VIDALIA — Delta Fuel Company in Ferriday filed a civil suit against Concordia Parish Sheriff Randy Maxwell, District Attorney Brad Burget and their respective offices last Monday.

According to case records, the suit, which also includes Louisiana Attorney General James D. “Buddy” Caldwell, claims the defendants should be charged with a tort of conversion, because they failed to properly investigate and prosecute a former Delta Fuel employee for crimes he committed against the company.

Conversion is defined as a voluntary act by one person or group inconsistent with the ownership rights of another. Its criminal counterpart is theft.

Delta Fuel is seeking a minimum of $1 million for compensation and punitive damages, and could be awarded more depending on the verdict.

According to case records, the suit stems from the 2009 firing of former Delta General Manager Barry Mitchell Maxwell.

Barry Mitchell Maxwell was fired March 6, 2009, after Delta President Clinton Vegas discovered Barry had created a business entity known as AHA supplies while he was still employed with Delta.

Case records revealed that Barry began business operations with AHA as an un-incorporated business entity between January and March 2009 before Vegas discovered the problem.

A review of AHA’s invoices revealed that during the three-month period, receipts totaling $153,563.30 were found, with no written documentation available to prove AHA was ever extended a line of credit or had any liquid assets with which to carry out cash operations to purchase products to sell.

During a deposition on Sept. 15, 2009, Barry Mitchell Maxwell admitted that he used Delta equipment, including trucks trailers, totes, fuel, company labor and company telephones, Delta company time and Delta proprietary information, including client base, intel, margin of profit and product lists, to actively solicit Delta clientele to change to AHA.

When he was fired, Maxwell was also ordered to return all keys, a company truck, a company computer and company issues cell phone to Delta.

Vegas contacted the CPSO on March 17, 2009, about the property.

The keys and cell phone were never returned, but the computer was returned with its serial number defaced.

The truck was left without the keys inside, and a tow truck had to be called to move it.

Case records indicate the Vegas attempted to have the CPSO investigate the issue, with the sheriff allegedly resistant to assist.

The only documented action taken by the CPSO was an interview by CPSO investigator Bobby Sheppard with two Delta employees.

On June 24,2009, Delta filed a formal complaint against Barry Mitchell Maxwell with Burget’s office, but Burget asked to be recused from the trial.

In a letter to Caldwell, Burget stated that because he had represented Vegas and Delta in civil matters, he did not feel it was appropriate to handle the civil matter.

The case was then handed over to the attorney general’s office.

It is alleged that the assistant attorney general prosecuting the case was the only one working with the case, and that no one from the attorney general’s office, CPSO or district attorney’s office played a role.

On Nov. 10, 2010, Barry Mitchell Maxwell was indicted on unauthorized use of a motor vehicle, simple criminal damage to property, felony theft and attempted theft.

On March 23, 2011, Barry Mitchell Maxwell faced Seventh Judicial District Judge Kathy Johnson for the charges.

The attorney general’s office offered Barry Mitchell Maxwell a plea deal that effectively dismissed all the felony counts, and amended them to one count of unauthorized use of a moveable charge. It carried a $500 fine and a wholly deferred sentence.

Jonhson refused to accept the plea bargain, and because of that, Caldwell dismissed all counts against Barry Mitchell Maxwell.

Due to this, Delta filed a suit for conversion, citing that they were denied meaningful access to the courts and a proper investigation.

Because of this, Delta alleges that is was robbed of time, money, equipment and supplies and should be reimbursed.

More evidence and witness statements must be taken, but the case is set to face trial in Alexandria under U.S District Judge for the Western District of Louisiana Dee Drell in the next year to year and a half.

Sheriff Maxwell said he had no idea the charges were being filed against him, and the would make a comment on the situation when he got more information.

Vegas and Burget could not be reached for comment regarding the incident.