Pending Martin/Smith Civil Suit

[Z]

Misc Info: These threads have the oldest posts at the top so if you want current comments you might go down to the end of the blog and work back. FYI: a suit was filed and is reported at the 'end' of this thread.

;D

I understand that the search is on for the lawyer to take up the suit against Smith, the BAW Board of Directors, the PCB PD, Chief Harding and Officer Kelly.

Lawyers from Pensecola to Tallahassee have been contacted and probably within 60 days a selection will be made and this summer the first paperwork will be served on defendants.

Probably in the Fall there will be depositions and interrogaries of the defendants and demands to produce all sorts of information, including financials of the individuals named.

Having been through 3 suits myself I can say that mine lasted 13 months, 23 months and 2 yrs 363 days, so don't expect any quick results, Florida is known for its lazy court system. Things here drag on for years that would have been completed in 18 months in a decent state.

I think this is due to lawyers running up the tab. The good thing for the plaintiff is that his lawyer will simply be charging 33-40% of the eventual award. With lawyer costs running $250 an hour and $95 an hour for paralegals defendants need to have deep pockets and this isn't the sort of action that the 'loser pays all costs', even if any of the defendants 'win' they still have to pay for their own defense.

[blonde5212]

I have recently moved the area and don't understand this. Who is sueing who?

[Z]

You might look at all the newspaper articles etc on the whole Bid A Wee mess at: bidaweeeasement.blogspot.com/

Things are likely to continue for some time to come, seems that just when it looks like it is over something else pops up.

[blonde5212]

who is suing smith and the rest and what for? Is the suit because smith called the police and they arrested martin? If martin was found not guilty does that mean he didn't do it or was there questionable evidence and not good prosecution? The key question is what is the suit for?

[pcbfla]

When a jury is out for only 45 minutes after a day long trial that might be a hint that Jimmy Smith had no credibility. Probably we won't know what the basis of the case is until it is filed when it is public record and anyone can look at it at the courthouse for free or get a copy for $1 a page. I'm sure it will be reported by the newspaper and the local TV stations.

Probably the part against PCB PD won't fly but it looks like a sure thing against Smith. Consider that in a 'criminal' case the status of proof is 'beyond a reasonable doubt', which is probably 95%, but in a 'civil' case you have to only get 50.1% to get a win.

As to the Board members, that is anyone's guess, but it is usual to sue everyone in these suits. They can always hire an attorney and ask to be dropped from the case. That sometimes works.

My thoughs are that if you make up BS about someone you don't like and get them charged with 3 Felony counts and the jury finds him not guilty after 45 minutes, then you deserve to pay heavily for such lies.

Who is next for Smith to lie about? Could be anyone he dosen't like. Maybe a million dollar award to Martin will cure Smith of telling lies?

[blonde5212]

I can halfway understand a suit against pcb pd and maybe smith but what board was involved and how did the board members become responsible for actions of smith against martin or martin against smith? I am not a lawyer but have a sister who is in another state and she is curious about how so many people are going to be sued, but then again anyone can sue anybody but then something called frivolous comes to mind.

[Purple Cow]

For sure Smith is going to get sued. You accuse someone of 3 felonies that might result in 10 yrs in jail and you can't make the case stick then you just better be prepared to end up getting sued.

I would think that folks there would be putting a lot of distance between themselves and Smith, like maybe making him the ex-president of the HOA.

[bawowner26]

Martin suit against the Board has nothing to do with his arrest. From what I have seen
I believe Martin can prove he was harrased at the June Meeting by the board's hiring a deputy stop him at the door. No other person attending was singled out or spoken to by the deputy. According to Martin it was the first meeting he had attended in over 5 years the last time being when he was a board member. He claims he had never before interupted or disrupted the meeting in the past so there was no possible reason to single him out except that Smith wanted to harrass him. The board also met on Thursday prior to the June meeting and Smith discussed ways to harrass Martin and made the statement according to one of the officers at the meeting "if I could only provoke him in to hitting me that would be a felony because I am over 65" Several board members are prepared to testify to that in Martin's behalf. Martin was not allowed to speak at the meeting and was shouted down. Neither Smith nor the board made an effort to bring the meeting to order and the depouty held a stop watch on Martin limiting him to three minutes once he began to try to speak. No one else was timed with a watch. While Martin was at the microphone attempting to speak I personally observed Smith's wife go running up to Martin screaming in his face waving a handful of papers. Smith also sent a letter to Martin ( I have seen the letter) and copied many others a "BOD approved letter that was totally slanderous. As a Lawyer your sister must know that any person serving voluntarily on a non profit organzation board can be held liable individually and as a whole for actions taken by the board and also for failure to control the President. There is plenty of Florida case law on this. The only reason the organization exist is to deal with issues converning the beach. When the board decided to become a part of and aid Jim Smith in his private war against Martin they left themselves wide open. Any member of the board could have stood up to him and stopped him. They chose to do nothing. As I see if they deserve what they get.

