Justice Delayed: Controversial Bay Building Official’s Circuit Court Appeal of DUI Postponed Again

Bay St Louis Building Official Charles Oliver Mugger
Bay St Louis Building Official Charles Oliver Mugger

Yesterday, Circuit Court Judge Chris Schmidt continued the DUI appeal of controversial Bay St Louis Building Inspector Charles Oliver until the June 2017 court term.  Oliver had previously pleaded no contest to the charge in County Justice Court, which came after he caused an accident with injury on Highway 90 in Bay St Louis during the 2015 Cruisin’ The Coast. Blood drawn pursuant to a warrant after the accident showed that Oliver’s blood alcohol content was in excess of 3 times over the legal limit.

According to a Seacoast Echo report dated May 24, 2016, Oliver was represented by attorney Damian Holcomb, who then shared a law office with then Bay St. Louis city attorney Donald Rafferty. Rafferty was replaced by the Bay City Council in August 2016.

The appeal was originally scheduled to be heard on Tuesday February 21, 2017 but was postponed until February 23 due to a scheduling conflict involving Rafferty, whose role in the case was not clear to spectators in attendance as he did not handle the case in his role as City Prosecutor. On Thursday the matter was then continued by Judge Schmidt to the June Circuit Court term.

Yesterday afternoon Slabbed New Media heard from several concerned citizens that were very unhappy with the fact that Oliver has yet to face justice 16 months after the incident with one observing:

Convenient for the Mayor. He won’t have that scandal to deal with during the campaign. Look like the boys from the Pass got together and helped out Hizzoner on this one.

Another invoked Mothers Against Drunk Driving stating:

Someone needs to contact MADD and SADD MIssissippi.

The anger comes into sharper focus in light of the fact that questions were raised in October 2015 that Oliver was receiving preferential treatment due to his close personal friendship with Mayor Fillingame.

My own take is that a four month continuance is not necessarily unusual due to the fact that Court convenes every other month and it is likely the April docket is already filled. That said I’m struggling to understand former City Attorney Rafferty’s role in a case he never prosecuted. Maybe someone that was there on Tuesday can clarify that in comments. Meantime Slabbed will continue to follow this case.

33 thoughts on “Justice Delayed: Controversial Bay Building Official’s Circuit Court Appeal of DUI Postponed Again”

  1. MOTHERS AGAINST DRUNK DRIVING HAS A SLOGAN:
    If you want to kill or hurt someone, do it with a car. The defense lawyers and judges know all the loop holes they can jump through.
    Years ago the members of MADD would show up at all of the trials of drunk drivers wearing their Buttons for identification so the no good lawyers and judges had to make their ” decisions” while looking at them in the audience in the courtroom!

  2. And this man is still driving city vehicles. Added cost of insurance? ?? If not the mayor’s BFF, who would still have a job.
    And no mention by the city council.

  3. It is a well known fact that Donald Rafferty has no sense of conflict and apparently neither does Judge Schmidt. It is a well know fact that Rafferty was a huge supporter just last election of Judge Schmidt. Rafferty personally brought Judge Schmidt to various organizations to introduce and promote his election. He brought him to The Slavonian Lodge in Biloxi and other places soliciting support for him. I cannot verify it but he probably donated handsomely to his campaign.

    If anyone hasn’t figured it out by now Rafferty has no sense of conflict of interest. Coincidentally a unaffiliated lawyer in Raffs office handled a case for a City Employee (Oliver) while Raff was a prosecutor.

    They are shameless! No doubt this will come up on Judge Schmidts re-election campaign if Raff doesn’t get his in a legal bind before then.

  4. Fact:
    I hear now Rafferty is representing the cop that supposedly choked the boy in the hospital & has also filed suit against the city.
    City Attorney !!
    Prosecutor for the city !!
    Represents same criminals in county court that he prosecuted in city court !!
    Plea Bargains sentences for city courts when prosecutor.
    Ethical????
    Scam !!!!!
    Also represents the mayor, his daughter who signed false affidavits , like daddy w/DOJ, against the pool guy & also lied under oath!!!
    Nothing!!
    Pool guy should have filed affidavits on her!!!
    And sued her ass!!!
    Rafferty must have some pretty good pictures on Judges , DA , AG , SOS , DOJ , Sherrif & Police Dept.
    Notice has has ties in these places!!!!
    Represents all the lying & crooked employees working in the city whom all to have ties to the mayor’s campaign!!!
    Votes Votes Votes
    He a piece of —- just the the mayor.

