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Man arrested at Epicentre denied public defender

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Today was Phillip Agnew’s first day in court following his arrest at the EpiCentre on June 2.

Agnew, 25, was taken to jail after being approached by a security officer who said his hat, which was slightly turned askew, was a dress code violation. After refusing to straighten his hat, Agnew was arrested and charged with trespassing.

A Mecklenburg County judge denied Agnew’s request on Friday for a court-appointed public defender based on his income. His next court appearance is scheduled for Sept. 28.

In the meantime, the judge advised Agnew to seek legal counsel and said that if he cannot afford an attorney before his next court appearance, he could resubmit his request for consideration.

Agnew described the day’s proceedings as “a formality” and says he is looking forward to having his “day in court” where he can subpoena witnesses and defend himself against his accusers. However, he says the case could be thrown out if EpiCentre management and the arresting officers decide not to show up in court to pursue their case against him.

Agnew said based on the counsel of an attorney who has been unofficially advising him, he faces a maximum 20 days in jail and a $200 fine if convicted of the trespassing charge.

“Chances are that won’t happen,” he said.

After walking out of the courtroom, Agnew told a crowd of about one dozen supporters that he plans to continue fighting. “It felt good to know that there were people here supporting me,” he said. “We will continue to fight this and other cases.”

Since his arrest, Agnew says three others have filed official complaints with the city of Charlotte’s Community Relations Committee alleging that they too were victims of racial discrimination while uptown. Agnew also told Qcitymetro that his formal complaint sent to the CRC by certified mail had been returned unopened.

He said that if nothing else, the attention his case has received is getting the message out that people have a formal process to voice their grievances when they feel they have been mistreated.

“We are providing an opportunity for people who didn’t know there was a forum to speak out and to do it the correct the way,” he said. “Outside of marching and protesting there are ways to fight back, and we are giving people an opportunity to do that.”

Agnew is planning a community meeting in the near future to help come up with solutions to what he sees as a serious issue with racism in uptown Charlotte.

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May 24, 2012
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