[Purple Cow]

I understand that there has been some behind the scenes developments in this matter.

Recently a legal firm was chosen for the pending suit.

This week a long meeting took place with the City and PCB PD represented by a Deputy Chief and Captain. In larger departments this would have been done via a 'review board' but the dept is not that big.

The complaint filed was against the arresting officer, both for acting without learning all the details of the 'crimes' and also for his testimony in court where he contradicted himself several times (ie: perjury).

As I understand it, should the City/PD take serious action against the officer they might not be included in the suit and that action (suspension or firing) could be used against other defendants to show that there was really never any case. The theory here being that there were still enough fish in the barrel (Smith, BAW Corp, BAW Officers) that they really didn't need to sue the City/PD.

Things are on temp hold awaiting the outcome of the complaint to the PCB PD.

[Bay County Tax Payer]

I was thinking about that kids story about 'the boy who cried wolf'.

Now that Mr Smith has been found to be less than believeable with his claim that he got assulted, if someone did beat the snot out of him no one would believe it.

I guess that if you are going to lie about your neighbors then you should do a better job of it . . . .or wait a minute! maybe you shouldn't lie about your neighbors!

[bawowner26]

Word is the Beach Police are deep in to their investigation of Officer John Kelly for perjury in the Martin Trial. Not looking good for Kelly. He is likely to lose his job and be prosecuted otherwise the Police have zero credibility when testifying in future trials. If they prosecute Kelly I think they have to prosecute Smith as well.

[bawowner26]

The beach police has completed an investigation of the complaint filed by Martin against Officer John Kelly, the arresting officer in the Smith case. They determined that Officer Kelly violated Department rules and regulations by not conducting a proper, thorough, and complete investigation before arresting Martin. He has been reprimanded, suspended from Field Training for six months and ordered to get remedial training on the proper handling and collection of evidence. The Department is also reviewing the rules and regulations governing the collecting and gathering of evidence and the revisions will be added to their training program. This is all public record. Deputy Chief Moring found that Kelly was in vilation of article IV Neglect of Duty set (7) failure to conduct a proper, thorough and complete investigation, In addition Moring States that the "Department has failed to peoperly train Officer Kelly in the collection and gathering if evidence." The city, the Department and Jimmy Algie Smith better get ready to get their asses sued.

[guest]

Why hasn't this news been plastered throughout the news media? They sure blew it up when Martin was arrested. Shouldn't the same coverage be afforded to an innocent man that was not only railroaded by the Smith's but also by the PCB police department?

[bawowner26]

Officer John Kelly should have been fired but at least his ass was on the hot seat. I read the official public record of the investigation in to Martin's complaint. One thig is certail Officer Felfrey who transported Martin to Jail confirmed as did the jail records that Smith and Officer Kelly was lying about the heavy boot Martin was indeed wearing. But, even crippled he whipped Smith's ass. Besides a civil suit against Smith Martin has another option and I confirmed this can be done. Martin can file a complaint and have smith arrested for assaulting him on July 29th. Statute iof limitations is 2 years. And, it would be felny assault since Smith told the jury in Martin's trial that he picked up a metal frame grass catcher and hit Martin with it. The State;s Attorney could choose to not go forward but Smith's ass would be hauled off to jail spend a night appear befopre a judge would set Bond and he can;t do a damn thing to Martin for having him arrested. Martin has already been tried for the incident on that day and aquitted. uh 5h amendment Double jeapordy LOL. NOW THAT WOULD BE GOOD

[pcbfla]

Martin can file a complaint and have smith arrested . . . The State;s Attorney could choose to not go forward

=================================

Yeah, in theory you 'could' file, but it would have to be in PCB where the cops probably don't like you, and it would go to the State Attorney where the lawyers probably don't like you, so unless you just have nothing else to do you might want to just say 'the Hell with it' and move on.

