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Harpersville man improperly jailed released
Published Thursday, September 3, 2009
HARPERSVILLE — A Harpersville man who spent nearly six months in the Shelby County Jail walked out of the county’s courthouse a free man Thursday after he was granted a writ of habeas corpus.
The court order came after county Circuit Court Judge Hub Harrington found Terrance Datcher had been improperly incarcerated since he was arrested March 18 by the Harpersville Police Department on three felony charges.
Police arrested Datcher on counts of resisting arrest, disorderly conduct and violation of probation. He also was being held on a probation violation warrant from the Shelby County Circuit Courts.
After Datcher was arrested and transported to the Shelby County Jail in Columbiana, Harpersville officials refused to grant the suspect a bond or court date until he paid a $6,000 fine, according to Jim Pino, Datcher’s attorney.
“There literally is no mathematical formula Harpersville could have used to reach a $6,000 fine,” Pino said after Datcher was released. “He was incarcerated until July on county charges, which were later dropped.
“Since July, the only thing that has been holding him in jail has been Harpersville’s refusal to grant him a court date until he paid $6,000,” Pino added.
Although Harrington released Datcher Thursday, the judge ordered the suspect and several Harpersville officials to appear in court for a second hearing, the date of which has not yet been set.
Because Datcher will be free until the hearing, Harrington imposed a restraining order against Harpersville, ordering the city to not arrest the suspect on his outstanding city charges until his next court date.
“I am going to issue a temporary restraining order preventing Harpersville from rearresting him before his next hearing date,” Harrington said. “But the order is only for these charges. If he leaves here today and pulls the same stupid stunt, he will be right back in jail.”
Because Pino claimed there could be more inmates being improperly held in the county’s jail, the attorney said Datcher’s case could set “a very important” precedent.
“Mr. Datcher is indigent and has a severe mental illness. They shouldn’t be able to hold people like that in jail with such an outrageous fine and without even setting his court date,” Pino said. “There may be other people like this incarcerated in Shelby County.
“This is completely unacceptable in a modern civilized society,” Pino added.
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Comments
Posted by soaring24 (anonymous) on September 4, 2009 at 7:58 a.m. (Suggest removal)
Does the actions of the Harpersville police force suprise anyone? This is a town natoriously known for being a major speed trap on Hwy 280. Any form of money they can generate is not a shock to me. I am glad to see the judge made a correct call in releasing the man and issuing a restaining order against the police. I am curious as to what the $6000 in fines would include.
Posted by contented (anonymous) on September 4, 2009 at 8:31 a.m. (Suggest removal)
as a nation, we citizens allowed President Reagan to close most of the mental hospitals and facilities and put these type individuals on the street. it, and the recent wars our governments have cooked up, are the reasons for our large homeless population. compassion, i guess it went out with the 50s too.
Posted by Thinking (anonymous) on September 4, 2009 at 8:47 a.m. (Suggest removal)
"as a nation, we citizens allowed President Reagan to close most of the mental hospitals and facilities and put these type individuals on the street. it, and the recent wars our governments have cooked up, are the reasons for our large homeless population. compassion, i guess it went out with the 50s too."
Start a charity. That is real compassion. Or support those charities that exist, and there are a lot of them. GIve moneyt, give time. If something is important to you, make sure it happens. Speak out and get others involved. "As a nation" and "we citizens" is not synonomous with US Federal Government. Why does everyone look to government?
Posted by rebel29 (anonymous) on September 4, 2009 at 11:27 a.m. (Suggest removal)
first of all, soaring24 should learn how to spell, "surprise". Second of all, the Harpersville Police Dept has respectable officers that are just doing their job. If the people don't like it, don't go there. As far as the 'speeding trap" is concerned, those speed limit signs are posted by DOT NOT the city of Harpersville. If you have a problem doing the speed limit then you should receive a ticket. If you still have a problem with the speed limit then you should call DOT! As far as Mr. Datcher is concerned, he does not have mental problems. He is a problem, and has been ever since I have known him which is all through school. You people should think before you open your mouth. The court system is not fair, nor will it ever be. Crap happens! Get over it. The story is one sided, I am sure there is a reason that he was not granted a court date.
