IN THE CHANCERY COURT OF THE FIRST JUDICIAL DISTRICT

OF HINDS COUNTY, MISSISSIPPI

TYRONE L. LEWIS PLAINTIFF

v. NO. G2015-927 T/1

SHEILA LEWIS, TONY DAVIS DEFENDANTS

KRISTIE NICHOLS and JOHN DOES 1-10

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TRANSCRIPT OF PROCEEDINGS HAD IN THIS CAUSE BEFORE THE

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HONORABLE JAMES D. BELL, SENIOR STATUS JUDGE

IN THE FIFTH CHANCERY COURT DISTRICT OF MISSISSIPPI

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ON THE 11TH DAY OF FEBRUARY 2019

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APPEARANCES:

REPRESENTING THE PLAINTIFF:

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DENNIS C. SWEET, III, ESQUIRE

DENNIS C. SWEET, IV, ESQUIRE
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SWEET & ASSOCIATES

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158 E. PASCAGOULA STREET

JACKSON, MISSISSIPPI 39201
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REPRESENTING THE DEFENDANT TONY DAVIS:

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RODNEY R. DIXON, ESQUIRE

3039 SUNCREST DRIVE
JACKSON, MISSISSIPPI 39212

REPRESENTING THE DEFENDANTS KRISTIE NICHOLS AND

TANGUE DAVIS:

WILLIAM C. BELL, ESQUIRE

POST OFFICE BOX 1876
RIDGELAND, MISSISSIPPI 39158-1876
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1 (EXCERPT OF BENCH OPINION RENDERED BY THE COURT)

2 THE COURT: All right. It is my duty to

3 make a ruling in this case and at least bring

4 this part of these proceedings to a close. I'm

5 going to dictate a decision.

6 This case, of course, began as a suit by

7 Tyrone Lewis against Sheila Lewis, Tangue Davis,

8 Tony Davis, Kristie Nichols, and John Does,

9 initially for a temporary restraining order on

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10 certain publication of allegations that were

11 said to be untrue and also for permanent

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12 injunction and damages.

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After a hearing, the Court granted -- which
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14 was unusual relief, granted a temporary
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15 restraining order requiring that the Defendants

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16 not continue to assert that Tyrone Lewis is the

17 father of Kristie Nichols and that Sheila Lewis

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18 successfully divorced Tyrone Lewis, which were

19 comments being publicly made at the time. Of

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20 course, that does not prevent them from

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21 asserting that in the courtroom and putting on

22 proof of those things, if that's the way the

23 proof came out.

24 But the evidence received was that an

25 allegation had been made years ago that Tyrone

26 Lewis was the father of Kristie Nichols. The

27 evidence was also received that a blood test was

28 done in that case, I believe in 1991, by Scales

29 Laboratories, and it was determined conclusively

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1 that Tyrone Lewis is not the father of Kristie

2 Nichols and that there was attached to the

3 result was a picture of Tyrone Lewis at Scales

4 Lab having his blood drawn, which was the common

5 procedure at the time to verify the identity of

6 the person taking the test.

7 A complaint has been made regularly that

8 Mr. Lewis did not go to the laboratory at the

9 same time as Ms. Davis or Kristie Nichols. And

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10 it is not uncommon for the purported father and

11 purported mother to not be present at the same

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12 time in order to reduce the potential of

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conflict between them; and, so, the laboratory
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14 takes a picture of the persons that they are
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15 drawing the sample from as proof that that is

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16 the person from whom the sample was taken. So

17 the Court entered an order in 1991, I believe,

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18 determining conclusively that Mr. Lewis is not

19 the father of Kristie Nichols.

