Russell Collins acquitted on all counts

A Leon County jury took only 45 minutes from beginning deliberations to announcing their verdict for acquittal in the strange case of disabled Marine Corps veteran Russell Collins. Collins was charged with aggravated assault with a deadly weapon as the result of a shootout on County Road 200 about a mile Northeast of Centerville on May 28, 2008 around 9 P.M. The other shooter, Richard Posey, was wounded in the left buttock in the brief action. Posey, who lives across Private Road 2025 from Collins, was not charged in the case. Collins claimed from the first that he only returned fire in self de fense.

278th District Judge Kenneth Keeling, who oversaw the arraignment of Collins, recused himself upon petition of council for the defense and 12th District Court Judge Donald Kraemer presided at the trial.

The case attracted attention for several reasons. Collins and some of his neighbors testified that Leon County Sheriff's Deputies would not take action when they reported Posey for firing guns in the neighbor's direction, and ignored various bad acts by Posey that resulted in the neighbors being terrified. The Sheriff's office often misfiled or did not file records of their complaints, the neighbors testified. After Posey was indicted by a Grand Jury for assaulting Collins with a vehicle the case was dismissed by District Attorney Whitney Smith for alleged lack of evidence. Collins was then sued in J.P. Court for damages to Posey's vehicle during the incident and Posey was awarded more than $800.

Collins was arrested following the shooting incident and bond was set for him at $500,000 by Centerville Justice

of the Peace Jack Keeling, brother of District Judge Ken Keeling, despite the fact that Collins is a property owner in the county, a disabled veter- abled veteran, and had presented himself at the Sheriff's office immediately following the event. The strangeness of this is highlighted by the bonds put on recent cases.

In the case of Oly Ivy, who was arrested in Palestine allegedly trying to flee after being alerted by a Leon County Deputy, bond was set at $100,000 and later reduced to $20,000. Leslie Campbell who was arrested for shooting a man in the leg in January near Centerville and charged with aggravated assault, had bond set at $15,000. For Cody Lynn who was charged in January with aggravated assault with a deadly weapon, aggravated kidnapping, unlawful possession of a firearm by a felon and possession of a controlled substance, more than 4 oz., bond was set at $120,000.

Posey by his own testimony was standing on the county road with his pistol in his hand when the encounter with Collins began. Posey had to be disarmed by Deputy Ron Harshman as he entered the Sheriffs office lobby with his weapon still in hand while Collins was making a report at the dispatcher's window. Collins had left his weapon outside.

Continuing the strangeness of the case, a former girlfriend of Posey's, Susan Alward of Temple testified that Posey was, "a very angry, racist, human being." She testified that on Feb. 20, 2008, Posey had discussed an attack on Collins, to kill Collins and make it look like selfdefense. Alward reported this to Collins, and Deputy Sheriff Dee Craft testified that she took a report from Alward to that effect. That report also alleged that Posey brought in controlled substances from Mexico at times. The prosecution dismissed the information as coming from a disgruntled ex-girlfriend.

A one ton truck belonging to Collins, and his weapon that were impounded have not been returned to him at this time. Previously D. A. Whitney Smith had filed to seize the truck. The Buffalo Press will continue to report on the outcome of this issue.

The Leon County jury consisted of six men and six women. There were three minority members.