The area's leading online source for news!
Louisa-Lawrence Co, KY

In God We Trust - Established 2008

Menu

WILHOIT ALLOWS 20 DAY EXTENSION;

NEW PRETRIAL DATE IS SEPT. 18 IN BILLY COLLINS, JR. CASE AGAINST LOCAL POLICE AND OFFICIALS

ASHLAND, Ky. -- (August 18, 2017) U.S. District Judge Henry Wilhoit, Jr. granted a 20 day continuance in the Billy Collins, Jr. Estate civil lawsuit against four Lawrence County, Ky. police officers and their employers and supervisors in a June 2015 case.

Bill Collins, Jr., 56, of Louisa died during an arrest attempt by two LPD officers and two Lawrence County deputies. He had been arrested for disorderly conduct outside the LCHS graduation exercises where Sergeant Steve Wilburn took him into custody and transferred him to Louisa City Hall to await a transfer to the BSRDC.

But Collins, no stranger to the officers after a lengthy arrest record for non violent petty crimes, refused to enter the building and hung to the railing. Collins then broke free and managed to barricade himself in city hall. He was tasered by the officers multiple times and struck with police sticks at least three times, the video shows.

Collins, a 5'6", 230 lb. man, apparently had a heart attack during the arrest and was given CPR by the officers before being pronounced dead at TRMC after transfer.

The final autopsy indicated 'homicide' as the cause of death.

The incident at city hall was recorded on a police chest camera and posted on the internet.

No arrests were made and a Lawrence Grand Jury led by Asst. Commonwealth Attorney Tony Skeens decided there was no evidence of foul play despite not having the autopsy report to look at. There are no records of the grand jury meeting except a "no true bill" on a form filed in Circuit Clerk Jodi Webb Parsley's office.

Members of Collins family were shocked when there was no further investigation and filed suit. The lawsuit, which could hit seven figures according to local observers, was filed June 2 of 2016 and a pretrial hearing was set for August 18, 2017 after 83 motions and other entries such as depositions have been made on the record.

Officer Wilburn's deposition is 99 pages long, and several of the other depositions are extremely long as well.

Here are today's (August 18) order from the judge and the appeals for more time which include the names of the attorneys for both sides.

Mike Curtis of Ashland is representing the Collins Estate.

 EDKY sealEDKY seal

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
NORTHERN DIVISION

ASHLAND

Civil Action No.16-68-HRW

ESTATE OF BILLY COLLINS, JR.,
BILLY JOE COLLINS, ADMINISTRATOR,

v. ORDER
STEPHEN WILBURN, et al.,
PLAINTIFF,
DEFENDANTS.

This matter is before the Court upon the parties' Joint Motion to Continue Pretrial Conference and Pretrial Deadlines [Docket No. 84].

The Court having reviewed the motion, as well as being otherwise sufficiently advised, HEREBY ORDERS that the Pretrial Conference scheduled for August 28, 2017 be CONTINUED to MONDAY, SEPTEMBER 18, 2017 at 9:30 a.m. at the United States District
Courthouse in Ashland, Kentucky.

This l8h day of August, 2017.

Signed By:

Henry R. Wilhoit, Jr.
United States District Judge

Billy Collins,  JrBilly Collins, Jr 

Here is the motion for continuance by both parties indicating that negotiations between the parties is ongoing and neither side wants the case to go to trial.

 

STEPHEN WILBURN, et al. DEFENDANTS
***** *****
JOINT MOTION TO CONTINUE PRETRIAL CONFERENCE
AND PRETRIAL DEADLINES

COME NOW the Plaintiff, Estate of Billy Collins, Jr.; Billy Joseph Collins,
Administrator (“Plaintiff”); Defendants Stephen Wilburn; Jordan Miller; Greg Fugitt; Louisa City Police Department; and the City of Louisa, Kentucky (“City of Louisa”); and Defendants Garrett Roberts; Officer Keefer; Officer Wilhite; Lawrence County Sheriff’s Office; and Lawrence County, Kentucky (“Lawrence County) (collectively the “Parties”), by and through their undersigned counsel of record, and respectfully move this Court to continue the August 28, 2017 pretrial conference as well as the remaining pretrial deadlines previously established in this Court’s September 26, 2016 Scheduling Order (R. 18). In support thereof, the Parties state as
follows:

