Sheriff cleared of all claims

Published 12:06 am Thursday, April 26, 2012

ALEXANDRIA, La. — After five years of accusations, a three-day trial and a two-hour jury deliberation, Sheriff Randy Maxwell still has his good name.

A jury of seven — an eighth juror was excused earlier — unanimously found Wednesday afternoon that the Concordia Parish sheriff did not maliciously prosecute James “Jim” Whittington in 2003.

Federal Judge Dee Drell heard the case in Western District Court of Louisiana in Alexandria.

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In the civil lawsuit originally filed in 2008, Whittington claimed he was the victim of a law enforcement vendetta following his arrest in 2003.

“I’m pretty much glad it’s over, not only for myself, but also for the people of the parish,” Maxwell said following the jury ruling. “Mr. Whittington has always clamored he wanted his day in court, that he wanted justice, and I believe today he got it.”

Whittington was arrested on simple robbery, telephone harassment and stalking charges after allegedly harassing and forcibly taking two rings from a former romantic partner, Theresa Berry.

Whittington claimed those charges and criminal proceedings were trumped up because he ran a heated election campaign against Maxwell in the 2003 race for sheriff.

Maxwell defeated Whittington in the general election and won a runoff election against Glen Lipsey in 2003.

After the jury ruling, Whittington said he was glad to have his day in court and that he saw it all the through to a proper case with a jury.

“I thought I was right, but a jury ruled against me,” Whittington said. “And now it’s time to move on.”

Maxwell’s attorney said in closing arguments Wednesday afternoon that Whittington’s frustrations were misguided.

“I understand he’s mad, but the sheriff didn’t do anything,” Tim Richardson said. “All of this comes from (Whittington’s) need for attention, power and control.”

In order to prove Whittington was maliciously prosecuted, his legal counsel had to prove six different elements during the jury trial.

Presence of malice, damage to the plaintiff and commencement or continuance of an original criminal or civil proceeding by the defendant were among the six elements.

Throughout the trial and in his closing statement, Richardson outlined how he claimed Maxwell didn’t fit any of the six elements.