LAGNIAPPE - AUDIO OF BAY MINETTE ATTORNEY, COUNCILMAN FIGHT OFFERS NEW DETAILS

LAGNIAPPE - AUDIO OF BAY MINETTE ATTORNEY, COUNCILMAN FIGHT OFFERS NEW DETAILS

BY GRANT McLAUGHLIN - Lagniappe

A never before heard recording of a fight between a Bay Minette attorney and city councilman in September has been released, painting a new picture of the events that local police, the former mayor and the attorney have offered diverging takes on. Lagniappe reviewed more than eight hours of an audio recording showing the fight between Harry Still and Councilman Matthew Franklin, as well as continued recording while Still was inside the Baldwin County Jail. The recording was provided to Lagniappe by Still, who said he taped the fight on his cell phone.

The recording of the incident itself and Still’s interactions with law enforcement seem to contradict certain details of the story offered by both sides. 

According to former Mayor Bob Wills, former police chief Al Tolbert and police statements, Still attacked Franklin in his office in downtown Bay Minette on Sept. 3 after a conversation became heated. The fight continued out the front door and onto the street, where several witnesses allegedly saw Still restraining Franklin. He was then arrested and charged with assault. Still has countered that timeline of events, saying Franklin attacked him, forcing Still to restrain Franklin until he stopped assaulting him and his dog, which was with Still at the time. Still has also claimed police did not get his side of the story before arresting him.

Still historically has had a rocky relationship with local officials, which includes those in city hall and at police headquarters. He also co-hosts a podcast in Baldwin County that is frequently critical of local officials.

Several minutes into the conversation at Franklin’s office, Still broached local politics about then mayor-elect Joshua Brown. Still has previously been very critical of Wills and the city council. Brown had recently beat Wills in the Aug. 26, mayoral election, causing speculation as to who would stay in city government  Because Brown had previously led protests against the Bay Minette Police Department over the fatal police shooting of Otis French, rumours were circulating that Tolbert had told several of his officers to quit.

“The Summerdale police chief called me …He called me up and he said, ‘Hey, Al Tolbert just had a meeting with all of his guys and told them to get the f_ck out before [Brown gets in [to office],’” Still told Franklin.

“We’ll just have to see how that rolls out,” Franklin replied, not denying the meeting took place. Still then said he hoped Tolbert would be removed from office.  “Hopefully I won’t have to be in mortal fear every time I come to town of getting killed by this f_cking moron that y’all gave all this equipment to, some son of a b_tch I wouldn’t trust with a potato gun,” Still said. “But that’s just my personal opinion, because he treated me in a way that was untoward.”

An argument then ensued about whether Brown would remove certain city officials from their posts.

“I don’t know, but it’s not going to be a bunch of the lollipop guild d*ck suckers. That’s a fact,” Still said. Franklin then asked Still to leave, who responded by saying he would be “happy to.” As Still is heard walking, Franklin sounds as if he is getting closer and starts yelling.  “Get the f_ck out of this office,” he said. “You big fat f_cking p_ssy, get the f_ck out of my office!”

Still said “Now hang on” before a thump is heard and the fight between the two begins. The recording does not make clear who hit who first. 

The scuffle continues outside, where Still has said he then restrained Franklin from behind as he kicked and grabbed at his legs. “Are you done now?” Still said repeatedly. “I don’t know why you touched me.” Still is then heard telling Franklin, who denied putting his hands on him, to “say uncle” while Franklin asks him to let go. Franklin also grabs at Still’s dog and said “I”m going to kill your fucking dog, and I’m going to kill you.”

The two then separate and the police are called. Still goes across the street to the Baldwin County Courthouse and is approached by law enforcement shortly after.

What happened after fight with councilman? Still previously told Lagniappe on Sept.4 that police failed to get his side of the story, but the recording shows officers asking him what happened, with Still giving his account. Police can also be heard asking other witnesses what they saw. After several conversations with Still, BMPD officers arrested him and booked him into the county jail. Still several times said he did not call 911 despite claiming he was the victim because he did not trust “anyone that worked for Bob Wills or Al Tolbert.” He instead asked police to contact the Baldwin County Sheriff’s Office to get a deputy to speak with Still. Still also later told Lagniappe he was injured during the fight, but when police asked him if he was hurt he said he didn’t feel injured. After making bond, Still also previously told Lagniappe he had a “busted lip” and was checked out by a doctor after being released. “I don’t feel anything,” Still told BMPD officers.  Still said the police department attempted to characterize him as aggressive and violent during an interview while in custody on the night of Sept. 3. The next day, BMPD unsuccessfully filed a petition in court to review Still’s competency and have him committed to a mental institution. The department also stated in a press release detailing the initial incident that Still had a history of violent behavior. In 2019 and 2020, Still had his Baldwin County Courthouse security pass revoked because of “suspicious” behavior with his cellphone and for an instance where he allegedly became aggressive with Bay Minette city officials. In the BMPD release, as part of his bond, Still has been barred from entering city facilities. Because of the incident and the petition to have him committed, Still said he will seek legal counsel to sue several of those involved, but he declined to say specifically who.

Tolbert told Lagniappe via text message that he denied ever telling his officers to quit ahead of Brown taking office. He resigned from his post on Nov. 3 and recently joined the Baldwin County Sheriff’s Office as a deputy. Gaull when contacted Friday denied ever speaking with Still about Tolbert or BMPD. Still is currently scheduled to appear in Baldwin County Municipal Court on Dec. Franklin did not respond to a request for comment by press time.