After finding that the staff from Top 5 Bar & Grill in Hattiesburg has not satisfied the terms of a previous court order, Forrest County Chancery Court Judge Sheila Smallwood has issued a new order stating that the bar must close by 10 p.m. on a nightly basis, among other arrangements.
Smallwood issued the new order on September 25, which also declares that the owners of the establishment – which is located at 6104 U.S. Highway 49 – post a bond of $5,000 to the city in compliance with the order. Previously, the establishment stayed open until 2 a.m. on business nights.
“If they don’t abide by (those terms), the (agreement) will be forfeited to the city,” said Randy Pope, who serves as attorney for the City of Hattiesburg. “They can continue to stay open; they just can’t stay open past ten o’clock at night, which will be a pretty big difference for them, and that $5,000 bond has to be paid within seven days of (September 25).”
During that hearing, Smallwood heard from several witnesses from the City of Hattiesburg, including planning director Cory Long, Hattiesburg Police Department officer John Super, Hattiesburg code enforcement officer Whit Sanguinetti, HPD lieutenant Tammy Hoadley, HPD sergeant Harry Crockett and HPD assistant chief Hardy Sims.
“The witnesses for the city offered clear and convincing evidence that the defendant, Top 5 Bar & Grill, repeatedly violated (the previous order),” Smallwood’s order states.
In June, Hattiesburg City Council members voted to allow Pope to file a resolution that resulted in the temporary closure of the bar for safety reasons, and Smallwood signed an agreed order that allowed the bar to reopen if certain conditions were met.
The order, which was filed on July 6 in Forrest County Chancery Court, mandated that several security measures be implemented before the bar could be operated. Those included, but were not limited to, additional cameras on the outside; parking lot measures that adhere to occupancy numbers; a barricade for the South 25th Avenue entrance so that parking lot access is only available from the frontage road; and privacy fencing to serve as a barrier between the operating business and residential property owners.
“We have a lot of evidence that they have violated that order,” Pope said. “So we didn’t’ really have a choice – we gave them an opportunity to do the right thing, and they repeatedly violated it.
“It was repeated violations over a number of nights, so we’ve got plenty of evidence to present.”
The resolution, which is officially known as Resolution 2023-89, was filed after officials from Hattiesburg Police Department reported receiving more than 80 disturbance calls from Top 5, including two recent ones involving weapons. According to the resolution, various illegal activities have occurred in and near the business since it opened in September of last year, including but not limited to fights, shootings, robbery and vandalism.
“When a business or organization operates or allows its customers and/or patrons or others who come on the property to act in a manner that endangers the safety, protection and welfare of its patrons, so that the operation of such a business or organization may be properly deemed a public nuisance, it is appropriate for the governing authorities of the city to bring an action in court to abate said public nuisance,” the resolution states.
“Officers of the Hattiesburg Police Department have been called repeatedly since the business opened by homeowners in the neighborhood about the loud noise and music from the Top 5 Bar & Grill, which disturbs the peace and tranquility of those homeowners. One of the primary responsibilities of the (city) is to secure the general safety, protection and welfare of the residents and businesses of the city.”
The resolution was introduced at the council meeting by Ware before being seconded by Ward 3 Councilman Carter Carroll. Those two council members, along with council president Jeffrey George, voted in favor of the measure.
Ward 2 Councilwoman Deborah Delgado was absent from the meeting and did not vote; Ward 5 Councilman Nicholas Brown abstained from voting.
The most recent incident at the business happened on June 10, when officers responded to a report of a shooting at the club. Upon arriving, police found that three individuals had received gunshot wounds inside, or in the vicinity of, the Top 5.
One the victims had been shot in the back and was transported to Forrest General Hospital by AAA Ambulance Service; the other two victims were transported to the hospital via personal vehicles. All three individuals were treated for gunshot wounds and released.
Officers found approximately 75 bullets and shell casings in the parking lot of the club, whereupon they determined that at least five different guns were used in the shootings. Several vehicles in the parking lot were damaged by gunfire, as was CarQuest, which is adjacent to the facility.
At the time on the June 10 shooting, there were only two security guards outside the Top 5, but they were not in the parking lot, as they were stationed at the door checking for identification and weapons.
Another recent incident happened on May 27, when a man came to the Top 5 to purchase lunch and was pistol-whipped and robbed in the parking lot of the establishment. He was treated for his injuries at Wesley Medical Center.
There was no security present during that incident, and club owners did not have cameras installed in the parking lot.
“Following this incident, the management of Top 5 Bar & Grill was warned by members of HPD that cameras were needed that would show activity in the said parking lot, but no such cameras were or have been installed,” the resolution states.
During the June 10 incident, two security persons were present. However, they were not in the parking lot, as they were stationed at the door of the club checking for identification and weapons.
“After officers of the HPD arrived, they estimated there were between 100-200 persons inside the Top 5 Bar & Grill when the shooting began, including the person who was shot in the back,” the resolution reads. “At the time of the incident Top 5 Bar & Grill had six cameras inside the place of business, but no cameras outside, despite the person being pistol0whipped and robbed in broad daylight on May 27, 2023.”
In recent years, council members have taken similar action against other establishments in the city – including Nostalgia Lounge & Bar and the Hunt Club – to abate violent acts at those sites.
