The Arrest of Demarcus Dickerson: 

Why Memphis is Owed an Explanation—and Accountability

The recent arrest of Demarcus Dickerson, widely known and beloved in our community as the Poplar Avenue drink seller “Watermane,” is deeply offensive to me, both as a resident of our Memphis, Shelby County, Tennessee community and as a criminal defense attorney with Donati Law, PLLC. While I am relieved that the charges have officially been dropped, the fact that this escalation occurred at all represents a deliberate, systemic failure that goes well beyond a simple misunderstanding.

To understand why this arrest was so egregious, we must look at the legal framework that permitted this to happen. Mr. Dickerson was charged with Obstructing Highway/Passageway under T.C.A. § 39-17-307, a Class C misdemeanor. A misdemeanor charge does not mandate a physical custodial arrest. Historically, Tennessee law required officers to issue citations in lieu of physical arrest for minor, non-violent offenses to prevent unnecessary jail overcrowding and protect individual liberty. However, following recent statutory modifications, the Tennessee legislature amended T.C.A. § 40-7-103 to significantly expand circumstances where officers have wide discretion to execute a physical arrest instead of issuing a citation.

That statutory discretion is now being weaponized for political maneuverings. With intense public focus on violent crime in Memphis, expanding arrest authority allows law enforcement to execute physical arrests on minor offenses simply to shift the political spotlight onto the elected District Attorney’s Office once the case reaches court. This tactic insulates law enforcement from administrative accountability while unnecessarily forcing non-violent citizens into the system.

Mr. Dickerson had a clean record. Yet, because of this calculated misuse of discretion, he was cuffed, booked, photographed, and forced into custody at 201 Poplar. Every single minute he spent in custody should offend the people of Shelby County.

We must hold every actor in this decision chain to account. The reporting and arresting officers exercised poor judgment in opting for physical custody over a citation, and the judicial commissioner failed as a judicial gatekeeper by signing off on this warrant without demanding common-sense restraint.

At Donati Law, PLLC, our guiding principle is that “Every Client Is a Cause We Believe In”. Whether advocating for clients in private practice or fighting for systemic efficiency on the bench, we cannot allow the law to be weaponized against the very citizens who give our community its heart. Memphis is owed a full explanation, and our justice system must be held to a higher standard.