incident.  Sheriff Upshaw asked them to file a written report but neither Tera nor McCloud did so.  Nonetheless, Sheriff Upshaw has reviewed the evidence and has found no wrongdoing on the part of any of his deputies.  Sheriff Upshaw and his deputies are looking forward to the hearing on July 6, 2009, where they will present facts that undisputedly contradict the malicious and false allegations against them.