Plaintiff in lawsuit against sheriff’s department wanted on drug charges

One of the three people who recently filed a lawsuit against members of the Barbour County Sheriff’s Department, claiming deputies were involved in a racially-motivated assault, is currently being sought on felony drug charges in Dothan.

Tera Benefield, the daughter of Barbour County Chief Deputy Ronnie Benefield, filed a lawsuit against her father and other members of the Barbour County Sheriff’s Department for what she said was a racially-motivated assault on her boyfriend, Ray Charles McCloud.

On Friday, a federal judge ordered Sheriff Leroy Upshaw and Ronnie Benefield to stay away from Tera Benefield and McCloud.

According to Dothan Police Officer Thomas Davis, McCloud, 28, of South Appletree Street in Dothan, is still wanted by Dothan Police on outstanding warrants for two felony drug charges. He is charged with felony first-degree possession of marijuana and felony unlawful possession of a controlled substance. McCloud was one of 23 people charged as part of an ongoing narcotics investigation in Dothan.

According to court records, McCloud was convicted in 1999 for felony first-degree theft of property, along with felony possession of a controlled substance in 2003, and felony distribution of a controlled substance in 2004 in Barbour County.

And McCloud isn’t the only one of the three plaintiffs who has been in trouble with the law. Tera Benefield previously pleaded guilty to a misdemeanor for writing a bad check in Barbour County. Leon Jernigan, 34, of Forsythe Street in Eufaula, the third plaintiff in the lawsuit, pleaded guilty in 1993 to third-degree burglary, a felony offense.

The lawsuit they filed alleges that Chief Deputy Benefield and several deputies, including Eugene Hameric II, Jason Benefield (Tera Benefield’s cousin) and Paul Motzenbecker entered the house while responding to a reported domestic dispute. One deputy allegedly used a Taser on Leon Jernigan, Jr., who was on the front porch. Chief Deputy Benefield allegedly beat and choked a handcuffed McCloud for an extended period of time. According to the lawsuit, Benefield pulled his gun on McCloud and told a 17-year-old juvenile, who is also implicated in the lawsuit, to beat McCloud.

An Associated Press article states that Tera Benefield, 36, of Clayton, claims her father has been upset for years because she dated black men and because McCloud has had “brushes with the law.”

The lawsuit was filed on June 17 and a hearing was held on Friday.

Benefield and Upshaw were not at the hearing, said their attorney Gary Willford, because they were not informed of it in time to be prepared.

U.S. District Judge Keith Watkins issued the temporary restraining order against Benefied, Upshaw, and the deputies.

Benefield told the Eufaula Tribune on Monday morning that his attorney has advised him and other deputies not to comment to any media sources at this time, though he did indicate a desire to have his side of the story heard.

The AP article states that Tera Benefield is suing for $1 million and a permanent order barring the sheriff, his chief deputy and other Barbour County law enforcement officials from harassing the plaintiffs.
Information listed on the docket taken from justia.com lists the amount demanded as $4 million.

According to federal court records, a ruling in the case could be made on July 6, at a hearing scheduled in federal court in Montgomery.

Dothan Eagle staff writer Matt Elofson contributed to this story.