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20 The issue came to court a second time some

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21 years later when Department of Human Services

22 sought to obtain child support from Mr. Lewis on

23 an allegation that he was the father of Kristie

24 Nichols. The Court in that case dismissed the

25 lawsuit because of the first lawsuit, the first

26 determination. So this Court has already said

27 in earlier hearings that this Court is bound by

28 the finality of judgment from which no appeals

29 were taken.
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1 An interesting motion was made to reopen

2 that issue and maybe even force another blood

3 test. That issue came up late in these

4 proceedings after the case had already come up

5 for trial on one occasion and been continued for

6 one reason or another, and the issue came up

7 again on an allegation that somebody else

8 stepped forward and took the test for Mr. Lewis

9 and that there was a purported recording from

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10 that person stating that, that he had been paid

11 to take the test for Mr. Lewis. So the Court

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12 let it be known that it would hear from that

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witness and then determine whether any further
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14 action should be taken.
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15 However, that witness was never produced,

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16 never came to testify, and this case has been

17 ongoing for a long time. The Court is not going

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18 to -- and the Court has already said it's not

19 going to reopen or consider reopening matters

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20 conclusively determined by the Court years gone

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21 by, based on hearsay statements that are not

22 subject to cross-examination, not subject to

23 testing, where the memory of the person can't be

24 tested, nothing about that could be tested.

25 Therefore, the Court did not require yet another

26 test to prove or disprove an issue already

27 conclusively determined.

28 The other issue that the Court already

29 ruled on was that there should not be further

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1 assertions that Sheila Lewis successfully

2 divorced Tyrone Lewis. It was conclusively

3 shown -- it was shown that the Court concluded

4 in their divorce that Sheila Lewis was at fault

5 and Tyrone Lewis was granted a divorce.

6 All right. That doesn't stop the Court's

7 inquiry or the necessity of proof on the issue

8 of whether there should be a permanent

9 injunction, whether there was, in fact,

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10 actionable defamation when we take into

11 consideration the First Amendment, Fourteenth

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12 Amendment issue, Freedom of Press, New York

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Times v. Sullivan , and its progeny, that the
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14 Court has to consider. The Court has been and
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15 recognizes that there ought to be uninhibited,

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16 robust, and wide-open debate involving public

17 officials; and, ordinarily, only deliberate

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18 distortions, facts made with malicious intent

19 can be the basis of a lawsuit and not some minor

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20 errors.
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21 An issue raised today about whether a

22 procedure was followed concerning an opportunity

23 to retract, the authority was not provided to

24 the Court concerning that. The Court deems that

25 issue to be waived since it was not raised at

26 any time until now, but the Court does note that

27 there were many -- that there's been opportunity

28 to retract for four years. And I do accept the

29 statement by Mr. Davis that the Court directed

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1 that he not continue to blog on certain issues,

2 but the Court certainly would have considered

3 any request for appropriate retraction.

4 The gravamen of the complaint is contained

5 in Exhibit 12, and I'm going to go through some

6 of those because I need to address whether there

7 has been actionable defamation.

8 In Exhibit 12, I read: "Tyrone Lewis is

9 having a live radio broadcast and is paying

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10 people to say how good Tyrone Lewis is and

11 Tyrone Lewis paid off preachers and endorsers to

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12 spread the lie of how good Tyrone Lewis is for

13 pedophiles.
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Oh, I mean Sheriff!"
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14 That appears on what's been shown to be the
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15 Tony Davis blog, a statement issued by Tony

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16 Davis, according to the blog, on August 3rd, and

17 that would have been 2015.

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18 So one of the issues -- before I

19 continue -- would be whether or not Tony Davis

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20 as a blogger is entitled to the same level of

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21 protection as the New York Times or other

22 standard recognized journalistic institutes or

23 whether he's just another individual posting his

24 opinions on line. Mr. Davis is entitled to the

25 protection of the First Amendment, Freedom of

26 Speech and Freedom of Press, as is any

27 individual, but not all speech is treated the

28 same and not all speech is protected.

