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Three hurt in scuffle at mall


Rocky Mount Telegram

Saturday, December 23, 2006

Three people were injured Wednesday night during a traffic stop at Golden East Crossing mall, including a police officer, a mall security guard and a teenager accused in the attack.

Four people were charged in the incident, including the juvenile and another suspect who remains at large, police said.

Police on Wednesday night arrested James C. Silver, 17, and his brother Tremaine E. Silver, 19, both of Dana Lane, charging them in connection with the incident. A 15-year-old Rocky Mount boy also was charged with crimes related to the assault on the officer and security guard.

During the struggle to get the juvenile into custody, police said, he suffered injuries to his head and face. He required eye surgery, according to family members. The juvenile's name was withheld because of his age.

Authorities also are looking for a third Silver brother – Christopher Lee Silver, 24, also of Dana Lane – and a fifth suspect who hasn't been identified.

The incident started when Rocky Mount Senior Police Officer M.H. Whitley tried to stop a vehicle playing loud music in the mall parking lot, Police Chief John Manley said.

When Whitley approached the car, Manley said, the officer smelled marijuana, and a verbal exchange started between Whitley and the purported driver, Tremaine Silver. Whitley handcuffed Tremaine Silver and put him in the squad car, the chief said.

Manley said the others with Tremaine Silver "became very loud and combative," and "interference came" when Whitley tried to search the vehicle.

James Silver then "pushed Whitley over the hood of the patrol car," Manley said, after Whitley tried to put the suspect in custody. Whitley injured his back and hand during the struggle, the chief said.

A mall security guard, 60-year-old Paul Burns, then entered the fray and tried to help Whitley, but, police charge, four of the suspects attacked him, pushed him to the ground and began kicking him. Burns suffered a broken bone in his hand.

Police charge that Tremaine Silver, who had escaped from the police car, Chris Silver, the juvenile and a fourth suspect were involved in the attack on Burns.

When sirens from backup officers neared the scene, Manley said, the suspects fled across the street toward Western Sizzlin' Steak House. Police caught three of the suspects, and two escaped, the chief said.

Members of the Silver family disputed the chief's report of the incident, accusing police of excessive force.

Manley said the police department is conducting an internal investigation into those allegations.

"We do not condone abusive behavior from anyone, not even our police officers," Manley said. "But when police stop someone, they need to comply with the officer. We did not have that in this situation.

"As far as the juvenile is concerned, he was arrested for carrying out adult acts, violating the law – kicking and fighting."

James Silver was charged with assault on a police officer, resisting arrest, damaging a police car and carrying a concealed weapon – a knife. His bond was set at $4,000.

Earlier this year, he also was charged with aiding and abetting larceny, possession of a stolen vehicle and contributing to the delinquency of a minor.

Tremaine Silver was charged with assault on a police officer, resisting arrest, assault inflicting serious injury, playing loud music, window tint violation, having an open alcohol container in public, underage possession of alcohol and disorderly conduct. His bond was set at $6,000.

Warrants were issued for Chris Silver, charging him with assault on a police officer and possession of marijuana. He also has an outstanding warrant from November, charging him with felony eluding police.

Anyone with information about the incident, including the identity of the fifth suspect and the whereabouts of Chris Silver, can call the police at 972-1411 or the Twin County Crime Stoppers at 977-1111.

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