Mediation talks continue in Tony Gary’s suit vs. city

Published 12:00 am Wednesday, December 3, 2003

Mediation talks continue between the City of Demopolis and former police officer Charles Anthony "Tony" Gary.

Demopolis Mayor Austin Caldwell could only say Tuesday that he had attended a mediation in federal court in Mobile. "We are not allowed to say anything other than that," the mayor said.

Keith Andress, Gary’s attorney, would not comment at all on the case Tuesday.

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The suit was prompted after Gary was terminated from the Demopolis Police Department after a flashlight beating on April 12, 2001, in which inmate Derrick Luther Cox sustained injuries.

Former Demopolis Police Charles Avery terminated Gary, and after a personnel hearing, the termination was unanimously upheld by the Demopolis City Council.

Gary’s attorneys have stated that racial bias played a role in his dismissal. They have previously stated that Gary was punished based on incoherant and contradictory information.

Gary was indicted by a Marengo County Grand Jury on Nov. 6, 2001, for assault II. He would be convicted on assault, third degree on Oct. 24, 2002 and sentenced to one year, suspended to one year supervised probation.

Cox is also suing the city for violation of his civil rights. Cox’s attorney has said the suit was intended to prove that the beating in 2001 "was not an isolated incident."

The Cox suit has not yet been settled, said Demopolis City Attorney Rick Manley Tuesday.