29 And in examining Exhibit 12 and listening

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1 to the testimony of Mr. Davis, I don't find that

2 Mr. Davis uses any of the ordinary methods used

3 by journalists to vet or qualify the information

4 that's posted, and he didn't take the precaution

5 of stating, Sheila Lewis says or Sheila Lewis

6 alleges or it is asserted by. He just made his

7 own statements of fact. In any event, the claim

8 of paying off preachers and endorsers and

9 claiming that Mr. Lewis is a pedophile is

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10 slander, per se, or defamation, per se. In this

11 case, libel, per se.

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12 He repeats allegations by Sheila Lewis that

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Sheila Lewis abused her son and that she was
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14 granted a divorce from Mr. Lewis. If he had
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15 checked the record, he would have seen that

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16 Mr. Lewis was granted the divorce and that

17 Sheila Lewis was found to be abusive. He did

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18 not check the record, and he reposted her

19 comments at his peril.

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20 There's a post that says: "The next

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21 picture was just to much excitement for Tyrone

22 Lewis there he is showing his fancy telephone to

23 these 2 young boys but as usual Tyrone Lewis is

24 ignoring the little girls! I guess they were

25 the wrong gender!"

26 And then: "People please be very careful

27 allowing Tyrone Lewis free contact with your

28 small children!" Making allegations and

29 implications that it's dangerous to have your

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1 children around Mr. Lewis is just defamatory,

2 per se. He's speaking about Sheila Lewis' son,

3 Tyrone Lewis' stepson.

4 "This woman went through hell and back and

5 her son, Tyrone Lewis step son was violated in a

6 most sickening way and he thought he got away

7 with this but Sheila Lewis was strengthen

8 through pray and she is telling the truth about

9 what was done to her and her son. Sheila Lewis

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10 and her son are waiting on taking a polygraph

11 test, just like I will and all others that have

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12 made statement! Why won't Tyrone Lewis stand up

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like a man and take the Polygraph Test and the
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14 Paternity Test? Tyrone Lewis is sick people and
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15 he doesn't need to be sheriff he needs to be a

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16 inmate in a jail or a mental institution!"

17 In today's world, the Internet has exploded

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18 with people will post just anything, make any

19 allegations, and that doesn't make it right or

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20 protected speech just because you post any

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21 allegation. If someone says a defamatory lie

22 and you repeat their defamatory lie and publish

23 it, that's defamation. On the other hand, if

24 you attribute that to them, you might avoid the

25 claim of defamation. Most of this time it's not

26 attributed, you make it as your own statement.

27 You repost Ms. Sheila Lewis saying:

28 "Everything I say & everything Tony says is in

29 our divorce decree. The TOTAL TOPIC IS LETTING

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1 THE PUBLIC KNOW EVERYTHING MY SON & myself

2 experience."

3 Well, there was some potential

4 verification. That's a repost where she's

5 claiming that everything that she said and their

6 son Tony said is in the divorce decree, and

7 you've reposted that making it your statement.

8 And had you looked at the divorce decree, you

9 would see that nothing that she is saying is in

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10 that divorce decree, yet it's posted here that

11 it's all in the divorce decree. That is

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12 defamatory.

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"If you are a woman, if you are a mother,
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14 if you have a child I you child was being abused
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15 or your daughter was being beat what would you

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16 do? Tell me can you imagine the fear that these

17 people had lived through!!! Help me, Please get

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18 this out to everyone that you can because I am

19 so scared that Tyrone Lewis will continue his

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20 evil and harm more women and children. Please

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21 help me I can't do this all by myself!!!!!

22 Please share!!!!"

23 The testimony we've received today and

24 December 7 is that Mr. Lewis did not threaten or

25 intimidate anybody. There was a phone call

26 years ago before he was sheriff, and I don't

27 recall whether Ms. Nichols called him or he

28 called Ms. Nichols, but there was a telephone

29 conversation in which he told Ms. Nichols not to

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1 contact him or his family. If she did, if she

2 tried to come around, he would have her

3 arrested. That is not a threat or an

4 intimidation. It's simply any person's right to

5 say, stay away from me or my family. That's not

6 a threat. But in this blog it's been repeatedly

7 alleged that there were threats and

8 intimidation, multiple threats and intimidation

9 to multiple people, and that just wasn't true.

