CNN Special Investigations Unit
By Drew Griffin and Scott Bronstein,
September 6, 2011
Editor's note: The following story contains language some readers may consider offensive.
Jackson, Mississippi (CNN) -- The family of an African-American man who was killed when he was beaten and run over with a truck has filed a wrongful death lawsuit against a group of teens alleged to have been present at the time of the attack.
The lawsuit -- filed Tuesday in a Mississippi district court -- alleges that seven white teenagers "set out on a mission" to find and harass African-Americans.
The lawsuit, filed by Anderson's sister, mother and two brothers, seeks a jury trial and damages. It names not only the two teens facing criminal charges in the incident but others who, the suit alleges, acted as lookouts and prevented Anderson from escaping.
The death of James Craig Anderson, 49, occurred early June 26 in Jackson, Mississippi -- allegedly at the hands of white teens who, after a night of partying and drinking, decided to <SPAN style="BACKGROUND-COLOR: #ffff00">"go fuck with some ******s,"</span> police said.
"James Anderson lost his life for no other reason than the color of his skin," said Morris Dees, chief trial counsel for the Montgomery, Alabama-based Southern Poverty Law Center, in a statement. The law center filed the suit on Anderson's family's behalf along with Mississippi attorney Winston J. Thompson III. "Those responsible must be held accountable for their callous and deadly actions. We are filing this lawsuit today to ensure his family gets a measure of justice."
Anderson's death drew national attention after CNN first reported it and aired exclusive surveillance video of the killing in a Jackson suburb. Hinds County, Mississippi, District Attorney Robert Shuler Smith, who is prosecuting the case, has called it "vicious" and a "premeditated hate crime."
U.S. Department of Justice investigators are now in Jackson, investigating the death as a possible federal hate crime and assisting local prosecutors.
Deryl Dedmon Jr., right, could face the death
penalty in the case. John Aaron Rice has been
charged with simple assault.
The killing has also prompted several large marches and prayer vigils in Jackson, a city of about 537,000 people.
Deryl Dedmon Jr., 19, of Brandon, Mississippi, is facing capital murder charges in Anderson's death and is eligible for the death penalty. A second teen, John Aaron Rice, 18, was initially charged with murder, but a judge reduced the charges to simple assault because Rice was not believed to be driving the vehicle used to kill Anderson.
However, Hinds County prosecutors said they plan to seek indictments against both Dedmon and Rice for murder and a hate crime, and also will seek indictments against other teens who were at the scene. Neither teen has issued a plea. A pretrial hearing for Dedmon is scheduled for Tuesday afternoon.
The five other teens who took part in the incident that evening, according to the suit, are: Sarah Graves, of Crystal Springs; Shelbie Richards, of Pearl; William Kirk Montgomery, of Brandon; John Blaylock, of Brandon; and Dylan Butler, whose address is not known. None of these five teens has been arrested or charged, and it was unclear whether they had retained attorneys Tuesday.
"Anyone who knew James could see that he was a caring man with a beautiful smile," said Barbara Anderson Young, Anderson's sister, in a statement. "He was such a compassionate person. We must take an honest look at the racial climate that motivated some young people to hurt such a wonderful person."
"The whole world saw the brutal attack that James Anderson suffered at the hands of people who simply wanted to hurt someone of a different race," said Thompson. "We cannot ignore such cold-hearted cruelty."
Attorneys for Dedmon and Rice have not responded to requests for comment from CNN. During a bond hearing, Dedmon's attorney told the court he saw nothing to back up the "racial allegations."
But "Dedmon murdered this man because he was black," Smith said. "The evidence will show that."
A civil trial can proceed at the same time as a criminal case, but often the civil case is delayed pending the resolution of a criminal trial. While a criminal case is pending, a defendant in a civil case may need to invoke the Fifth Amendment.
Authorities believe Dedmon led and instigated the attack, which took place after a night of drinking in largely white Rankin County outside Jackson. Dedmon told friends they should leave, saying, "Let's go fuck with some ******s," officials said.
The gang of teens climbed into Dedmon's green truck and a white SUV and drove 16 miles to the western edge of Jackson. They would have seen Anderson immediately as they exited the highway, officials said. He was standing in a hotel parking lot just beyond the exit ramp.
On the videotape obtained by CNN, the group of teens is seen pulling into the parking lot and stopping where Anderson is standing, although he is just off camera and not visible.
The teens can then be seen going back and forth between their cars and Anderson. Witnesses told authorities this is when Anderson's beating took place, as the teens yelled racial epithets including "white power."
Authorities allege Dedmon pummeled Anderson repeatedly as he crumpled to the ground, although this is not visible on the tape. After the beating, some of the teens left and others got into the green truck.
At this moment, Anderson becomes visible on the tape as he staggers into view and walked toward the truck.
"Defendant Dedmon drove the F-250 out of the parking lot and turned right onto Ellis Avenue," the lawsuit says. "Just as Dedmon turned right, his headlights shone directly on Anderson, who, having been severely beaten, was stumbling in a grassy are near the motel's entrance. Dedmon accelerated, drove onto and over the street curb, and struck Anderson with the front of the F-250."
Shortly afterward, Dedmon allegedly boasted and laughed about the killing, according to statements some of the teens made to detectives. <SPAN style="BACKGROUND-COLOR: #ffff00">"I ran that ****** over,"</span> he allegedly said in a phone conversation to the teens in the other car.
"He was not remorseful," Smith said. "He was laughing, laughing about the killing."
At Dedmon's home last month, a girl who answered the door told CNN she did not know him, although a truck like the one allegedly used to strike Anderson was sticking out of the garage.