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Lowndes County Sheriff Christ West appeared before a judge in the Town of Hayneville Thursday, to make his plea on charges of harassment and obstructing government operations. He pleaded not guilty and requested the case be dismissed.

West’s attorney, Richard A. Rice of Birmingham, submitted the request for dismissal to presiding Judge Fred Bell, who, after hearing reasons for the request, decided the case will proceed to trial.

“[In the] interest of efficiency and respect for the offices that each one of these individuals hold, not just the Sheriff, but the commissioners, too,” Rice said. “This is a political spat, a disagreement that should be resolved through the political process and shouldn’t be put in front of… your honor today and taking up everyone’s time. It’s an abuse of power to be able to, and I can get into the legal arguments, but just to reflect… this is not a good representation of all of us, honestly, for us to be here on something like this.”

Bell declined the motion of dismissal, citing a lack of justification for dismissal.

“I don’t disagree with you that I wish it didn’t come to this, but I’m not here to decide on political issues,” Bell said. “I’m here to decide the bigger issues. It is the burden upon the city to prove beyond a reasonable doubt.”

Rice supported the dismissal request and said it did not appear that details of the case contain elements of a criminal charge.

“I think when you allow a political or personal disagreement to spill over into an abuse of process, essentially, you’re leveraging the criminal justice system to try to support political points,” Rice said. That puts the city in a bad position as well in terms of… potentially violating the Sheriff’s constitutional rights. And so today, we have an opportunity to just nip this in the bud today, as opposed to drawing it out… another month or two or three months. You said this is serious, but it is kind of laughable, too, that we’re all here today for something like this.”

Arguing to the Sheriff’s constitutional right to free speech, Rice told the court West acted to ensure investigators have a safe space to conduct their duties. He called the charges retaliation for speaking out against the commission’s decision in a matter directly impacting Sheriff’s investigators.

Bell confirmed his intent to proceed to a trial, giving both sides an opportunity to hear evidence. Rice outlined a plan for West’s defense which he said would include a motion for acquittal. Should Bell rule against acquittal, Rice is prepared to object and ultimately appeal with a request for a jury trial if necessary.

“I can still dismiss [the case] after I hear it,” Bell said. “I’ll dismiss [the case] if [the evidence] is not there.”

Attorney Michael Strickland, who usually prosecutes cases in Hayneville’s court, recused himself. No attorney was present to represent the prosecution. Present were the complainant, Commissioner Robert Harris, along with Commissioners Joseph Barganier, Joshua Simmons, Charlie King, Jr. and Dickson Farrior, who were all subpoenaed as witnesses. 

Before hearing testimony, Bell advises all parties that he felt able to hear the case and rule fairly even though he was well-known to the defendant and the plaintiff. Bell invited anyone with concerns about whether he should hear the case to come forward and request that he recuse himself. 

“I made it a point not to look at charges,” Bell said. “I’m mindful of the implications this case can have. I know [West] personally. [He knows] me personally. I don’t think there’s any animosity in him toward me. I know there’s not any in me toward him, and I say this only because I know the commissioners too.

“I can hear this case. [However], I’m going to take motions. If anybody feels that I need to excuse myself… I’m a big boy. It doesn’t hurt me. If you feel that I’m too close to either one of them, I’ll accommodate that.” 

Neither the defense nor the prosecution requested a different judge.

The trial will proceed Nov. 14 at 9 a.m. in the Hayneville Town Hall court room. A prosecutor for the case has not yet been selected.