  5. Reminds me of when Scott Walker got a free pass in Ocean Springs. Bay St. Louis mayor has taken good care of his good friends and family. Using his back door connections to the so called legal system. I keep asking this question: why do the citizens of the Bay keep electing this thug? Seems like so many complain, come out to the pubic meetings and go online. But this Board and Mayor remain. Speaking of criminal actions of an incompetent board, the Marine Commission met and open a nonexistent oyster season for two more weeks. Gollott “fish the Gulf dry” is well earning his monicure. I am being told that these fishermen have taken everything and now are pillaging the artificial reefs under the direction of thug Gollott. This board has plans to thro the DMR under the proverbial bus to save his own gutless neck. Meanwhile Jamie “the spineless” Miller is nowhere to be found. The Cakeeater is back firing employees. Several on the second floor and rumors of a crackhead within the ivory tower itself. No names yet but hints that it’s someone under the authority of the Donut eater. Hey Doug can you check the Harrison County jail docket or maybe the city of Gulfport arrest docket for a DMR crackhead. This place is rife with sex offenders, rapers of the Gulfs resources, and friends that pay friends lavish back door contracts. Now rumors of crackheads.

      1. I remember Steve Seymour was a business partner of Scott Walker. Even Bay St. Louis has its seedy connections to the DMR. And the current “environmental” commissioner is from the Bay. Even though she is not a member of any environmental group. She claims the CCA is her cause. She don’t ever represent them. What she does represent is Seafoid Mafia out of Bayou Caddy. Remember Governor Bryan takes those bourbon Bayou cruises with the mafia in chief and therefore gets whoever he wants on this fake rape the resources commission. I would encourage the dedicated scientist to find other jobs as quickly as possible before the Mafia mobs decend on the DMR demanding blood because the resources are no more. Richard “fish the Gulf dry” should be removed from office because of his personal connections to the Seafood Mafia. But this thug will not be satisfied until there is nothing left. What the hell will Trapani serve in her Mafia restaurant then? Chinese shrimp? What a complete joke.

  6. Fact:
    What really gets my goat is the FBI & ATF investigators,

    Payroll Fraud :
    Who okay the time sheets??
    Who signed the time sheets??
    Who issued the checks??
    And who the hell signed the checks???
    Who was in charge of patrol??
    Anyone checks with dispatcher to see who checks in??

    Sale of guns:
    Who is in charge of confiscated material??
    Anyone ever does inventory??
    Guns involved in acts of crimes???

    All simple & easy to figure out.
    Not rocket science!!!!
    But yet 7 months later everyone is still sitting on their—

    Where’s the DA/ AG???
    Scared of the big bad wolf Rafferty???

    Total embarrassment to the state & the citizens of BSL.
    Wonder why Ms. ranks in the top for corruption??
    Because the the ones watching out & & suppose to protect the people from corruption are just as corrupt as this administration & other agencies!!

    Lost all respect for these agencies
    And you wonder why cops look the other way at times.
    Because these scum bags put them right back on the streets.

    You know they want do anything now that the election
    Is here.

    Pathetic
    Can’t even get the drunk in court that caused the accident He was 3-4 times over the amount.
    Also NO Insurance!!!
    People had to pay for their own vehicles to get fixed!!!
    Guess where he was drinking at??
    With all his lying Drink Buddies at the MAYORS House.

    Does anyone besides me believe this administration is corrupt??
    Call your representatives in Jackson, Washington & let’s put these scum bags out of office.
    Some might say vote him out.
    I agree , except he may have too many favors owed to him.
    Employees not qualified in big paying positions, who he chooses to enforce Ordinances & laws on.
    But I’m Hoping!!!!

    Sad BSL has sooo many blinded citizens.
    Auditors are not lying when they report all the findings!!!!
    It’s all black & white.

    Challenging our citizens to read the reports.
    Don’t stay Stupid!!!!
    & Blinded!!!
    And surely don’t believe his sugar coated BS!!!!
    Wake up!!!

