Starkville attorney and Ward 6 Alderman Roy A. Perkins dropped his request Monday for Oktibbeha County supervisors to pay for his legal services in the state’s appeal of Ward 7 Alderman Henry Vaughn’s driving under the influence case.
Perkins’ motion comes after Supervisors Marvell Howard, Orlando Trainer and Joe Williams voted last week to block an appointment of a new special prosecutor to the case.
Without a prosecutor and the request for fees now set aside, proceedings against the Ward 7 alderman are expected to come to a close. Only a motion from Perkins’ asking Judge Lee Coleman to dismiss the case remains active.
A hearing date for the remaining motion has not been set.
Perkins, who serves alongside Vaughn as Starkville’s mayor pro tempore, previously sought almost $2,000 in fees because of unnecessary prosecution.
Prior to the board voting to not appoint a new prosecutor, Howard said he felt he knew Perkins enough to know that he would not seek legal fees “if we don’t pursue this any further.”
Howard said former Special Prosecutor George Mitchell should have approached the board and asked permission to challenge Justice Court Judge Tony Boykin’s 2015 directed verdict.
A directed verdict is issued when a judge rules the prosecution has not proven the elements of the alleged crimes.
Vaughn was charged with DUI first, careless driving and no proof of insurance in 2014.
State statute and court rules allow prosecutors avenues for filing appeals, and Mitchell appealed the case to circuit court after law enforcement testified the car Vaughn was driving crossed Highway 25’s middle and right-hand lines multiple times and the defendant displayed evidence of drunkenness.
A new special prosecutor was needed after Mitchell was appointed to the 5th Circuit Court bench last year by Gov. Phil Bryant.
Carl Smith covers Starkville and Oktibbeha County for The Dispatch. Follow him on Twitter @StarkDispatch
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