DOUGLAS NEELY a/k/a DOUGLAS NEELY, JR.
STATE OF MISSISSIPPI
OF JUDGMENT: 10/19/2017
OKTIBBEHA COUNTY CIRCUIT COURT HON. LEE J. HOWARD
COURT ATTORNEYS: MARC DARREN AMOS MARK G. WILLIAMSON LINDSAY
ATTORNEY FOR APPELLANT OFFICE OF STATE PUBLIC DEFENDER W.
ATTORNEY FOR APPELLEE OFFICE OF THE ATTORNEY GENERAL BILLY L.
DISTRICT ATTORNEY SCOTT WINSTON COLOM
KITCHENS AND KING, P.JJ., AND COLEMAN, J.
KITCHENS, PRESIDING JUSTICE.
After a jury trial, Douglas Neely was convicted of resisting
arrest and felony fleeing a law enforcement officer. The
Circuit Court of Oktibbeha County sentenced Neely, for felony
fleeing a law enforcement officer, to five years as an
habitual offender and, for resisting arrest, to six months,
to run consecutive to the five year sentence. Neely appeals.
His appellate counsel has filed a brief in accordance with
Lindsey v. State, 939 So.2d 743 (Miss. 2005),
certifying to this Court that, after examining the record, no
arguable issues exist. Neely's appellate counsel
requested and was granted additional time for Neely to file a
pro se brief raising any issues he desired to raise
on appeal. Neely never filed a pro se brief. We
affirm Neely's conviction and sentence.
In the early morning hours of September 16, 2014, Deputy
Sheriff Josiah Buckner was patrolling near Club Rock in
Oktibbeha County when he observed a vehicle pulling out of
the Club Rock parking lot. The vehicle, which had no
headlights on, first proceeded southbound in the northbound
lane, then swerved from lane to lane. When Deputy Buckner
turned on his blue lights to initiate a stop, the
vehicle's driver turned on his vehicle's headlights.
Deputy Buckner, in uniform, approached the driver's side
and noticed a strong odor of intoxicating beverage emanating
from the vehicle and its driver. Deputy Buckner noticed that
the driver, later identified as Douglas Neely, appeared
extremely nervous. Upon checking Neely's driver's
license through dispatch, Deputy Buckner learned that the
license had been suspended. Because Neely seemed so nervous
and because Deputy Buckner suspected that he had been driving
under the influence, he radioed Deputy Sheriff Tim Cook for
backup and asked Neely to step out of the car. Instead of
following Deputy Buckner's instruction, Neely grabbed the
steering wheel, slammed down the accelerator, and sped away.
Deputy Buckner pursued Neely for approximately one mile,
achieving speeds of eighty miles per hour in a
forty-mile-per-hour residential zone. Neely turned a corner
and his vehicle got stuck in mud. Deputy Buckner pulled up
behind Neely's vehicle, exited his patrol car, and
approached the driver's side. The officer observed that
the driver's side window still was rolled down. He drew
his taser and told Neely to step out of the vehicle or he
would be tased. Because Neely showed no sign of compliance,
Deputy Buckner fired the taser. But because one of the
taser's two probes failed to make contact with Neely, the
taser was ineffective to incapacitate him. Deputy Buckner
followed up by attempting a dry stun to Neely's shoulder
area. As he reached into the vehicle and touched the taser to
Neely's shoulder area for the dry stun, Neely began
making a growling noise and bit Deputy Buckner's hand.
Deputy Buckner testified that he stunned Neely two or three
times, and each time Neely bit his hand.
Having failed to subdue Neely, Deputy Buckner attempted to
pull him out of the vehicle, and Neely grabbed his arm. At
that point, Neely's car got traction, and he sped off,
dragging Deputy Buckner along the road until he was flung
from the vehicle. Then, he and Deputy Cook, who had arrived
when Deputy Buckner had been trying to pull Neely out of the
car, ran in an attempt to catch up with Neely's vehicle.
They heard a crash and discovered that Neely had driven off
an embankment. Neely had fled the scene on foot, but he
turned himself in the next day.
Neely gave a statement to Deputy Sheriff Mahyar Netadj in
which he admitted having used powder cocaine and alcohol
before going to Club Rock. Neely also admitted that he had
been aware that he had been pulled over by a police officer
when he decided to flee to avoid arrest. Neely said he fled,
wrecked his car, and ran into the woods. Neely denied any
recollection of his second ...