    It use to be 2 then 3 & now all of the councilman sees the problem & it’s not the three stooges neither!!!!!!!
    That ought to tell you something!!!!
    Thanks

    1. Fact or Fiction wrote:

      “Sale of guns:
      Who is in charge of confiscated material??
      Anyone ever does inventory??
      Guns involved in acts of crimes???”

      I had heard something about guns being sold. If if a public official sold (or merely possessed) firearms that had been stolen, even if they didn’t do the stealing but knew they had been stolen by someone, there is a good chance the BATF (and the FBI) would interested in that. And arguably, any gun that you know you don’t own, whatever the source, when you sell it could constitute a “reasonable belief” that gun was stolen. A gun stolen-but-recovered-by-police is still “a stolen gun.” If a public official took such a gun from the police property room, it would be a federal offense merely to possess it. Selling it, or giving it to someone else, would be another offense. And if the recipient knew the source of the gun, they would most likely be guilty, too. The defense would be they thought the public official transferring the gun to them had the authority to do so, which could subject the public official to even more trouble if they did something to foster that belief. And the law applies to stolen ammo, too. Unless the gun (or ammo) in question was made in MS and never left the state, it is a federal offensive to receive, possess, sell, etc. a gun you “reasonably believe” to be stolen:

      “18 U.S. Code § 922 – Unlawful acts:

      (j) It shall be unlawful for any person to receive, possess, conceal, store, barter, sell, or dispose of any stolen firearm or stolen ammunition, or pledge or accept as security for a loan any stolen firearm or stolen ammunition, which is moving as, which is a part of, which constitutes, or which has been shipped or transported in, interstate or foreign commerce, either before or after it was stolen, knowing or having reasonable cause to believe that the firearm or ammunition was stolen.

      …”

      If you or anyone else knows of public officials possessing, storing, selling, trading, giving, etc. guns or ammo they acquired via questionable means, such as from the police property room or that were purchased with public funds, the BATF has a hotline to report just such things: 1-800-ATF-GUNS.

  7. Thanks Fact R Fiction…. The Rafferty and Schmidt Families have had close ties in Pass Christian from Birth.. Rafferty had personal conflict probably being King of the Pass Parade today and His Honor was a past King Also. All part of the King’s Club and stick together. Shame on Da Judge for associating himself with Rafferty and being a part of his scam of an attorney. Charlie was 3x over the limit, what else needs to be proven here?? Go to trial and get it over. Oh wait, elections are this summer and Les wants to make sure Charlie has a job until he is NOT re-elected to protect him and his pension. What a bunch of scum bags. Thought Da Judge was more honorable than that. He better decide what side he is on quick.. Sink or swim

    1. Raff has contaminated every judge he courts. Schmidt is just the lasts. He had City Judge Maggio and Elected Judge Carver in his pocket as well. DUI’s forget it! Raff doesn’t hunt or fish…..what do you suppose his method of coercion is?
      He represents thugs, thieves, pimps, prostitutes and pedophiles………

  8. Fact R Fiction,
    One more “little” question that may be significant:
    Who all attended Ms. DeNardo’s ” going away” party?!🍸From what I have been told, it’s not like the personnel you mentioned didn’t know she left!!!!!!!!!

    1. Wow
      With all the facts in black & white , can someone please tell me why nothing is happening with this.
      Again , DOJ FBI ATF AG DA , lost faith in the the system!!

      1. Nothing happened in Waveland either. To our credit, we took care of it at the polls. Let’s see what kind of public officials the voters in the Bay really want.
        We’ll know in 64 days!!!!

        1. Fact
          Sad thing is the people in the Bay want to blame the 3 stooges for all the problems.
          That may be true because they asked questions & demanded the truth.
          They are not the ones lying or hiding facts or trying to cover up.
          They are not the ones that approved payroll or signed checks.
          Or misspent DOJ funds & signed False Affidavits!!
          Now all 6 councilman Finally sees him as the con artist he is.
          Lucifer & his followers.
          What really saddens me is the fact that the people of our city accept LIES!!!!!!
          & not the facts!!!
          Most are church going folks.
          Amazing!!!!!
          People say if something was wrong than charges would be filed.
          I say the opposite, if they were innocent than it would be in every paper or tv in a 100 mile radius.
          I’d bet my last dollar more scandals or lawsuits will come out of the police dept.

