PINE BLUFF, AR -- The Jefferson County Prosecuting Attorney said there will be no criminal charges filed against Roderick Shelby, the court chief of staff at the Jack Jones Juvenile Justice Center, for the attack on a 14-year-old Chadarious Avery.
"From analyzing the video evidence in conjunction with witness statements and my own interview of witnesses, there is not sufficient evidence to prove beyond a reasonable doubt that Mr. Shelby committed a criminal battery. Due to the pending civil litigation, it would not be proper for me to comment any further," said Prosecuting Attorney Kyle Hunter in a statement faxed to FOX 16.
Avery, a former inmate at the facility, is being housed at another detention center.
The incident happened on April 18. The video shows Avery surrounded by court officials, and then suddenly punched in the face. Sheriff's investigators say the punch is from Roderick Shelby.
"If I have to go to the FBI, I'm going to fly, walk, ride -- whatever. I'm going to file because he ain't gonna get away with this," said Karen Walls, Chadarious' mother.
Walls said she was upset by Hunter's decision not pursue any criminal charges against Shelby. She said she will take it even higher. She will continue her civil case against Shelby, Judge Earnest Brown, and Jose Doe.
"Something is wrong down here. That's why I got an attorney out of town because all of them are working together. They're in cahoots together. They don't want their fellow man to get in trouble," said Walls.
FOX 16 News has not been able to speak with Shelby. However, late Monday afternoon, his attorney Gene McKissic sent the following statement to us by email:
"Allegations of use of excessive force made against my client, Roderick Shelby, were the subject of extensive independent investigations conducted first, by the Arkansas State Police and subsequently, by the Jefferson County Prosecuting Attorney's office. These investigations have now concluded and did not produce findings or evidence which supported criminal prosecuting of Mr. Shelby. My client continues to maintain his innocence and looks forward to vigorously defending himself against all such false accusations in the civil lawsuit now pending in U.S. Federal District Court."
