Malicious "Twinkie Toss" Prosecution Lawsuit Filed Against District Attorney

LAKE CHARLES, La. - May 19, 2016 - PRLog -- Calcasieu Parish District Attorney John DeRosier and District Attorney Investigator Bill Pousson have been named as defendants in a lawsuit for Malicious Prosecution.

Shannan James Suarez's Attorney said, "The suit contains evidence that DeRosier uses his power and the public funds to maliciously prosecute and retaliate against even the most ridiculous matters for his personal agenda."

Even after the District Court and Appellate Court dismissed charges against the plaintiff, DeRosier continued prosecution attempts all the way to the Louisiana Supreme Court, which were still denied.  In the lawsuit, a Sulphur man is seeking reimbursement of his legal bills, and compensation for humiliation, fear and distrust of the legal system.

DeRosier targeted the Plaintiff after his former girlfriend began dating the "family friend" of DeRosier. DeRosier charged the Plaintiff with Simple Battery, alleging the he threw a box of Twinkies in the direction of the "family friend," believed to be a campaign supporter.   The alleged incident occurred four years prior, after a since-fired and disgraced officer ignored the facts and arrested the Plaintiff.  His bond was set at $50,000 for the Twinkie toss. DeRosier also charged the Plaintiff with Stalking, but abandoned those charges before going to trial.

Despite the fact the Plaintiff was under legal representation, the suit alleges District Attorney investigator Bill Pousson, made contact with the Plaintiff to persuade him to plead guilty to criminal mischief, which could be expunged with a $25 fine. Pousson also began warning the Plaintiff against suing.  Since the suit was filed, the Plaintiff alleges that Pousson continued to pressure him to drop the suit. Pousson also made a threat to Plaintiff's Attorney Christian D. Chesson, saying he would provide a free ticket to a campaign fundraiser event to Chesson in order to "shoot" him while attending.   Pousson, who is employed by the District Attorney's Office, has also received $68,432.38 from DeRosier's personal campaign funds, allegedly for catering fundraisers.

The lawsuit also alleges that the District Attorney's Office falsely attempted to discredit the Plaintiff by stamping "sex offender" on the court records. Despite the slanderous stamp being clearly visible, DeRosier sworn in a signed affidavit, "that no employee of the District Attorney's Office stamped sex offender on the bill of information."

DeRosier's Attorney Glen R. Peterson, from Baton Rouge based law firm Hymel, Davis & Peterson, filed a request for the lawsuit to be dismissed. DeRosier's Attorney states that there are no, "claimed to be acts by the District Attorney's Office which would NOT be protected under the Absolute Immunity umbrella."  His filing further states, "even assuming for purposes of argument" the claims are, "as such, absolute immunity would protect the District Attorney's Office."  The matter is scheduled to be heard before the Honorable Judge Canaday in June, to determine if the lawsuit should be dismissed as requested by DeRosier.

http://www.lasc.org/news_releases/2014/2014-048.asp