Judge finds man guilty in controversial Warsaw Waffle House arrest

DUPLIN COUNTY, NC (WITN) - A judge has found a man guilty of resisting arrest in a case that gained national attention earlier this year.

Anthony Wall's arrest at the Warsaw Waffle House on May 4th went viral when it showed a police officer putting his hands on the man's throat.

The SBI investigated the case, but apparently found no excessive force as Officer Frank Moss was never charged.

Wall originally was also facing a disorderly conduct charge, but that count was dismissed by the judge.

Judge Mario Perez, who is from Pitt County, found Wall guilty of resisting arrest.

The judge gave Wall a 20 day suspended sentence and put him on supervised probation for 18 months. Wall must go under an anger management assessment and during probation he is not allowed on the Waffle House property.

Officer Moss responded to the restaurant in Duplin County after receiving complaints that Wall had gotten into an argument with employees inside about a table that had not been cleaned off.

Attorneys for Wall say the staff had directed homophobic slurs at him.

On the witness stand, Officer Moss testified when he was unable to physically contain Wall, he placed his hand on Wall's throat, pressing in with his thumb at a known weak spot.

Moss said the tactic was part of his law enforcement training.


Previous Story

A police officer at the center of a controversial arrest that gained national attention said that he used police training to subdue a man outside an Eastern Carolina Waffle House.

Anthony Wall is standing trial in Kenansville after his arrest on May 4th in Warsaw. He's on trial for disorderly conduct and resisting arrest.

The case gained national attention after Warsaw Officer Frank Moss was seen putting his hand on Wall's throat and putting him on the ground in a viral video.

Officer Moss responded to the restaurant in Duplin County after receiving complaints that Wall had gotten into an argument with people inside.

Attorneys for Wall say the staff had directed homophobic slurs at him.

On the stand this morning, Moss testified that he initially grabbed the back of Wall's collar and put his arm out in front of him to let Wall know law enforcement was there.

Moss said Wall resisted, and tore his body camera off. He said he didn't know if that was intentional, or it just happened as a result of the resistance.

According to the officer, Wall said, "get your white trashy hands off me". When unable to physically contain Wall, the officer said he placed his hand on Wall's throat, pressing in with his thumb at a known weak spot.

Moss said the tactic was part of his law enforcement training.

The officer said his body camera wasn't activated that night, adding that wasn't intentional on his part.

Prosecutors wrapped up their case by mid-afternoon, and Wall took the stand late in the day.

"After he choked me, I felt endangered because you choking me," Wall said. "My feet is off the ground becuase you lift me off the ground, not becuase I am leaning toward you. You lift me off the ground by choking me. So, at that point, I'm feeling like I am endangered and you as a cop, if you are there to come and calm the situation down, why are you choking me?".


Previous Story

The trial for a man who was arrested outside of a Waffle House in early May is underway.

The case gained national attention after Warsaw police officer Frank Moss was seen putting his hand on Anthony Wall's throat and putting him on the ground in a viral video.

Officer Moss responded to the restaurant in Duplin County after receiving complaints that Wall had gotten into an argument with people inside.

Attorney's for Wall say the staff had directed homophobic slurs at him.

Wall was charged with disorderly conduct and resisting arrest.

His lawyer entered a not guilty plea this morning before testimony got underway.

The trial was delayed while the SBI investigated whether or not Officer Moss used excessive force.

District Attorney Ernie Lee has only said they have reviewed the SBI report and that Wall's case is scheduled for trial.



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An arrest story here in the east that got national attention is expected to go to trial Thursday morning in Kenansville.

You may remember the footage out of Warsaw in Duplin County back in early May involving an arrest outside of the Waffle House there.

Officer Frank Moss is seen putting his hand around the throat of Anthony Wall before taking him to the ground and arresting him.

Moss had responded to the restaurant following a disturbance inside the restaurant involving Wall and the staff there.

Attorney's for Wall say the staff had directed homophobic slurs at him.

Wall was charged with disorderly conduct and resisting arrest.

An SBI investigation was launched into whether or not the level of force used by officer Moss was excessive.