Oct 02, 2024
DESOTO COUNTY, Miss. — A judge in DeSoto County, Mississippi ruled an assistant district attorney in contempt of court and sentenced him to jail time and a fine. The ruling against ADA Andrew Willcutt was filed Monday by Circuit Court Judge Celeste Wilson in regard to an ongoing criminal case involving a defendant accused of attempted murder. Now, WREG has learned the defendant at the center of the case has been dismissed. According to the judge's order, Willcutt told the court on Sept. 26 that he had made no progress on presenting a case to a grand jury, saying he didn't have a case file from Southaven Police and he believed there were potential victim cooperation issues. The order cited concerns about the serious nature of the pending allegations and the defendant being in jail for 278 days, which was noted as a great expense to the defendant's liberty interests and taxpayers' financial interests. According to the DeSoto County jail log, the defendant was arrested on December 24, 2023, on an attempted murder charge. Ex-Hernando school resource officer arrested on rape, battery charges The ADA then failed to appear for a hearing on Monday, the judge stated. Judge Wilson said in her 15 years as a judicial officer "she has never been confronted with such an affront to the Court's authority as has been exhibited repeatedly by ADA Willcutt and expects that the sanction imposed herein will serve to deter ADA Willcutt from engaging in similar contumacious conduct in the future." Willcutt was sentenced to 10 days in the DeSoto County jail with all but 48 hours suspended. DeSoto County District Attorney Matthew Barton released the following statement in regard to Willcutt being held in contempt of court, "We will be contesting this matter in court later, and I’ll comment then. I stand with my ADA who has done an exceptional job, including winning a hotly contested attempted murder and armed robbery trial last week along with securing more felony convictions this year than anyone in our district, and potentially the state including 26 in his last court date." Barton says that Willcutt did not appear in court because "He was on an assignment from me and I stood in for him in court." He also says he is waiting to hear back about the court date for contesting the court order. DeSoto assistant D.A. resigns, accused of being drunk in court WREG uncovered the original attempted murder charge against the defendant at the center of the case had been dismissed shortly after we began asking questions about the case, and two days after the order of contempt was filed. Barton says it's because the victim could not be located despite law enforcement's diligent efforts. He went on to say the dismissal will clear the way for ICE to deport him. This is the second time a Desoto County District Attorney has been charged with contempt of court this year. Back in June, Thomas Waller, 56, was arrested and booked into the Desoto County Jail after appearing “visibly intoxicated” in court, documents state. He resigned the next day. “This is a regrettable situation that does not reflect the high standards for performance that are expected of this office. And while I cannot comment on the physical, emotional, or mental health of a former employee, I do hope he receives the support he needs for his well-being during this difficult time," Barton said. Reports state that Waller had a strong odor of alcohol on his breath and made incoherent arguments to the court, interfering with the conduct of the court business. The court ordered him to spend 11 days in jail and pay a $100 fine.
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