{"id":4641,"date":"2020-08-11T11:30:28","date_gmt":"2020-08-11T15:30:28","guid":{"rendered":"https:\/\/citizensforgoodgovernment.org\/online\/?p=4641"},"modified":"2020-08-11T11:30:28","modified_gmt":"2020-08-11T15:30:28","slug":"city-of-shelby-leadership-are-all-holding-their-breath-on-august-26-2020-nc-court-of-appeals-to-hear-shelby-case-and-decide-whether-or-not-crooks-and-malicious-liars-are-immune-from-prosec","status":"publish","type":"post","link":"https:\/\/citizensforgoodgovernment.org\/online\/2020\/08\/11\/city-of-shelby-leadership-are-all-holding-their-breath-on-august-26-2020-nc-court-of-appeals-to-hear-shelby-case-and-decide-whether-or-not-crooks-and-malicious-liars-are-immune-from-prosec\/","title":{"rendered":"City of Shelby Leadership are ALL Holding their Breath!!!!\u00a0 On August 26, 2020 NC Court of Appeals to hear Shelby case and decide whether or not crooks and malicious liars are immune from PROSECUTION!!!\u00a0 Shelby City Manager Rick Howell\u2019s neck is the first on the Chopping Block!!!\u00a0 –Report, evaluation, arguendo and predictions by Robert A. Williams"},"content":{"rendered":"
\"image_pdf\"<\/a>\"image_print\"<\/a><\/div>

\u00a0<\/strong>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 \u201cbulletproof,\u201d 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.<\/p>\n

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\u2019s lawsuit against him because of Howell\u2019s claim that he had \u201cimmunity\u201d 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.<\/p>\n

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.<\/p>\n

Judge Pomeroy\u2019s ruling and Order entered into the Court Records on January 13, 2020 was short and to the point. Judge Pomeroy DENIED Rick Howell\u2019s Motion to Dismiss Mr. Green\u2019s 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.<\/p>\n

City Manager Rick Howell, Mayor Stan Anthony and all the Shelby City Council\u2019s collective hearts skipped a beat when Judge Pomeroy\u2019s ruling hit the Court files. They all knew they were caught. They had only one option at that point. Appeal Judge Pomeroy\u2019s 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.<\/p>\n

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.<\/p>\n

Now, it is August 10, 2020 and the Court Schedules have come in from Raleigh. The NC Court of Appeals will hear Rick Howell\u2019s appeal on or about August 26, 2020. Howell\u2019s goose cooking time is fast arriving and will go into the oven on August 26th<\/sup>. According to Raleigh, the Judges on the three-judge panel will be Judge Lucy Inman, Judge Phil Berger< Jr. and Judge Allegra Collins.<\/p>\n

According to Raleigh, Mr. Green v Rick Howell\u2019s case will NOT include \u201cOral Arguments.\u201d 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.<\/p>\n

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.<\/p>\n

On the other hand, if Tim Moore can pull some kind of legal trick and Rick Howell\u2019s 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.<\/p>\n

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!!!! <\/u><\/strong>But YOU didn\u2019t listen. This is when you GET what YOU deserve. High taxes and corruption galore.<\/p>\n

And when the legal \u201cMerry-go-round\u201d starts all over again with the Mayor and the City Council. Don\u2019t 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.<\/p>\n","protected":false},"excerpt":{"rendered":"

\u00a0As 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 \u201cbulletproof,\u201d 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 […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jnews-multi-image_gallery":[],"jnews_single_post":[],"jnews_primary_category":[],"footnotes":""},"categories":[32],"tags":[],"class_list":["post-4641","post","type-post","status-publish","format-standard","hentry","category-cgg-investigations"],"_links":{"self":[{"href":"https:\/\/citizensforgoodgovernment.org\/online\/wp-json\/wp\/v2\/posts\/4641","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/citizensforgoodgovernment.org\/online\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/citizensforgoodgovernment.org\/online\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/citizensforgoodgovernment.org\/online\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/citizensforgoodgovernment.org\/online\/wp-json\/wp\/v2\/comments?post=4641"}],"version-history":[{"count":0,"href":"https:\/\/citizensforgoodgovernment.org\/online\/wp-json\/wp\/v2\/posts\/4641\/revisions"}],"wp:attachment":[{"href":"https:\/\/citizensforgoodgovernment.org\/online\/wp-json\/wp\/v2\/media?parent=4641"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/citizensforgoodgovernment.org\/online\/wp-json\/wp\/v2\/categories?post=4641"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/citizensforgoodgovernment.org\/online\/wp-json\/wp\/v2\/tags?post=4641"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}