The Oktibbeha County Board of Supervisors may appoint a new special prosecutor in three high-profile local court cases Monday.
The appointment would replace Eupora attorney George Mitchell, who was appointed as a Circuit Court judge in the 15h Judicial District by Governor Phil Bryant.
At the time of his judicial appointment, Mitchell was the special prosecutor for the ongoing DUI case against Ward 7 Alderman Henry Vaughn and the simple assault case against Starkville-Oktibbeha Consolidated School District Superintendent Lewis Holloway. Last April, Mitchell was appointed as the special prosecutor in the assault cases against three Mississippi State University football players stemming from an incident that occurred during a snowball fight.
Board Attorney Jack Brown asked to have the appointment of a special prosecutor on the agenda for Monday’s 8:30 a.m. meeting at the county courthouse. He said Friday that he has emailed an attorney asking to fill in for Mitchell on all three cases. If the potential prosecutor turns down the request, Brown said he would prosecute the cases himself.
District 5 Supervisor Joe Williams said Friday he does not support appointing another prosecutor in the Vaughn case because the former alderman received a directed verdict of not guilty on the DUI charge in Oktibbeha County Justice Court last September.
Mitchell appealed the not guilty verdict, which was issued by Justice Court Judge Tony Boykin, in Oktibbeha County Circuit Court. Vaughn’s attorney, Ward 6 Alderman Roy A. Perkins, filed a motion to have the appeal dismissed, but there has not been a hearing on the motion. Mitchell recused himself from the case in January after Perkins filed a motion requesting his recusal. Perkins is also asking that the county pay his attorney fees of $1,837.50 for defending Vaughn during the appeal.
“I feel like it would be a waste of taxpayer dollars to appoint a prosecuting attorney to try Mr. Vaughn a second time when he has already been proven innocent,” Williams said. “We are unnecessarily using taxpayer dollars. Mr. Vaughn has already been tried and proven innocent.”
Williams added that he is not speaking for the board, but he hopes the other supervisors will feel the same way.
Although Mitchell has not filed motions to recuse himself from the Holloway case and the case involving the football players, Brown said he has spoken with Mitchell and the board has the authority to appoint another prosecutor in those cases.
Brown declined to say whom he was asking to be special prosecutor because she had not yet had a chance to respond to his request.
By:
James Carskadon
Friday, March 4, 2016
STARKVILLE, MS