Oktibbeha County Board of Supervisors deadlocked in a vote naming a new special prosecutor during its meeting Monday, meaning it likely won’t have legal representation in the state’s appeal of Starkville Ward 7 Alderman Henry Vaughn’s driving under the influence case.
A motion to appoint either county board attorney Jackson Brown or local attorney Lydia Quarles to the position died 2-2 Monday after District 3 Supervisor Marvell Howard abstained from the vote.
District 2 Supervisor Orlando Trainer and District 5 Supervisor Joe Williams opposed naming a new prosecutor despite a Jan. 26 order from circuit court Judge Lee Coleman granting supervisors additional time to make such an appointment.
The county is now in a position where it could be without legal representation in court when Coleman hears a request from lawyer Roy A. Perkins, who represents Vaughn and serves as a fellow Starkville alderman, for supervisors to pay his attorney’s fees.
A December filing by Perkins states he is seeking almost $2,000 from the county. Perkins also previously filed a motion asking attorney George Mitchell, who was appointed to the 5th Circuit bench by Gov. Phil Bryan, to excuse himself from Vaughn’s case.
As of Monday, the filing for attorney’s fees had not been rescinded.
Mitchell was also handling other Oktibbeha County Justice Court cases, including two simple assault charges involving Starkville-Oktibbeha Consolidated School District Superintendent Lewis Holloway and his neighbor, Roy Couvion.
Although supervisors blocked the Vaughn appointment, they unanimously approved a motion naming either Brown or Quarles to the remainder of Mitchell’s Oktibbeha County caseload.
Williams came out against appointing a prosecutor for the Vaughn case, saying such an appointment would be “a waste of taxpayer dollars” and the matter should be handled “locally and in house.”
In situations where the county appoints special prosecutors, the board only pays for any travel expenses incurred by the attorney. Special prosecutors do not earn a fee for their services.
“I don’t think we have to assign a special prosecutor to the Henry Vaughn case in particular. Mr. Vaughn has already been proven innocent in a court of law. We have 60 days … and we don’t have to act on that. If we don’t, it’s automatic we won’t have a prosecuting attorney,” Williams said.
Brown countered the supervisor by saying both he and Quarles live in Starkville and the board was previously ordered to appoint another prosecutor by the circuit judge.
“I think you do,” Brown said referencing Coleman’s order, “but you know the law better than I do.”
“We have to appoint someone – that’s our legal advice. I’m not going against the law,” added District 1 Supervisor John Montgomery as he banged his hand on the table in defiance of Williams’ motion.
Both Montgomery and District 4 Supervisor Bricklee Miller voted against the non-appointment.
Vaughn was charged with DUI first, careless driving and no proof of insurance in 2014 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.
Despite law enforcement testimony that Vaughn admitted to drinking and asked a booking agent to record him as under the influence of alcohol, not drugs, Justice Court Judge Tony Boykin issued a directed verdict and halted the proceedings.
A directed verdict is issued before a trial has formally concluded when the judge determines the prosecution has failed to prove the elements of the underlying offense. In general, directed verdicts are rarely granted, and trials normally resume once the motion has been denied.
The finding is not the same as a not guilty decision.
Carl Smith covers Starkville and Oktibbeha County for The Dispatch. Follow him on Twitter @StarkDispatch
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