The 'little protester' cuts a deal

Mar. 6—A 21-year-old mother jailed since she was arrested Feb. 9 while protesting outside the mayor's home the Decatur police killing of Steve Perkins pled guilty to a probation violation and disorderly conduct on Tuesday in exchange for her freedom.

Alainah Dailey was escorted by Decatur police into a municipal courtroom presided over by Judge Takisha Gholston at 1:30 p.m. Her hands were cuffed behind her. She wore striped prison garb. On the back of her blouse, "the little protester" was scrawled in Sharpie. Beneath that: "Justice for Steve and Jaiden."

Dailey claimed after her arrest in February that Decatur police officers jeered at her and called her "the little protester that thought she could."

Dailey didn't interact with the dozen or so supporters in the gallery. The audience had already been warned by Gholston that they could be found in contempt of court and sentenced to five days in jail for speaking to the defendant.

"It's an honor and a privilege to serve as your municipal judge," Gholston added. She then called Dailey up to the bench to be sworn in. "It's my understanding that you wish to enter a plea deal with the prosecutor."

Gholston then asked if Dailey wished to plead guilty to disorderly conduct.

"Yes," Dailey replied meekly. She was then asked if she wished to plead guilty to a probation violation. "Yes. I have to say it, right?"

"No ma'am," Gholston responded. She explained that no one could coerce Dailey's decision.

Dailey, amid sniffles, reaffirmed her plea. For her probation violation — she was on unsupervised probation for a misdemeanor fourth degree theft charge at the time of her disorderly conduct arrest — she was sentenced to time served.

For the disorderly conduct charge, Dailey was given a 90-day suspended sentence with 24 months of unsupervised probation.

Shortly after Dailey's February arrest, Madison County Deputy District Attorney Maggie Wallace filed a motion to revoke Dailey's pretrial bond for a felony third-degree escape charge related to a DUI arrest last year. As of Tuesday evening, Dailey's fate with Madison County officials remained unclear.

"My understanding is that her attorney in Madison County has already communicated with the prosecution and that they indicated they would allow her a new bond," Cole said. "That would allow her to get out just as soon as the logistics can be worked out."

Melissa Maze, Dailey's mother, said Dailey's Madison County prosecutor "believes it was ridiculous to revoke her bond over something so trivial."

Wallace could not be reached for comment on Tuesday.

"We trust these police officers to serve and protect us," Maze said. "Not only have they started targeting protesters, but they murdered a good guy in his own front yard. It's just really sad. Where is the justice? When does it end?"

On Dailey's disorderly conduct arrest, Decatur police Chief Todd Pinion said she was found violating multiple subsections of the disorderly conduct code by causing unreasonable noise and failing to disperse after police told her to.

At least 15 people have been charged with disorderly conduct while protesting since Perkins was killed by police on Sept. 29. On Jan. 4, former officer Mac Marquette was indicted by a grand jury on the charge of murder for the fatal shooting of Perkins. His trial is scheduled to begin Nov. 18.

Maze previously expressed fears that Dailey's incarceration could jeopardize her college scholarship. While she hasn't been able to complete schoolwork from jail, Dailey has communicated her situation to her professors. If she wasn't released Tuesday, she would have lost her scholarship, according to Maze.

"This is ultimately why she was forced to take the plea deal," Maze said.

Madison County resident Jennifer McCay, Dailey's aunt, said Decatur has gained an unfavorable reputation among surrounding areas.

"Everywhere I go, they know Decatur city is targeting people who are trying to bring light to the racism in this city," she said.

"We know, when we come through here, that if we have a Black person in the car, we're going to be a target. If we stand up for a Black person, we're going to be a target. That's just how it is. We know that."

— david.gambino@decaturdaily.com or 256-340-2438. @DD_DavidGambino