Phillips files suit against former sheriff

July 13--An Albemarle lawyer and former candidate for district attorney filed a pair of lawsuits against the former sheriff and the sheriff's office.

Jim Phillips honored a threat in December of legal action when Stanly officials and counsel for the county's liability insurance carrier refused to meet his settlement demands. He sought more than $103,000 in legal fees for defending a 2012 contempt of court conviction that was later overturned.

Monday Phillips filed one suit listing himself as the plaintiff and another June 29 on behalf of client Ryan V. McLain, both against Rick Burris, former Stanly County sheriff, as well as Sheriff George T. Burris, since he currently serves as sheriff. The lawsuit applies to Rick Burris, both in his former professional capacity as well as individually.

Among other claims, Phillips is alleging damages to his reputation, business and compensation. He cites five claims against Rick Burris, including negligent misrepresentation, abuse of process, malicious prosecution, wrongful interference with contracts and intentional infliction of emotional distress.

Phillips is demanding in excess of $15,000 per multiple points, including reimbursement for loss of revenue, cost of the lawsuit and punitive damages. He seeks a jury trial.

Although the contempt of court issue involved other parties such as the District Attorney's Office, court personnel and the N.C. Attorney General's Office, Phillips targets Rick Burris as the root of the charge.

The lawsuit also cites the influence of Susan Honeycutt, a former District Court trial coordinator, accused of using her position to repeatedly get her son out of legal trouble. It also attributes political differences for legal biasness against Phillips.

Because of opposing political parties, Phillips alleges that in January 2012, Lisa Thacker, then chief District Court judge, demonstrated prejudice toward him. He stated Thacker asked him in open court if he was supporting her political opponent in the next election, which he affirmed.

The lawsuit alleges a series of events that led to an eroding relationship between Rick Burris and Phillips. But the lawsuit states Rick Burris demonstrated greater animosity toward Phillips' wife, Karmen Mock Phillips.

In the lawsuit, Jim Phillips alleges that after September 2011, Rick Burris and his staff subjected Jim Phillips, his wife and staff to prejudicial treatment whenever they entered the courthouse. That included searches not typically conducted with other legal personnel.

Court records state the ill treatment started after Jim Phillips referred a former Rick Burris employee to a lawyer about a claim of sexual harassment at the sheriff's office. That employee currently works for Jim Phillips.

Ron Burris, counsel for Rick Burris, issued a statement on the former sheriff's behalf.

"We appreciate you contacting us and we clearly find the demands to be without merit, but under the circumstances we prefer to wait and try this case in court," Ron Burris said.

Rick Burris' treatment of Jim Phillips later spilled over into a case, the suit states. McLain hired Jim Phillips to defend him against a series of charges, including domestic violence.

Records state McLain called 911 on June 6, 2012, after he found Daylan Honeycutt, boyfriend of his estranged wife, at the married couple's home and in the presence of their two small children.

The incident led to a physical altercation between McLain and Honeycutt with the estranged husband suffering injuries, including a broken nose, the suit states.

During the scuffle, McLain pulled a handgun.

In an audiotape of the 911 call Honeycutt can be heard telling McLain's wife to call his mother, Susan Honeycutt.

Phillips alleges Susan Honeycutt arrived on the scene and influenced deputies not to arrest her son. Instead, McLain was arrested on six charges. He further states Susan Honeycutt also orchestrated McLain's wife to report she was the victim of domestic violence.

McLain was taken to Stanly Regional Medical Center for treatment.

McLain attempted to counter with charges against Daylan Honeycutt, but was denied both by a magistrate and the sheriff's office, the lawsuit contends.

Through the alleged assistance of his mom, Daylan Honeycutt evaded criminal consequences of at least 13 Stanly County offenses with either dismissed or reduced charges. Two of those charges, assault inflicting serious injury and heroin trafficking, were dismissed after the McLain confrontation.

Allegations that Susan Honeycutt used her position to help her son evade prosecution prompted an investigation by the N.C. Department of Justice in October 2012.

A subsequent probe by the N.C. State Bureau of Investigation found no evidence she used her post to aid her son.

Susan Honeycutt took a leave of absence during the SBI probe. She left her employment Sept. 16, 2013, after nearly 16 years on the job, according to personnel records.

On June 27, 2012, a judge found McLain not guilty on four of six charges. Prosecutors dismissed the other two charges Jan. 7, 2013.

Records show McLain has no criminal convictions in Stanly County.

Efforts to retrieve McLain's cellphone that was kept as part of evidence in the case led to legal consequences for Phillips.

The suit contends Karmen Mock Phillips followed the advice of Kim Thompson, the sheriff's evidence custodian, as to how to retrieve McLain's cellphone.

Those efforts, however, backfired when Jim Phillips was summoned to Superior Court.

He characterized the court appearance as an "ambush."

However, when first in court to address the prosecution's alleged misconduct, the judge chastised Jim Phillips about his failure to adhere to state law regarding the cellphone retrieval while criminal charges are pending.

On Dec. 5, 2012, Superior Court Judge Theodore S. Royster found Jim Phillips guilty, ruling the defendant "violated his ethical duties."

Then on Nov. 5, 2013, the N.C. Court of Appeals overturned Royster's verdict, ruling the judge failed to apply the standard of "proof beyond a reasonable doubt" when reviewing the case.

After the appellate court's ruling, the N.C. Attorney General's Office intervened, and requested a review of the conviction by the N.C. Supreme Court. The state's highest court agreed to review the case.

Last December, the state Supreme Court unanimously upheld the appellate court's ruling.

While his case navigated through the judicial system, Jim Phillips stated he was forced to withdraw from cases.

In May 2014, Jim Phillips lost a bid to become Stanly County's district attorney in the GOP primary.

Stanly County's taxpayers are protected by a liability policy for the actions of law enforcement. The policy pays a maximum of $1 million for each wrongful act with a $2 million annual aggregate.

However, there is a $10,000 deductible for each wrongful act.

Jenny Furr, counsel for Stanly County, declined comment regarding the lawsuit.

To submit story ideas, contact Ritchie Starnes at (704) 982-2121 ext. 28 or email ritchie@stanlynews press.com.

Sandy Selvy-Mullis is publisher of The Stanly News & Press. Contact her at (704) 982-2121 ext. 27, [email protected] or PO Box 488, Albemarle, NC 28002.

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