In two separate motions, Starkville Vice Mayor Roy A. Perkins seeks to have special prosecutor George Mitchell recuse from a pending appeal of Ward 7 Alderman Henry Vaughn’s driving under the influence directed verdict and asks that the Oktibbeha County Board of Supervisors foot the bill for his legal services.
Perkins filed a motion Monday stating Mitchell, who was appointed to a judge’s seat on the 5th Circuit Court District in December by Gov. Phil Bryant, should not be allowed to continue prosecuting the case based on the Constitutional Doctrine of Separation of Powers.
Since Mitchell officially began serving in his new role Jan. 1, Perkins argues, he cannot serve in capacities of both the judicial and executive branches. A prosecutor, his motion states, is in the executive branch of government.
“Therefore, to serve in both positions would result in an apparent violation of” state code, Perkins’ motion states.
The document goes on to ask Circuit Court Judge Lee Howard for an order discharging Mitchell if he does not recuse before Jan. 19’s hearing.
In a separate motion, Perkins asks the Oktibbeha County Board of Supervisors to pay his attorney’s fees — a sum of $1,837.50 — since the board appointed Mitchell, who Perkins says filed an appeal “without any statutory or constitutional authority.”
Mitchell appealed the DUI case against Vaughn to circuit court after Justice Court Judge Tony Boykin halted the proceedings in September. Law enforcement agents testified during those proceedings that Vaughn admitted to consuming alcohol before getting behind the wheel in 2014.
Vaughn was charged with DUI first, careless driving and no proof of insurance on June 19 of that year after a county deputy claimed she observed the car the alderman was driving cross Highway 25’s middle line and right-hand line multiple times.
Denise Crocker, the arresting officer, testified during the justice court trial that Vaughn smelled of alcohol, had red eyes and struggled with fine motor skills as he attempted to retrieve personal information cards during the traffic stop.
Vaughn attempted a portable Breathalyzer test at the scene, the arresting officer testified, but refused further testing at the sheriff’s department.
He admitted to having “one drink” after the officer asked him if he had consumed alcohol, according to courtroom testimony.
Perkins contended Vaughn never admitted to drinking alcohol. He also criticized the state’s testimony because the arresting officer could not remember where she pulled him over.
Boykin issued a directed verdict about two hours into the trial. A directed verdict is issued before a trial has concluded, when a judge determines prosecution has failed to prove the elements of the underlying offense.
It is unknown if Mitchell’s appeal could change the outcome of the case, as state law, which is cited in his filing, allows some appeals to “not subject the defendant to further prosecution, nor shall the judgement of the acquittal be reversed.”
In November, Perkins filed a motion asking the court to throw out the case because of a lack of jurisdiction or on the grounds of double jeopardy.
Mitchell noted in his appeal that justice court is not a court of record.
The next hearing is scheduled for 9 a.m. Tuesday.
Carl Smith covers Starkville and Oktibbeha County for The Dispatch. Follow him on Twitter @StarkDispatch
You can help your community
Quality, in-depth journalism is essential to a healthy community. The Dispatch brings you the most complete reporting and insightful commentary in the Golden Triangle, but we need your help to continue our efforts. In the past week, our reporters have posted 36 articles to cdispatch.com. Please consider subscribing to our website for only $2.30 per week to help support local journalism and our community.