L&C Investments, Inc., and its president, Doug Cheatham, have filed a federal lawsuit against a presiding judge and Buchanan County officials. Named as defendants in the suit are the Honorable Patrick Robb, the Presiding Judge of the Fifth Circuit Court for the State of Missouri, Dwight Scroggins, Jr., the Prosecuting Attorney for the Buchanan County, Dawn Marie Williams, a former assistant Buchanan County prosecuting attorney, Matthew Liles, the current assistant Buchanan County prosecuting attorney, and criminal defendant Mark A. Wilson.
The lawsuit arises from a bond written by L&C for Mark Wilson. Wilson entered a plea of guilty in Buchanan County and was granted a stay of execution on his sentence to Missouri Department of Corrections. Wilson failed to surrender himself to the sheriff to begin his sentencing. A bond judgment was ordered and L&C was ordered to pay the $100,000 bond. L&C appealed the decision and lost.
The complaint alleges conspiracy, 14th amendment claims, and modification of contract. In the conspiracy charge, L&C alleges the defendants used knowledge of a pending federal indictment to “vex” Wilson into entering a plea of guilty to maintain jurisdiction in Buchanan County causing the bail bond forfeiture. In count II of the complaint L&C alleges that defendants failed to notify the bondsman of the modification of the pre-trial bond, failed to act on established procedures and rules regarding the modification of bond conditions after conviction, and defendants allowed or suggested Wilson a stay of execution of a Missouri prison sentence, in direct violation of Missouri Rules of Criminal Procedure and Missouri Revised Statutes. The complaint also alleges that the court modified the contract with L&C by allowing Wilson a 30-day stay on his sentence at Missouri DOC, which L&C contends is a post-trial matter not covered by his pre-trial bond.
The case is related to the case filed in December by L&C against the Missouri Department of Insurance. Both case have been filed in the US District Court, Western District of Missouri.
Earlier coverage of this case here:
Appellant Court Rules Against L&C
MO Supreme Court Denies L&C Case
DIFP Files Complaint Against L&C
Press coverage from KMBC-9
Monday, February 5, 2007
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