Perkins withdraws motion for attorney’s fees in Vaughn case

Oktibbeha County will likely not have to pay an award of attorney’s fees in the DUI case against Ward 7 Alderman Henry Vaughn.
Vaughn’s attorney, Ward 6 Alderman Roy A. Perkins, filed a motion in Oktibbeha County Circuit Court Monday withdrawing his request for the county to pay $1,836.50 in attorney’s fees from defending the prosecution’s appeal of Vaughn’s directed verdict of not guilty.
Perkins’ motion comes one week after the Oktibbeha County Board of Supervisors voted 3-1 to not appoint a replacement special prosecutor in the Vaughn case. District 3 Supervisor Marvell Howard and District 5 Supervisor Joe Williams both said they felt Perkins would withdraw the request for attorney’s fees if the board did not appoint another special prosecutor.
Vaughn received a directed verdict of not guilty from Oktibbeha County Justice Court Judge Tony Boykin in September, but special prosecutor George Mitchell appealed the verdict. In December, Mitchell was appointed as a Circuit Court judge in the 5th Judicial District by Governor Phil Bryant and later withdrew as prosecutor from the Vaughn case. Circuit Court Judge Lee Coleman gave the Board of Supervisors 60 days to appoint another special prosecutor in the Vaughn case, but the board did not appoint one when the matter was discussed during March 7 and March 21 meetings.
A motion to dismiss the prosecution’s appeal is still pending in Circuit Court. When a hearing is held on that motion, no one would be present to represent the prosecution, board attorney Jack Brown said last week.
“Even though the Defendant’s attorney has expended a substantial amount of time and work in light of the herein referenced Notice of Appeal that was filed by the State regarding this case, the Defendant’s attorney has decided not to pursue his Motion Requesting For An Award of Attorney’s Fees,” Monday’s filing from Perkins States. “As a result, the Defendant’s attorney respectfully requests for this Honorable Court to enter an Order indicating that said Motion Requesting Attorney’s Fees shall be and is hereby withdrawn.”
A hearing date has not been set for Perkins’ motion to dismiss Mitchell’s appeal, court records show.