1. On September 26, 2016 this Court issued a scheduling order for the above-styled action whereby a pretrial conference was scheduled for August 28, 2017, and relative to that pretrial conference date, certain pretrial deadlines were established due seven (7) days prior to said conference, including: witness lists; exhibit lists; pretrial memorandum; pre-marked exhibits; meeting of counsel to complete jury instructions, in addition to other deadlines due at Case: 0:16-cv-00068-HRW Doc #: 84 Filed: 08/14/17 Page: 1 of 4 - Page ID#: 13842. the time of August 28, 2017 pretrial conference. (R. 18, Scheduling Order §§ (6) – (11)).

2. At this time, in the interest of judicial economy, time, cost and resources to the Parties, the Parties request that the Court continue the above-referenced pretrial conference and pretrial deadlines until such time as the Court has had an opportunity to review and rule upon the Parties’ pending motions. Upon the Court ruling on those motions, if necessary the Parties can contact the Court’s clerk and obtain a new pretrial conference and re-establish the aforementioned pretrial deadlines.

3. Further, while the parties have not yet participated in mediation, informal settlement discussions are on-going. The Parties would also like to utilize this additional time in which to continue those discussions.

4. As a result of the foregoing, the Parties agree that a continuance of the pretrial conference and pretrial deadlines is necessary. The Parties represent that this motion is not filed with any dilatory purpose or as the result of neglect of this case. To the contrary, the Parties have conducted and completed discovery in good faith, and have shown good cause for a
continuance.

5. Therefore, the Parties respectfully request that this Court to continue the August 28, 2017 pretrial conference and accompanying pretrial deadlines.

6. A proposed order is attached hereto.

WHEREFORE, based on the foregoing, the Parties respectfully request that this Court grant their joint motion for a continuance and enter the proposed order continuing the pretrial conference and accompanying pretrial deadlines.

Respectfully submitted,
s/ Chris J. Gadansky
_____________________________
Robert T. Watson
Chris J. Gadansky
McBrayer, McGinnis, Leslie & Kirkland, PLLC
Counsel for Defendants Stephen Wilburn,
Jordan Miller, Greg Fugitt, Louisa City
Police Department, and City of Louisa,
Kentucky and

s/ Jonathan C. Shaw (w/ permission)
_____________________________
Jonathan C. Shaw, J.D., M.B.A
Porter, Schmitt, Banks & Baldwin
Paintsville, KY 41240


Counsel for Sheriff Deputies from Lawrence
County Sheriff’s Dept.
Roberts, Keefer, Wilhite, Lawrence County
Sheriff’s Office, Lawrence County, KY
s/ Michael J. Curtis (w/ permission)
_____________________________

 

Michael J. Curtis
Ashland, KY 41105

Counsel for Plaintiff

 

Lawrence County Fiscal Court Meeting August 15


• Opening Prayer
• Pledge of Allegiance
• Called meeting to order
• The minutes of the July 18, 2017 were approved
• Approve first reading of budget amendment #1- approved
• Approved Bills
• The Treasurer’s request was approved
• The Treasurer’s report was accepted

• Approved a donation to Septemberfest for $1,000

• Approved deed of conveyance between the Lawrence County fiscal court and city of Louisa (sewer) -The city of Louisa is to take over County sewage for the Point Section & Route 32.

• Authorize clerk to advertise for bids on Hickman fork and Wilbur Road bridges- the court approved the clerk to advertise for bids.

• Open Bids on Homeland Security Grant-The County received one bid from Labtronics Inc. from Ashland, Ky. for $20,432.88. This is for upgrades on repeaters for 911.

• Accept Lawrence County Soil and Conservation district's annual financial report- Accepted

• Adopted DLG Breach Protection Policy - This is a policy to protect the security and passwords in the County computers. The Department of Local government has requested all counties to utilize this policy.

