Fifth Circuit Judge George Mitchell has withdrawn as the special prosecutor of Ward 7 Henry Vaughn’s driving under the influence appeal in an attempt to avoid a conflict between his dueling roles.
Mitchell, who appealed a September directed verdict issued by Oktibbeha County Justice Court Judge Tony Boykin, said in his filing he was advised by the state’s judicial performance review group there “would be a conflict” moving forward since he serves as both a circuit court judge and a prosecutor.
Vaughn’s attorney Roy A. Perkins, who also serves as an alderman, previously filed a motion asking for Mitchell to move off the case. Perkins argued Mitchell could not serve as both a member of the executive and judicial branches of government.
In a letter sent Friday to Perkins, the Oktibbeha County Board of Supervisors and the court, Mitchell asked that the state “be given adequate time” to obtain the services of a replacement prosecutor.
Judge Lee Coleman granted a continuance in the case last week. Mitchell was not present for the hearing, as he was serving on the 5th Circuit bench that same day.
The county board must name a new special prosecutor to move forward with the case.
Perkins seeks $1,837.50 from the county for his legal services since Mitchell filed an appeal “without any statutory or constitutional authority.”
Mitchell is also serving as the special prosecutor in two simple assault cases involving Starkville-Oktibbeha Consolidated School District Superintendent Lewis Holloway and his neighbor, Roy Couvion.
It is not known if Mitchell has filed a recusal in those two cases.
Boykin issued the directed verdict — a move that occurs when a judge determines the state has not proven a crime occurred — after testimony from deputies stating Vaughn admitted to drinking 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 an Oktibbeha County deputy claimed she observed the car the alderman was driving cross Highway 25’s middle and right-hand lines multiple times.
The alderman attempted a portable breathalyzer test at the scene but refused further testing at the sheriff’s department, according to the deputy.
Perkins contended Vaughn never admitted to drinking alcohol. He also criticized the state’s testimony because the arresting officer could not remember where exactly she pulled him over a year after the incident.
The careless driving and insurance charges were later dropped.
Carl Smith covers Starkville and Oktibbeha County for The Dispatch. Follow him on Twitter @StarkDispatch
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