Probably Smith deserves it but he is now disgraced and unwanted in the community and probably soon he will eat his gun or something and that will be it for him.

[bawowner26]

Well Martin spoke to the Deputy Chief Michael Moring and both Major Moring and Captain Wayne Maddox are friends of mine and trust me they like Martin just fine. No problem with his whatsoever. It is trued the State's Attorney could decide not to go to trial but that woud be after Smith's ass was taken away in handcuffs to jail in front of the whole neighborhood as Martin was, spends a night, makes forst appearnce, has bond set, and bonds out. Next come pre-trial and at that poin they may decide not to pursue it but, Smiths has will have gone to jail, paid a biondsman and hired a lawyer.

[bawowner26]

Smith doesn't have to balls to kill himself.

[bawowner26]

The next few months will be very interesting. Smith will soon get what he deserves.

[Ryan Burrell]

Officer John Kelly did resign over this which is a good thing, I have been cited by him for "allegedly" running a red light and he was a pompous little pr#$ck whe he did. When I read this and saw that he was involved and ultimately left the police force it brought a smile to my face. It amazes me the kind of trash they let become a cop these days.

[Z]

3/12/13 Misc: I have no recent info on what has been going on in this or what (if anything) is taking place now. My only comment is that my blog site about Bid A Wee has suddenly had over 100 look ins in a day and a half, the normal traffic is maybe one a day. I dont know why the upsurge in interest, one look in was for 5 visits from the 'Florida Supreme Court' for a total of over 4 hours. So if anyone out there knows what is going on you might add to the thread so we all can be in on it.

BH

[Z]

This is now reported in the Panama City Herald: www.newsherald.com/news/crime-public-safety/pcbpd-sued-following-bid-a-wee-fisticuffs-1.207529


PCBPD sued following Bid-A-Wee fisticuffs
Published: Tuesday, September 24, 2013 at 08:56 AM.

PANAMA CITY — An attorney for a man acquitted last year of beating the president of a neighborhood homeowners association has filed a lawsuit against Panama City Beach and the officer who arrested him alleging negligence, false arrest and malicious prosecution.

The suit brought by Marie Maddox on behalf of Randy Martin, 57, contends that John Kelly, a former Panama City Beach Police officer who is now with the departments reserve unit, arrested Martin without probable cause and then lied when he testified at Martin’s trial on a count of aggravated assault with a deadly weapon.

Martin and Jimmy Smith, who was then the President of the Bid-a-Wee Homeowners Association, were involved in a fistfight in Smith’s yard in July of 2011. Smith called police, who arrived and arrested Martin on felony charges of aggravated assault, aggravated assault with a deadly weapon and assault on a person over 65.

The suit, which was filed in Bay County Wednesday, claims Smith was the aggressor in the fight, and Martin only defended himself after Smith “sucker punched” him. Kelly performed a one-sided investigation that resulted in Martin’s wrongful arrest, and that Panama City Beach, as Kelly’s employer, failed to investigate Kelly’s history and training, the suit says.

“It went from one bad nightmare to another,” Martin said Monday.

Martin is seeking attorney’s fees and unspecified punitive damages from both Kelly and the city. He said the media coverage of his arrest hurt his reputation and career in the electrical supply industry, and the incident in general caused him great stress as he awaited trial.

“They don’t have enough money to repay what they did to me,” Martin said.

Kelly resigned from the police department last year for family reasons that were not related to Martin’s arrest, said Chief Drew Whitman, who added that the lawsuit had not yet been served on the city but he had been notified of the intent to file it. Whitman said he would not be commenting on the pending litigation.

Kelly said he also had not been served with the suit and declined to comment.

[MITCH]

I see that the Bay County suit has now turned into a Federal suit. New info posted at: bidaweeeasement.blogspot.com/