• Approved revised resolutions between LC Fiscal Court & KY Mountain Regional Recreation Authority. The County had to have a new resolution for the New Fiscal Year, this has stayed the same for several years.

• Approved MOA between DLG & LC fiscal court on HB 303 for $26,000. This was for upgrades for the County computers and a new salt bin for the LC Road Department. 

• Approved Revised Zoning Map- they went back and reviewed the zoning committee made revisions. Some were just some tweaks and added all changes.

• Approved updates to zoning ordinance

• Discuss Garbage Haulers - It is time to review the garbage companies permits. Hauler Joey Endicott was present, but didn’t speak. All permits were renewed except Thompson’s Sanitation. Due to the numerous complaints from their customers, Thompson’s sanitation will be given until the 1st of January to fix the problems that have caused the complaints in order to haul garbage for the citizens of Lawrence Co.

• Public Comments - NONE RECORDED.

A motion was made to accept 2018 motor vehicle & tax rates, it was accepted and has been the same for several years.

• Meeting adjourned

###########

Lawrence Co. Fiscal Court Special Meeting August 18, 2017

The Lawrence Co. Fiscal Court met for a Special Meeting on Friday, August 18, 2017. Those in attendance were John Osborne County Judge, Rick Blackburn Magistrate, Earl Boggs Magistrate, John Lemaster Magistrate and Morris Howard Magistrate.

The reason for the special meeting was to approve a resolution between Lawrence Co. Fiscal Court and the City of Louisa for the transfer of certain sewer lines and sewage pump stations to the City of Louisa.

Motion made by John Lemaster, second by Earl Boggs to approve the resolution. All members were in agreement.

"We are so glad the county is out of the sewage business," judge/exec John Osborne said. "It's been a long time coming and we are happy this issue has been resolved." 

The minutes of the August 15, 2017 meeting were approved by all members of the court.

 

AUGUST 9, 2017

The 2016 Delinquent Tax Sale will be Sept. 14 at 10 am. Our website has a list of all 2016 Delinquent Tax bills. Payment arrangements can be set up at County Attorney's Office. If you have any questions feel free to contact our office.

Thank You,

Chris Jobe

TO SEE DELINQUENT TAX LIST CLICK HERE

 

Lawrence County Judge Executive, John Osborne and Magistrate Rick Blackburn (District 4), assorting backpacks filled with school supplies to be distributed to the Family Resource Centers for approval at Louisa East, West, Fallsburg, and Blaine Elementary Schools.

Bus drivers who notice a child who needs a backpack can go the Family Resource Centers and request one.

Lawrence co. Judge/Exec. John Osborne, left and District 4 magistrate Rick Blackburn Lawrence co. Judge/Exec. John Osborne, left and District 4 magistrate Rick Blackburn

FRANKFORT, KY. (August 9, 2017) – The Department for Local Government (DLG) approved the award of $26,000 in Local Economic Development Fund (LGEDF)/Single County Coal Severance funds to Lawrence County Fiscal Court for the Lawrence County Courthouse and Road Department upgrades project.

Funds will be used for renovations and improvements to the courthouse roof, technology upgrades for office staff and personnel, and construction of a salt storage building.

“I am pleased that these much needed coal severance funds will be allocated toward the pressing needs of Lawrence County, which include renovation and improvements to the County courthouse and a new storage facility for the road department,” said DLG Commissioner Sandra Dunahoo.

“The Lawrence County Courthouse is an important landmark and these renovations to the roof will ensure the building continues to stand over time. I appreciate DLG staff and Lawrence County officials working together to secure these much needed funds,” said Sen. Ray Jones.

“I am thankful these grant funds will go to making sensible improvements and repairs to the Lawrence County Courthouse and Road Department in order to better serve the community,” said Rep. Jill York.

The LGDEF/Single County Coal Severance awards are made under the parameters of HB303. HB303 appropriated coal severance funds for projects that have the concurrence of the respective County Judge/Executive, State Representatives, and State Senators.

For more information on LGEDF, visit our website at https://kydlgweb.ky.gov/StateGrants/stateHome.cfm