Vicksburg man serving lawsuit accused of threatening mayor|[6/8/06]

Published 12:00 am Thursday, June 8, 2006

A Vicksburg man has been charged with threatening the mayor while delivering a police officer’s lawsuit on Monday.

An affidavit signed by Mayor Laurence Leyens says Cory Gibson, 27, 67 Gibson Road, threatened Leyens while Gibson was serving a federal lawsuit.

The lawsuit was filed by Vicksburg attorney Richard Dean on behalf of police officer Rudolph Walker who has been in a conflict with the administration about his work schedule and medical condition.

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Reached by phone Wednesday, Gibson said he did not threaten Leyens.

The mayor was not in his City Hall office when Gibson arrived to deliver the lawsuit, Gibson said, and was found at the mayor’s shop at Bowmar and Washington.

The affidavit for the misdemeanor charge says Gibson &#8220did purposely, knowingly and unlawfully attempt to put Mayor Laurence Leyens in fear of eminent serious bodily harm by stating that ‘he was going to get Mr. Leyens.’”.

Leyens said that as mayor he’s served with lawsuits against the city almost weekly, that the process servers always serve the city attorney’s office and that his staff and he asked Gibson to deliver the suit to the city attorney’s office.

Leyens also said when Gibson delivered the lawsuit to Leyens’ shop Gibson called Leyens a specific expletive.

&#8220He clearly threatened me,” Leyens said. &#8220I took it as a personal threat towards me and I responded by protecting myself.”

Gibson said nothing of the sort occurred.

&#8220I knocked on the door and he came to the door,” Gibson said. &#8220The only thing I said to him is the same thing I say to everybody, ‘You’ve been served.’ All I did was give the man a piece of paper.”

Gibson was arrested at 11:25 a.m. Tuesday and freed on a $601.50 bond, Vicksburg Municipal Court records show. He said he is represented by Jackson attorney Gregory J. Faries. The case goes to municipal court, but may be moved to a different venue.

Under court rules, lawsuits commence when filed with court clerks and copies must be delivered to all defendants, usually in person.

Walker’s suit asks for at least $250,000 in damages under the Americans with Disabilities Act for a months-long, unpaid absence from work Walker served last year while his medical status was in question. The city argued Walker provided insufficient information for it to determine whether Walker was fit for duty and placed Walker on unpaid leave from June 2 until Sept. 15.

Dean argued Walker’s case in November before the Vicksburg Civil Service Commission. That review panel upheld the city’s action but said &#8220all parties could have better handled the issue of obtaining a timely verification of (Walker’s) fitness for duty.”

Dean called that ruling &#8220self-contradictory” and appealed it to Warren County Circuit Court. That appeal is pending.

Since Walker, a 30-year officer, was returned to duty Sept. 15, he has been injured in a wreck while he was on-duty and &#8220sent home” by the department, Dean said.

Police records show Walker was driving his police car south on U.S. 61 South and was stopped at a traffic signal at its intersection with Grange Hall Road when it was rear-ended by a 1997 Saturn whose brakes apparently failed at 10:18 p.m. on Jan. 4. Walker was injured in the wreck, records show.

Walker has since argued that he should be placed on light duty.

&#8220If they wanted to put me inside they could do it,” Walker said. &#8220They’re trying to run me off.”

Walker’s doctor has since said Walker is &#8220unfit for duty,” Dean said, adding that Walker is not at work and is not being paid but remains on the VPD officer roster.

City Human Resources Director Lamar Horton has said Walker has used all his sick leave and that Walker was being paid through Worker’s Compensation about two-thirds of his former pay.

Walker requested and received from the U.S. Equal Employment Opportunity Commission on Jan. 10 notice of a right to sue the VPD. The notice says the EEOC would not be able to investigate the charge within 180 days and the Department of Justice had determined it would not file suit.

&#8220This notice should not be taken to mean that the Department of Justice has made a judgment as to whether or not your case is meritorious,” the notice says.