Arabic woman testifies about slurs directed at her by Black woman in Macomb County store
An Arabic woman maintained that a Black woman used ethnic slurs against her and threw a pillow at her in a Macomb County store, although her allegations were weakened slightly by some differences from her prior statements.
Ela Musaid, 19, took the stand Tuesday at the start of the jury trial for Tenia Fleming, an off-duty Wayne County Sheriff’s deputy who is charged with ethnic intimidation and assault and battery for an incident last December at the Marshalls store at 12 Mile and Gratiot Avenue in Roseville.
Musaid, who was shopping with her two sisters, testified in Macomb County Circuit Court that she felt “terrified” and her life was in danger after Fleming allegedly called her a “f—— filthy Arab,” cussed at her further and threw a pillow at her as Musaid walked away.
Musaid, who is Muslim and was wearing a hijab at the time of the incident, called Fleming’s remarks “violent and racist” and she felt “afraid for my life.”
She said she didn’t think the comments were necessarily directed at her but that she and her sisters were the only people in the store donned in hijabs.
Musaid, who spoke softly through a face mask, at times was difficult to understand.
Musaid said she did not see Fleming when she made the initial remarks as they were in separate aisles. Musaid said she and Fleming began walking in the same direction after the alleged slurs were spoken, and they both ended up in the main aisle. Video of the incident shows Fleming was about 10 feet behind Musaid when she threw the pillow. Musaid said was shouting at her but she does not recall what she said.
She said she did not say anything to prompt the initial remarks, was not on the phone with one of her sisters in the moments prior to the incident and did not recall whether she said anything further to Fleming following the remarks.
Video shows that Fleming’s husband, Kenneth, also a Wayne County Sheriff’s deputy, restrained Tenia from rushing toward Musaid after throwing the pillow.
Ela’s sister, Lamees Musaid, 23, testified she heard the initial slurs and then in a second set of comments heard Fleming say “names.”
“I do not recall the exact names,” she said. “It was a long time ago and I do not remember.”
Lamees Musaid called 911 and told a dispatcher, “A Black lady comes across and calls me names and then a pillow is thrown at us. I’m in danger,” according to a recording played in court while Lamees testified.
Police arrived, and after talking to officers, the sisters asked to be escorted to their vehicle because they were scared, Ela Musaid testified.
Meanwhile, Fleming and her husband left immediatley following the incident. Mr. Fleming was later identified from security video at the store, leading to the charges against Mrs. Fleming.
During cross examination of Ela Musaid by Fleming’s attorney, Lillian Diallo, Musaid said she did not recall some aspects of the incident or her prior statements because, “It was so long ago.”
Diallo pointed out Musaid told police Fleming made the initial remarks “under her breath,” but Tuesday said, “I don’t remember.”
Diallo also noted that twice in police reports officers did not include that Fleming included “filthy” in her remarks, although under redirect questioning from Assistant Prosecutor Patrick Coletta, Musaid noted it is included in at least one other report.
Musaid said she also did not remember testifying that she said, “This is crazy,” as she walked away around the time the pillow struck her.
Diallo pointed out at the start of her cross examination Musaid was wearing a hijab, face mask and eyeglasses while testifying Tuesday but at the district court hearing wore only the hijab while on the stand.
“It’s clear we cannot see your facial expressions right now, correct?” Diallo said. “At the preliminary examination we were able to see your facial expressions, correct? We didn’t have a jury at the preliminary examination, correct?”
Musaid replied, “correct,” to the trio of questions.
Musaid testified under Coletta’s questioning that she felt “afraid” to be testifying in the same room as Fleming, who was sitting at the attorneys-parties table.
Ethnic intimidation is a low-level felony punishable by up to two year in prison and assault and battery is a misdemeanor.
Fleming was suspended without pay following the incident.
The trial in front of Judge Joseph Toia was expected to conclude this week.