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Prosecutor: NAACP leader refused to leave store

The lawyer says Darryl Rouson had to be physically removed after being asked to leave a tobacco shop.

By MARCUS FRANKLIN
Published April 27, 2005

Darryl Rouson walked into the Purple Haze Tobacco & Accessories Shop one evening last year and looked over a glass pipe as the manager waited on him from behind the counter.

Rouson, St. Petersburg NAACP president, asked the manager how the pipe could be used to smoke crack cocaine.

The manager quickly retrieved the pipe from Rouson and repeatedly asked him to leave. The store is papered with signs warning customers that any mention of using merchandise for illegal drugs will get them thrown out.

The owner then showed up and also asked Rouson to leave.

Rouson, who not only refused but also shook the glass case, had to be physically removed from the store.

That version of events from Rouson's June 23 visit to the store at 1437 34th St. S was presented Tuesday to a Pinellas County jury during the first day of Rouson's misdemeanor trespassing trial.

In recent years, Rouson has spoken out against illegal drugs and criticized retailers such as Purple Haze for selling glass pipes and other items under a "legal lie." The pipes, he maintains, are used to smoke drugs such as crack cocaine or marijuana.

Prosecutors say that whether Rouson was on an antidrug mission or not that June night, he broke the law. "They make it clear he's no longer wanted or welcome at the store," Pinellas-Pasco Assistant State Attorney Broderick Taylor said in his opening statement. "Mr. Rouson still will not leave the store. Mr. Rouson has to be physically removed from the store."

Rouson's attorney, Jay A. Hebert, said during the trial that the store owner and employees "taunted" Rouson with two pit bullterriers.

Prosecutors called John Pena, the 26-year-old former Purple Haze manager who was working the night of Rouson's visit, and St. Petersburg police officer Bonnie Bradford, who responded to a 911 call to the store. The officer said Rouson had already left the store by the time she got there, about seven minutes after the call.

Pena testified Rouson asked to see the owner when he arrived. As Rouson waited, he looked at the glass pipe before asking whether he "could smoke his rocks out of the pipe," Pena said.

After taking the pipe, he tried unsuccessfully to get Rouson to leave, he testified.

Still being questioning by Assistant State Attorney Davecq Tobiassen, Pena described the dogs as "very passive, very gentle, loving." He said he never saw the dogs act aggressive toward customers.

Under cross-examination by Rouson's attorney, Jay A. Hebert, Pena, chewing gum and smiling often, said store owner Leocq Calzadilla asked him to "hold the dogs."

"Why would Leo have to ask you to hold the dogs if they weren't being aggressive," Herbert asked. Pena responded that the owner didn't want his dogs to be harmed.

Hebert said Rouson asked Pena to call the police and was even on a cell phone call with St. Petersburg assistant police chief Cedric Gordon during part of his visit.

Hebert asked Pena whether Calzadilla and a third man "boxed" Rouson in.

Pena said yes.

After Calzadilla grabbed Rouson by the belt, Rouson ended up on the floor surrounded by the dogs, Hebert contended.

[Last modified April 27, 2005, 00:47:14]