Special prosecutor George Mitchell is requesting that Oktibbeha County Justice Court Judge James Mills recuse himself from Lewis Holloway’s trial.
Mitchell, in a motion filed on Oct. 5, alleges Mills contacted the father of a minor who was present during an Aug. 9 altercation between Holloway and Roy Couvion. Holloway and Couvion both face simple assault charges.
Holloway is the superintendent of the Starkville-Oktibbeha Consolidated School District.
According to Mitchell, Mills contacted Oktibbeha County Sheriff’s Department Lt. Brett Watson on Aug. 12 and informed him that he’d been in contact with Holloway regarding the criminal charges. The motion says Mills discussed with Watson “the possibility of all the parties dismissing the charges.” Watson’s daughter was present during Holloway and Couvion’s altercation.
In his motion, Mitchell says that Mills essentially acted as a mediator by engaging in the conversation and is “totally unable to hear the trial of either cases dealing with Lewis Holloway and/or Roy Couvion.”
Holloway was arrested after he allegedly fired a gun into the air during a dispute with Couvion on Mt. Olive Road.
After his arrest, Holloway filed charges against Couvion, alleging the neighbor hit him in the jaw and pushed him to the ground in May. The incident reportedly happened near Holloway’s home on Mt. Olive Road.
Mills told The Dispatch on Wednesday that he was aware of Mitchell’s motion, but has no intention of recusing himself from the trial.
Mills lost his seat in the Democratic primary for the District 3 judge seat in August. He place third in polling behind opponents Cheikh Taylor and Marty Haug. Haug won the runoff in late August and will face Republican Buddy Johnson and independent Hardy Mitchell in November.
Mitchell, in his motion, requested that a special judge be appointed to the case, due to Holloway’s position as a public official and the involvement of the daughter of a sheriff’s department official.
Mills may be removed from the case by necessity if it faces delays, due to approaching elections. However, he told The Dispatch that he would only allow a continuance for “a very good reason.”
Mitchell told The Dispatch on Tuesday evening that he’s weighing a motion to continue the case due to pressing medical issues.
Holloway is currently scheduled for trial on Oct. 27.
Alex Holloway was formerly a reporter with The Dispatch.
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