Wilder decries Hicks’ role in suit

By Will Jones

Published: December 24, 2008

Richmond Mayor L. Douglas Wilder blasted attorney David M. Hicks yesterday, saying Hicks sought $2 million to settle a lawsuit against the city while also leading the transition of Mayor-elect Dwight Clinton Jones.

"I think the mayor-elect should be aware that if these are the people that are going to be running his transition team, attempting at the same time to position themselves for profit, it does not send a good message," Wilder said in an interview.

Hicks, an attorney with the firm Hicks Tymas, said he is not authorized to discuss any case or potential settlement but added that he has never represented himself as anything other than an attorney while representing a client.

"I had no meeting with the mayor," said Hicks, a former Richmond commonwealth's attorney who has been critical of Wilder. "Anybody that wants to talk about a meeting that they weren't in, that's their prerogative."

Jones, who will take office Jan. 1, referred questions to Hicks.

Wilder's office released an e-mail in which Senior Assistant City Attorney Beverly Burton describes a meeting held Friday between Hicks and attorneys for the city. The meeting concerned possible resolution of a lawsuit stemming from the shooting death of Billy Thigpen III by a city police officer in January 2006.

The case, filed in Richmond Circuit Court, was brought by Thigpen's wife, Christie Thigpen. It accuses the officer, Everett Woolums, of negligence and seeks more than $20 million.

Commonwealth's Attorney Michael N. Herring reviewed the case in 2006 and declined to bring charges against Woolums, noting that forensic evidence corroborated the officer's account that Thigpen had grabbed his gun during a struggle that followed a car chase and foot pursuit.

In her e-mail to senior city officials, Burton said the meeting with Hicks produced a settlement demand for $2 million, which she and another attorney recommended be rejected.

Wilder said he's bothered by the timing, given that the Thigpen case was filed in January but not served until this month -- after Jones was elected and Hicks was named chairman of the mayor-elect's transition team.

"It boggles my mind as to how you feel that all of sudden [the case is] worth $2 million," Wilder said. "Because you're now part of the transition team?

"It's not right," he added. "It's not anything I can believe the taxpayers of the city of Richmond are going to want in their government."

Victoria Pearson, general counsel for the Richmond Police Department, confirmed that she was in the meeting with Hicks and said she cannot recall him representing himself as part of the Jones transition team because she was already aware of his role with the incoming administration.

Pearson, who also is serving on a public-safety committee for the mayor-elect, said the Thigpen case has been delayed for much of the year pending resolution of a related case in federal court.

Wilder, whose term will end Dec. 31, said he would be surprised if Jones knew anything about the settlement offer. He said lawsuits against the city can be settled with approval of the mayor and chief administrative officer in consultation with the city attorney.

In an e-mail response to Burton, Acting Chief Administrative Officer Christopher Beschler recommended letting the Thigpen case go to trial, but Wilder said that decision could be up to Jones.

"A new administration could very easily say, settle it for $2 million or $3 [million] . . . if facts change, I guess," Wilder said, laughing.
Contact Will Jones at (804) 649-6911 or .