By Gabriel Perry
Enterprise-Journal
LIBERTY — A judge tossed a cowboy preacher’s simple assault charge on a technicality Tuesday in a longstanding case against the former proprietor of a ranch.
Amite County Circuit Court Judge Debra Blackwell found Christopher Kimball, 40, and Paul Punzo, 51, not guilty of simple assault in the April 22, 2019, altercation with Mark Ross, ruling the state did not prove Ross received bodily injury during a dust-up at the ranch.
Kimball and Punzo were found guilty of simple assault in Amite County Justice Court in June. Their attorney, Albert Felder, filed a request to dismiss the charges in July and the trial date was set in November.
Ross testified Tuesday he’d been living in a trailer on the Brushy Creek Ranch, east of Gloster, when tensions arose between he and church pastor Kimball over a period of a few weeks.
Ross alluded to confusion regarding the church’s finances, but was ordered not to speak on the topic.
Ross said he decided to call a meeting at 6 p.m. of church elders and deacons to settle matters between he and Kimball, matters which Ross testified threatened the survival of the congregation. He said he called those to be in attendance on the morning of April 22 and waited until the evening for their arrival.
The group met in the church chapel, located on the property of Brushy Creek Ranch. Ross said a group of five elders and four deacons met to discuss a resolution to their disagreements. Ross testified he and other leaders ordered women and children to leave the chapel.
Ross said the disagreement stemmed from allegations he disparaged Kimball’s 9-year old, a claim he denies. Ross said he merely agreed with the statement but didn’t say it himself. He said that misunderstanding plus his insistence to view church financial documents resulted in tension between the group.
Ross said leaders began their meeting with a prayer but that conflict immediately flared up. He said a yelling match began and Kimball surged toward him, striking him closed-fist on the mouth and chin. He said Punzo struck him in the back of the head at the same time and he pushed Punzo to the ground in self-defense.
Ross said he knew Kimball was about to come after him.
“When he came at me, I knew it was going to happen,” he said. “I’d seen it before. This happened in our church, in the Lord’s house.”
Although taking strikes from both men, Ross called the strikes were weak and said he was not injured.
“I wasn’t knocked out or anything,” he said. “I wasn’t even knocked down.”
After the initial conflict, Ross said the parties left the chapel and continued yelling outside. He said his wife had come to the chapel and when tensions again flared, he stepped between his wife and Kimball, who approached him from the front and with aggression. At the same time, Punzo again attacked Ross from behind, striking him the in back of the head.
After the second flare-up of conflict, Ross said he and his wife returned to their residence to pack up their belongings and leave.
“I believe he wanted to escalate the situation so no one could speak up on my behalf,” Ross said.
Kimball’s attorney Alfred Felder asked Ross if he received bodily injury as a result of the altercation, to which Ross testified he had not.
“Do you claim you were physically injured?” Felder asked Ross.
“In my belief, no, I was not physically injured,” Ross replied. “I was just struck. There was not enough power there.”
“You signed the affidavit, right?” Felder asked.
“Yes,” Ross replied.
Felder noted the criminal affidavit sworn-to by Ross states Kimball and Punzo did knowingly inflict bodily harm upon Ross. Felder produced a transcript of the earlier justice court proceedings wherein Ross states he was struck but not physically injured in the April 22 confrontation.
“And you said that under oath?” Felder asked.
“Yes,” Ross said.
Felder said Ross commented about wishing to “burn” Kimball to the ground and asked if Ross was referring to Kimball’s chapel or his reputation.
“I pointed at him in anger, in everything that had happened, and I said, ‘I’m gonna burn you to the ground,’ ” Ross said, indicating he was referring to taking a stab at Kimball’s reputation.
County Prosecutor Sara Hemphill argued the affidavit Ross swore to was written by employees of the police department, not Ross himself.
The nail in the coffin came after all of Ross’ witnesses testified Ross had not sustained physical or bodily injury. Felder said the charges do not satisfy the state statute on simple assault because Ross did not sustain bodily injury, nor did he claim to have sustained such injuries.
“The state has failed to meet the burden of proof of bodily injury,” Felder said.
Hemphill argued the state statute defined simple assault as the mere intent to cause bodily injury.
“How tough Mr. Ross is and how much he can take is not the question here,” she said.
In dismissing the case, Blackwell referred to the case of Reynolds vs. The State of Mississippi in which a similar simple assault charge was dismissed.
“The Mississippi Supreme Court found that the state must prove bodily injury,” Blackwell said and referred to testimony that indicated Ross was not injured, including his own.
