Walker DUI case going to county court

By MARGARET BAKER – mbbaker@sunherald.com


Municipal Court Judge Matthew Mestayer said Wednesday he and the city’s prosecuting attorney are recusing themselves from the misdemeanor drunken-driving case of former mayoral candidate and local businessman Scott Walker.

Mestayer contacted four other local judges to hear the case, but they also had conflicts of interest. So Mestayer said he’s following state statutes and transferring the case to Jackson County Justice Court.

Once the case is transferred, he said, a Justice Court judge in Ocean Springs will be assigned to hear it. Barring any conflict of interest, he said, Jackson County’s prosecuting attorney, Mark Watts, could serve as special prosecutor.

Ocean Springs police arrested Walker on April 16 on the misdemeanor charge of driving under the influence. His attorney, Adam Miller, waived his preliminary hearing and entered a not-guilty plea.

The arrest report said Walker appeared to be asleep behind the wheel of his damaged GMC Tahoe when an officer approached him around 12:30 a.m. the night of his DUI arrest.

Walker’s SUV was in a ditch at Halstead Road and Linda Circle, still running, when the officer knocked on a window in an attempt to wake Walker, the report said.

“I knocked on the window multiple times very loudly,” arresting officer Andy Lott wrote in his report. “I asked him to step out of the vehicle, which he complied. I had to help Scott walk to the back of the vehicle because he appeared to be very unbalanced.”

Read more: http://www.sunherald.com/2010/08/04/2383451/walker-dui-case-going-to-county.html#ixzz0vkPAVAgL

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