Circuit Court Judge Lee Coleman issued an order dismissing the state’s appeal in Starkville Ward 7 Alderman Henry Vaughn’s DUI case with prejudice on Friday, ending legal proceedings in the case nearly 22 months after Vaughn’s arrest in June 2014.
The dismissal order comes after the Oktibbeha County Board of Supervisors voted 3-1 to not appoint a replacement special prosecutor to continue the state’s ongoing appeal in Oktibbeha County Circuit Court. Vaughn received a directed verdict of not guilty in Oktibbeha County Justice Court last September from Judge Tony Boykin.
Former special prosecutor George Mitchell appealed Boykin’s verdict in Circuit Court before the Eupora-based attorney had to withdraw from the case after Governor Phil Bryant appointed him as a Circuit Court judge in December.
Coleman’s order sustains a motion to dismiss the appeal with prejudice filed by Vaughn’s attorney, Ward 6 Alderman Roy A. Perkins.
“My client and I are very ecstatic that this long drawn out case is finally, permanently and forever concluded,” Perkins said in a statement Friday. “We were completely confident at all times that we would have a fully favorable and a successful outcome.”
Last week, Perkins withdrew his motion seeking for the county to pay $1,836.50 in attorney’s fees from defending Mitchell’s appeal. During the Board of Supervisors’ March 21 discussion on appointing a replacement special prosecutor, District 3 Supervisor Marvell Howard and District 5 Supervisor Joe Williams both said they felt Perkins would drop the request for attorney’s fees if nobody were appointed to argue the state’s case.
Howard, Williams and District 2 Supervisor Orlando Trainer all voted to not appoint a replacement special prosecutor, citing that Vaughn had already received a directed verdict of not guilty in Justice Court. Board Attorney Jack Brown recommended appointing a replacement prosecutor, but only District 1 Supervisor John Montgomery and District 4 Supervisor Bricklee Miller were in support of doing so.
“In my opinion, it would have been the best thing for this board to do,” Brown said on March 21.
Coleman’s court order cites a certified copy of the board order to not appoint a special prosecutor in the appeal.
“The Court further finds that the State has elected not to pursue its appeal,” Coleman’s order said.