As of right now, no City of Shelby official has paid any attention to the various lawsuits Mr. Willie Green has filed against them. They consider themselves “bulletproof,” alleging that they have immunity from prosecution and lawsuits. And they have paid City Attorney Martha Thompson a fortune in Shelby taxpayer dollar$ to tell the Judges that the officials are just doing their jobs and have unlimited immunity.
That tall tale began to unravel in a Court Hearing on December 10, 2019. The case was against Shelby City Manager Rick Howell and Howell, through Attorney Martha Thompson, had filed a Motion to Dismiss Mr. Green’s lawsuit against him because of Howell’s claim that he had “immunity” and could not be prosecuted or held accountable for his malicious actions and criminal intent. Superior Court Judge W. Todd Pomeroy was the presiding judge.
North Carolina law does give elected officials and governmental employees immunity just as long as that official and employee acts in a reasonable manner and does not exhibit malicious actions or criminal intent. But, if malicious actions and criminal intent can be showed, all immunity goes down the toilet and the official or employee can be prosecuted in his individual capacity.
Judge Pomeroy’s ruling and Order entered into the Court Records on January 13, 2020 was short and to the point. Judge Pomeroy DENIED Rick Howell’s Motion to Dismiss Mr. Green’s case against him and ordered the trial to continue according to the Rules of Court procedures. A ruling that decided Rick Howell had lost his immunity because of malicious actions or criminal intent.
City Manager Rick Howell, Mayor Stan Anthony and all the Shelby City Council’s collective hearts skipped a beat when Judge Pomeroy’s ruling hit the Court files. They all knew they were caught. They had only one option at that point. Appeal Judge Pomeroy’s ruling to the North Carolina Court of Appeals. If for no other reason than to buy them some time and hoping the sky would somehow fall on Mr. Green.
So, they took every day, every hour, every minute and every second that was available to get their Appeal drafted and filed. Then the Corona Virus pandemic hit and they took advantage of every day, minute and second because of that too. Every time interval available they took to run down Mr. Green and ignore the legal fact that their gooses were cooked.
Now, it is August 10, 2020 and the Court Schedules have come in from Raleigh. The NC Court of Appeals will hear Rick Howell’s appeal on or about August 26, 2020. Howell’s goose cooking time is fast arriving and will go into the oven on August 26th. According to Raleigh, the Judges on the three-judge panel will be Judge Lucy Inman, Judge Phil Berger< Jr. and Judge Allegra Collins.
According to Raleigh, Mr. Green v Rick Howell’s case will NOT include “Oral Arguments.” That means the case is a simple issue with the law and the law is clear. If Howell acted within his legal duties, he has immunity. If Howell used malicious actions or criminal intent, he has no immunity.
My Predictions is Howell will lose his appeal and be ordered to Stand for trial. Of course, if Howell loses, he will Appeal to the NC Supreme Court. If he loses there, On to the US Supreme Court. And, why not? Shelby taxpayers are paying his legal bills.
On the other hand, if Tim Moore can pull some kind of legal trick and Rick Howell’s Appeal is in favor of Rick Howell, Mr. Green will appeal to the NC Supreme Court and perhaps to the US Supreme Court. This could be a landmark case with Millions of Dollars for Mr. Green when justice is finally done.
My overall prediction is Shelby Taxpayers are going to be out of BIG money when this case is finally decided in favor of Mr. Willie Green. So, all you Shelby citizens, taxpayers and voters, here is a big I TOLD YOU SO!!!! But YOU didn’t listen. This is when you GET what YOU deserve. High taxes and corruption galore.
And when the legal “Merry-go-round” starts all over again with the Mayor and the City Council. Don’t come to the County looking for some relief. Before this is over, my last prediction is the County Official are involved too. And will be going around yelling Immunity, Immunity, Immunity too.
