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.
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
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
