‘Community sentiment,’ ‘hostility’ help get Kentucky paralyzed deputy’s lawsuit moved

Scott County Sheriff’s Deputy Jaime Morales’ civil lawsuit against the City of Georgetown, its police department and others will be tried in Woodford County.

Morales filed for a change of venue on Dec. 13, and Judge Jeremy Mattox sustained the motion Thursday. A copy of the judge’s ruling on the change of venue was not immediately available.

The change of venue motion gave three reasons including “disparaging and false comments,” made specifically by city councilman Marvin Thompson captured by a hot microphone and video while a council meeting was in recess. The motion also argued for the trial to be moved because of a defendant’s relationship with the community and because “Scott County jurors may wrongly believe they will be financially responsible for any judgment.”

Morales was wounded and paralyzed on Sept. 11, 2018, during a joint Georgetown Police Department and Scott County Sheriff’s Office Special Response Team operation to apprehend serial bank robbery suspect Edward Reynolds at the northbound Exit 127, I-75 rest stop. An investigative report by the Kentucky State Police determined Morales was struck by friendly fire because Reynolds, who was killed, never fired his weapon.

The state police report stated it could not determine who fired the shot that struck Morales, but in his lawsuit, Morales states Georgetown officer Joseph Enricco was responsible. Enricco has since resigned from the police department.

Defendants in Morales’ lawsuit in addition to the city and police department are Lt. James Michael Wagoner, former officer Enricco and individual city council members. A judge has dropped the council members from the lawsuit.

The lawsuit includes exhibits of the News-Graphic and Lexington Herald-Leader newspapers for reporting and disseminating Thompson’s comments.

“These statements (by Thompson) are patently false and reflect a narrative that is apparently shared amongst Scott County residents, including its community leaders,” states the lawsuit.

“Morales cannot receive a fair trial in Scott County based upon community sentiment that Morales has received more than enough compensation, and that he is to blame for his own injuries,” the lawsuit states, specifically identifying comments Thompson said to fellow council member Polly Singer-Eardley that “Oh, well, that’s his fault, too.”

Thompson and other community leaders are “openly hostile” to Morales, and the councilman’s statements “ultimately poisoned the jury pool and create the risk of seating a jury that may be hostile to Morales,” states the lawsuit.

Morales’ lawsuit also expressed concern about Wagoner’s “particularly close connection to Scott County,” which may have an “undue influence” over the trial.

The lawsuit lists members of Wagoner’s family who reside in Scott County and notes that sitting a Scott County jury without any connections to Wagoner or his family would be difficult.

Wagoner filed an objection to the change of venue motion noting Morales has received “an extraordinary amount of positive press and community support,” and “Kentucky law does not authorize venue changes in civil cases every time a defendant is a good guy or well-liked.”

The third reason given for a change of venue states Scott County jurors would believe they are “personally responsible for any money awarded to Morales.”

“The average juror would not be aware that there may be insurance coverage here and that any judgment would not be the shared responsibility of those in the community,” the lawsuit states. “This case involves permanent catastrophic injury with damages in the millions of dollars and a juror may be inclined to not award what Morales deserves out of fear that he or she could be held personally responsible for a portion of the debt.”

Enricco also filed an objection to the change of venue stating, “the press coverage has been sympathetic to Morales,” and quotes a press release from the city following Thompson’s remarks. “The city council only speaks as a body, and a council member’s personal statements do not reflect any position of the council or the city. Mayor (Tom) Prather would like to assure the public that the city is grateful for the community’s support of Deputy Morales and all law enforcement, including members of both the Scott County Sheriff’s Office and the Georgetown Police Department.”