Recording of Harry Still, Matthew Franklin Fight in Bay Minette Offers New Details

BAY MINETTE, Ala. — A previously unreleased recording of a September fight between Bay Minette attorney Harry Still and City Councilman Matthew Franklin has been made public. The recording offers new details about an incident that police, the former mayor and Still himself have described in differing ways.

The recording runs more than eight hours. It captures the fight and continues while Still was inside the Baldwin County Jail. Still provided the recording and said he made it on his cellphone. Parts of the recording, including Still’s interactions with law enforcement, appear to contradict certain details offered by both sides.

Still was arrested and charged with assault. He has not been convicted and is presumed innocent.

Competing accounts

According to former Mayor Bob Wills, former Police Chief Al Tolbert and police statements, Still attacked Franklin in Franklin’s downtown Bay Minette office on Sept. 3 after a conversation became heated. Police said the fight moved out the front door and onto the street, where several witnesses reportedly saw Still restraining Franklin.

Still has disputed that account. He has said Franklin attacked him and that he restrained Franklin until Franklin stopped assaulting him and his dog, which was with him at the time. Still has also said police did not get his side of the story before arresting him.

Still has had a strained relationship with local officials, including those at City Hall and police headquarters. He co-hosts a podcast in Baldwin County that is frequently critical of local officials.

What the recording captures

Several minutes into the conversation at Franklin’s office, Still brought up then-Mayor-elect Joshua Brown, who had defeated Wills in the Aug. 26 mayoral election. Brown had previously led protests against the Bay Minette Police Department over the fatal police shooting of Otis French, and rumors were circulating that Tolbert had told several officers to quit.

On the recording, Still tells Franklin that the Summerdale police chief had called him and said Tolbert had held a meeting with his officers and told them to leave before Brown took office. “We’ll just have to see how that rolls out,” Franklin replied, without denying the meeting took place.

Still then said he hoped Tolbert would be removed from office and made profane remarks about the police chief, calling them his “personal opinion.” An argument followed over whether Brown would remove certain city officials.

Franklin then asked Still to leave, and Still said he would be “happy to.” As Still is heard walking, Franklin appears to move closer and begins yelling profanities, ordering Still out of the office. Still says “Now hang on” before a thump is heard and the fight begins. The recording does not make clear who struck first.

Outside the office

The scuffle continued outside, where Still has said he held Franklin from behind as Franklin kicked and grabbed at his legs. “Are you done now?” Still is heard saying repeatedly. “I don’t know why you touched me.”

Still is then heard telling Franklin, who denied putting his hands on him, to “say uncle,” while Franklin asks to be let go. On the recording, Franklin is also heard grabbing at Still’s dog and threatening to kill the dog and Still.

The two then separated and police were called. Still walked across the street to the Baldwin County Courthouse, where law enforcement officers approached him shortly afterward.

Interactions with police

On Sept. 4, Still said police had failed to get his side of the story. The recording, however, shows officers asking him what happened and Still giving his account. Officers can also be heard asking other witnesses what they saw.

After several conversations with Still, Bay Minette police officers arrested him and booked him into the county jail. Still said several times that he did not call 911, despite saying he was the victim, because he did not trust “anyone that worked for Bob Wills or Al Tolbert.” He instead asked police to contact the Baldwin County Sheriff’s Office to have a deputy speak with him.

Still later said he was injured in the fight, but when officers asked whether he was hurt, he told them, “I don’t feel anything.” After making bond, Still said he had a “busted lip” and was checked by a doctor after his release.

Still said the police department tried to portray him as aggressive and violent during an interview while he was in custody on the night of Sept. 3. The next day, the department unsuccessfully petitioned the court for a review of Still’s competency. The department also stated in a press release that Still had a history of violent behavior.

In 2019 and 2020, Still had his Baldwin County Courthouse security pass revoked over what was described as “suspicious” behavior with his cellphone and an incident in which he allegedly became aggressive with Bay Minette city officials. According to the police department’s release, Still is barred from entering city facilities as a condition of his bond.

Still said that because of the incident and the competency petition, he will seek legal counsel to sue several of those involved. He declined to say whom.

Responses

Tolbert said in a text message that he never told his officers to quit before Brown took office. Tolbert resigned as police chief on Nov. 3 and has since joined the Baldwin County Sheriff’s Office as a deputy.

Gaull, the Summerdale police chief referred to on the recording, denied when contacted Friday that he ever spoke with Still about Tolbert or the police department.

Franklin did not respond to a request for comment. Still is scheduled to appear in municipal court in December.