Posted by dannyabtl (anonymous) on September 4, 2009 at 12:51 p.m. (Suggest removal)
I'm having a hard time remembering President Reagan closing mental hospitals and putting people on the street.
I don't suppose you have any actual facts to back-up such a statement?
Posted by jb (anonymous) on September 4, 2009 at 1:58 p.m. (Suggest removal)
The people reading this story ,need to know that this Mr.Datcher pulled the same stunts in high school! He is a known drug addict and burglar in the Harpersville community.The police have responded on him for disorderly conduct and cursing people at the Huddle House and Chevron. He is a frequent visitor of the jail. Mr. Pino , have security when you talk with your Outstanding citizen , he has been known to choke people and run!
Posted by eddieric (anonymous) on September 5, 2009 at 7:58 a.m. (Suggest removal)
First of all, I agree with soaring and I have my own personal reason and it had nothing to do with speeding, I had an emergency where I had to be at UAB, and the officer just had to check my husbands license. But asfar as Mr. Datcher if he is such a problem, (mental) why is he not court ordered to brice or even to a halfway house for drug addicts. I know it can be done. I used to work for a local PD.
Posted by pantherlover (anonymous) on September 7, 2009 at 4:07 p.m. (Suggest removal)
Everyone knows Harpersville is a speed trap. Using the excuse that the DOT places the signs is weak. Don't see the DOT putting those signs all up and down 280. They are done at the request of the city. Slow down in Harpersville, everyone should know this.
Don't know anything about this inmate or the specific case, but do know that the Judge is a bleeding heart and I hope he's opposed in the next election, and that's not based on this particular ruling. He's not a good fit for Shelby County.
Posted by soaring24 (anonymous) on September 8, 2009 at 1:05 p.m. (Suggest removal)
SURPRISE SURPRISE rebel29 I do know how to spell, but if I happen to misspell a word blame it on my rebel education. Does it make you feel good to actually be able to correct someone’s mistake? The Harpersville police force should be very glad they have 1 fan in you. When people are pulled over and given tickets for doing 46 in a 45 then there is a problem. Anyone that reads the SCR knows that Harpersville is a speed trap town, so don't give me that garbage of how you should slow down and not drive through Harpersville. If he does need help then they need to help the man instead of continual harassment. Good luck to you Terrance in you fights against the corruption of Harpersville.
Posted by Vincent12 (anonymous) on September 10, 2009 at 10:49 a.m. (Suggest removal)
I am glad Harpersville is being exposed!!!!!!! Everyone have rights rather we might like that person or not. I experience a situation with Harpersville where my nephew received a DUI(and yes this was the first time in any trouble) I called Harpersville and was told by the arresting officer I could post a property bond to get him out of jail at 8:00 am at 8:00 I was there with over $60,000 worth of property deeds and was told oh no we do not do property bonds you have to pay cash...The bond was $2,000.00 I spent the next two hours contacting bonds personnel to get him out at 10% plus cost of gas to drive to Harpersville to post bond....Yes, my nephew should know better and at the same time you would think Harpersville police Department would know the policies of their office...Small Towns need to learn they can not base their budget on speeding tickets. I am from Vincent on court day its more people in court then live in Vincent.....Harpersville and Vincent can not continue to operate in this matter... Both cities needs to change their image.....the school is going down they must be shame of Vincent/Harpersville the band wear black and green instead of black and gold. The football team only have twenty members because parents can not afford to pay the high cost of fees for the kids to participate in activities.....for those who do not know Vincent and Harpersville residences attend same school....We need Help to keep our towns going, speed tickets and fast food restaurants are not the answer and yes I am for Vincent Hills!!!!!I know I am going on and on I am just so hurt how a community I grew up has come to what it has a Joke !!!!!!
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