  9. Mr. Fact,
    One of the only thing we, as taxpayers, have learned is that when the guns were allegedly sold BSLPD didn’t even have a designated Evidence Room ….

    1. Sad Sad Sad of this is true!!
      But room or not someone should be held accountable!!
      NO Accountability on the entire administration!!
      Birds of the same feather flock together!!
      So true with this administration!!!

  10. One thing leads to another?

    This retweet:

    Henry Rousso Retweeted
    Carl BildtVerified account‏@carlbildt Feb 20

    Last year there were app 50% more murders only in Orlando/Orange in Florida, where Trump spoke the other day, than in all of Sweden. Bad.
    1,165 replies 22,672 retweets 44,127 likes

    Was the immediate predecessor to this tweet:

    Henry Rousso
    ‏@Henry_Rousso

    Henry Rousso Retweeted Ruth Ben-Ghiat

    I confirm. I have been detained 10 hours at Houston Itl Airport about to be deported. The officer who arrested me was “inexperienced”

    Apparently it was finally realized that his papers were all in order…

    1. The irony is, enter Sweden and try to live there without going through the proper visa application and see what happens.

      The US remains as the only country in the world where illegal entries are not only tolerated, but also supported.

  11. Councilwoman McDonald is in two echo pictures today and can’t make the meetings. The mayor said she needs to have 8 full years for retirement and that she is entitled to it. BS. No other employees get that. He speaks about how enormous and tremendous she is with disregard for the taxpayer and the McDonald name. Pathetic at best.

    1. I did not know that the any city council were paid for their services. No wonder we can’t get any qualified people. These people should serve as an honor and civic duty…not be paid to be someone’s puppet.

      1. What’s more obscene Charlene is the Council members also get full, taxpayer funded health insurance benefits, which is the rumored reason one of the candidates for the Ward 5 Council seat is running for office.

    2. Windy Wendy is spotted all over town at the big events, restaurants etc….hell she is everywhere except the council chambers. she was seen reveling with the mayor yesterday at the parade in the city sponsored toast to the king and queen. Remember she is a queen to. Queen of Pirate Parade. She thought it was real. I’m not sure what her exact limitations are that she can’t serve the public for her pay check but it is not a physical problem. That only leaves one other problem??? Cant be that she had that before the accident.

  12. Also notice Les with a drink in every picture. He has been seen purchasing an enormous amount of alcohol lately. Is our mayor an alcoholic or just a drunk?

    1. I imagine he is under a fair amount of pressure these days.

      Qualifying end on Friday. It will be interesting to see which new names pop up for City office.

  13. Just read most disturbing news on FB, please tell me it is not true? Did wendy qualify to run again? Is she stupid or what? She has NOT attended one meeting in last how many months? But has time for social functions and dining out etc..
    Does she really think the McDonald name will help her again. That family better have a sit down with her and tell her facts of life and not embarrass the family more..
    I”m tired of paying her salary to sit home, and after 8 years she gets full retirement. I think the DOJ needs to look into this situation.

  14. Fact R Fiction You won the bet with that bottom dollar. Today an article in Sun Herald about Bay police dept. {Bay officers quit or fired amid federal probe of (secret) account}

  15. Les n Bobby Compretta said if it ain’t broke don’t fix it.

    The picture of Wendy backing up to her check is priceless!

    These two were the worst offenders of letting les run amuck! Bobby finally realized it is all above his head intellectual and is stepping down while Wendy is still working on an entitled retirement! 2 half wits make one wit.

  16. The slate of candidates is not too impressive in some districts, but I feel better than what we have.
    Any thoughts on candidate running against Reed? and other wards elections?
    If we can get Seal and Reed off we might have a better chance of recovery. And Mike F. as mayor then bye bye to all of Les’ cronies in offices they can’t get certified to administer or the daughter that gets paid for a full day and only works a partial day. What a Circus !! Maybe they can take over since Ringling Bros. are shutting down.

  17. Fact :
    Heard Rafferty will be back in a few months as new city attorney.
    Les back in along with Rafferty.

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