Candidate’s charge against Leyens won’t be prosecuted|[3/26/05]
Published 12:00 am Monday, March 28, 2005
Warren County Prosecutor Ricky Johnson declined Friday to pursue formal charges against Vicksburg Mayor Laurence Leyens, citing a lack of evidence to support the complaint.
Vicksburg Police Chief Tommy Moffett had turmed over the affidavit filed by North Ward Alderman candidate Rodney Dillamar to Johnson, saying he wanted to remove any appearance of a conflict of interest. Moffett, the city prosecutor and municipal judges are all city employees and city board appointees.
Dillamar had accused Leyens of simple assault by verbal threat following a confrontation Wednesday.
Moffett said that in addition to the affidavit, he acquired a copy of the videotape made by WLBT-TV that captured the exchange between Leyens and Dillamar.
“(Johnson’s) conclusion is that the elements are not there to prove the case of assault against Laurence Leyens,” Moffett said Friday.
Johnson, who is elected by voters countywide, was not available.
Leyens, who is seeking his second term as mayor, said he was pleased with the outcome, but that he planned to be more cautious in the future.
“This was nothing but a political ploy,” he said of the charge. “Obviously, I am going to have to be more careful between now and election day because some of my opponents and people who are running against me are getting very desparate,”
Dillamar, who is seeking the Democratic nomination for the North Ward alderman’s position for the third time, said the outcome shows a difference in how people in power are treated.
“The community now has seen how the system really works … who it is set up to protect and who it is set up to get,” Dillamar said. “The community knows the truth and the tape didn’t lie and what they saw on TV didn’t lie.”
Dillamar also said that the complaint should have been handled like any other through the municipal court system. Moffett said he would not have had a problem going that route, but that it would not have looked right.
“I believe our prosecutor could be fair and just and that our judge could be fair and just, but if there is any air of impropriety then it only makes sense,” Moffett said.
While the complaint against Leyens will not go forward, the same charge made by Dillamar against city employee Malcolm Carson has not been transferred and may proceed through the municipal court system.
State law says a verbal assault has occurred if one person’s words place another in fear of imminent physical harm. Dillimar said Leyens said, “You’ll pay for this,” in response to his statements to the TV camera about Leyens’ administration, marital status and religion.
Leyens, 40, is running as an independent in the June 7 municipal election and faces challenges from former Mayor Joe Loviza, 65, who is also running as an independent; Republican Shirley Newman Smollen, 69, and the winner of the May 3 Democratic primary race.
Seeking the Democratic nomination are former Warren County District 2 Supervisor John Ferguson, 63; Eric Rawlings, 42, who ran unsuccessfully for the nomination four years ago; Warren County District 3 Supervisor Charles Selmon, 44; and first-time office seeker John Shorter, 38, a contractor with the U.S. Army Corps of Engineers.
Dillamar, 45, lost two previous tries to incumbent Gertrude Young, 49, who is seeking her fourth term. Warren County District 2 Supervisor Michael Mayfield, 47, is also seeking the Democratic nomination in that race.
Independents running for the North Ward seat are city employee Vickie Bailey, 36, and construction worker Tommie Rawlings, 41. The only Republican in that race is Carl Yelverton, 58, a security guard at a casino.
Seeking the Democratic nomination in the South Ward are former Vicksburg police officer DaVon Grey, 46, and local hair dresser Pam Johnson, 39. The winner there will challenge incumbent Sid Beauman, 57, a Republican seeking his second term.
Election winners take office July 1 to start four-year terms.