The McComb Civil Service Commission unanimously reinstated Steve Powell to his rank of captain and awarded him back pay. It decided during a hearing Monday that the longtime police official wasn’t out of line when he subdued another man while Powell was off duty and having dinner with his wife.
Powell and his wife Debbie were eating dinner at Tortilla Soup on Anna Drive June 15 when Powell got into an altercation with Bryan Bellipanni. That led to Powell being placed on administrative leave, followed by his demotion from captain to lieutenant.
Powell appealed the action, claiming an investigation of the incident was not completed or done in good faith, and he had reason to feel threatened during the encounter.
Powell also claimed politics played a role in the demotion.
“I’m very happy with the decision the commission made and it was the right decision,” Powell’s attorney LeeAnn Slipher said after the hearing. “Capt. Powell never should have been demoted.”
“My faith in the commission was that they would see it my way and, yes, reinstate him, but you never know what’s going to happen so you’re always a little nervous,” Slipher added
Deputy Chief Delre Smith testified that Powell told him that he and his wife were a table away from Bellipanni the night of the incident when Bellipanni, after spilling a drink, sat down at their table.
Smith also said Powell told him that an argument started after Bellipanni asked him how Police Chief Garland Ward and Smith were doing. After Powell said they were doing a good job, Smith said Powell told him that was when Bellipanni became irate and was cursing.
Smith said Powell told him that Bellipanni disparaged his wife and Powell took Bellipanni to the ground. Smith said Powell told him Bellipanni tried to get up and that Powell suffered elbow, neck and leg injuries from the struggle.
Bellipanni was not called as a witness, but Slipher mentioned how, in an Enterprise-Journal article, he said Powell should not have been demoted. She also talked about how Bellipanni pleaded guilty to disturbing the peace and an act of simple assault. She noted Bellipanni spent 10 days in jail over the incident.
Smith said his issue was Powell’s story was not consistent with video of the incident from the restaurant.
“When I was watching the video, at the beginning of his statement, he (Powell) said they fist bumped, which is a sign of recognition of people that are friendly toward each other,” Smith said. “When I watched the video, I saw Mr. Bellipanni try to fist bump him again after getting up from the booth from him.”
Smith said Powell claimed to be feeling threatened, but the video of the incident showed he turned his back to Bellipanni.
“So, of course, at this point, if you felt that person was a threat, as a law enforcement officer of 22 years’ experience, you would never turn your back on a threat,” Smith said.
Ward was in the room and available as a witness, but both sides stipulated that he agreed with Smith’s recommendation to demote Powell.
When Powell took the witness stand, he argued that his 22 years with the McComb Police Department gave him the experience to remain calm in handling the situation. He said Bellipanni made contact with him and his wife after spilling a drink.
“Just when he got up and saw us, that’s when he made contact,” Powell said.
Powell said Smith concluded incorrect information from watching the video of the incident. He alleged Smith blamed him for screaming during the incident when Bellipanni was the one screaming.
Powell also said Smith had a lower-ranking officer get the video for the investigation.
“I’m directly above that lower ranking officer,” Powell said. “Just as I suspected, that video leaked and officers in that department saw it prior to this investigation.”
Slipher also asked Powell about Smith’s claim that there was rage in his phone call to a police dispatcher asking for a video of the incident.
“God, I hope not,” Powell said. “Not the way it sounded, no.”
McComb Board Attorney Marcus Williams took the position that Powell did not have to use physical force.
“You still took him to the ground, right?” Williams said.
“You did that because you felt threatened?” he continued.
Williams asked if Powell’s concerns were only Bellipanni’s words.
“That video doesn’t show his eyes,” Powell said. “It doesn’t show his face. It doesn’t show his feelings. It doesn’t show him tensed up.
“I saw that. My perception of that is my experience and my 22 years of experience.”
Following arguments from both sides, Civil Service Chair Monica Dillon and member Dwight Martin went into closed session to discuss their findings. Both agreed the demotion should be overturned.
“Based on the findings of the hearing of the Civil Service Commission, we find that the demotion was not made in good faith for the cause,” Dillon said.
Powell’s reinstatement is immediate, with back pay from the day of demotion.
