Malray Files Suit Against The Town Of Homer
Homer Police Captain Donald Malray, filed a suit in the District Court against the Town of Homer on July 20th. The suit stems from the officer being charged and later acquitted of perjury following a jury trial involving J.C. Curry in September 2003. Officer Malray and Vincent McDaniel had both been subpoenaed to testify and sequestered so they would not be able to discuss the proceedings. After allegedly being heard talking about the case by a FBI special agent assigned to the case, the pair were brought before the judge and later charged with perjury.
After investigations were completed a jury trial was held in March and both were found to be not guilty of the charges.
After being exonerated of the crimes Malray’s attorney handed the Town of Homer a bill that contained the charges incurred by Malray for legal defense.
The attorney later wrote the Town of his intentions to sue if the matter was not taken care of within 10 days.
A Louisiana Statute provides that when a law officer employed by a state or agency is charged and acquitted of an alleged crime when he is acting in good faith in the performance of his job, the officer shall be reimbursed for reasonable attorney’s fees incurred by him on account of the institution of persecution.
The statute also provides that the agency by whom he was employed at the time of the crime would be the responsible party.
No decisions have been made public by the Town as of yet, to indicate what recourse they will take.