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10 That's defamatory, an allegation of abuse of

11 power by the sheriff.

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12 "Tyrone Lewis take a paternity test and

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prove to all of us that you are not the father!
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14 You were suppose to take one several years back
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15 but you didn't show up! Why?"

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16 Well, the public record was that he showed

17 up, that he took the test, and it was determined

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18 that he was not the father. That's a defamatory

19 statement, untrue, defamatory. I haven't gone

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20 to the question yet about whether it's

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21 actionable under all the circumstances.

22 "Tyrone Lewis do you realize how painful it

23 is for a child to hear her father tell her not

24 to call him or he would put her in jail." That

25 was established, that Kristie Nichols who

26 believed that he was the father had that

27 conversation. "And that she was to black to be

28 your daughter?" The testimony was that Tyrone

29 Lewis didn't say that to her, but the allegation

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1 is being made here that Tyrone Lewis made that

2 statement to Ms. Nichols.

3 "Tyrone Lewis what color do you think you

4 are? Tyrone Lewis is this why you now think

5 that you are better than being black? Below is

6 who Tyrone Lewis think he is now!!! Remember

7 this!!! Tyrone Lewis like anyone else your

8 color was decided by God and not man and God

9 does not make mistakes!!!!" That's a truthful

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10 statement. "I would suggest that you quit

11 trying to play the race game on our white

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12 voters! Tyrone Lewis you are now trying to use

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other races so you can get votes", and so forth.
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14 It is a shame, but it's just true, that in
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15 Mississippi, and in life, race matters. It

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16 shouldn't. God only made one race, the human

17 race, and we people make distinctions that God

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18 doesn't make. So whether this comment had any

19 impact or not, I don't know, but at least part

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20 of it was untrue.
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21 All right. Come to this next one.

22 Mr. Dixon asserts that the true test of malice

23 is not whether somebody in a defamation case,

24 First Amendment defamation case, is not whether

25 somebody was angry or had hatred but whether

26 they knew that a statement was untrue when it

27 was posted, and that Mr. Davis was relying upon

28 others who made statements and he had the right

29 to believe those statements. That's basically

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1 the oversimplification of at least some of the

2 defense. And he pointed out that there would

3 have to be evidence that lies were conjured up

4 or made up, but what I have received would be

5 evidence that Mr. Davis did have ill feeling

6 towards Mr. Tyrone Lewis that goes back years.

7 And what I'm reading in the blog shows a

8 great deal of acrimony by Mr. Davis towards

9 Mr. Lewis. And the testimony I received earlier

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10 from Tangue Davis and Kristie Nichols confirms

11 that Mr. Tony Davis was looking for whatever

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12 dirt he could get to post. During his testimony

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he even alleged without any basis, apparently,
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14 or proof or otherwise that even Mr. Lewis'
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15 mother was a criminal and had some significant

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16 criminal history, and that appeared to be just a

17 statement to try to harm Mr. Lewis with no

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18 basis.

19 Concerning the issue of conjured up and

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20 made up, the testimony was that Mr. Tony Davis

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21 suggested or told Tangue Davis and Kristie

22 Nichols that they should go to the FBI and other

23 places. And they did. And they walked in the

24 door and they got a visitor pass and sent to him

25 a copy of the visitor pass which he posted and

26 says:

27 "Well Tyrone Lewis looks like the FBI is

28 now getting involved in investigating you for

29 Statutory Rape when Kristie mother was only 14

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1 year old." That is the definition of conjured

2 up and made up. That is proof of conspiracy.

3 The FBI doesn't get involved in statutory rape

4 and didn't follow up. Kristie Nichols and

5 Tangue Davis said that they did not investigate

6 the case. They sent her on to state

7 authorities.

8 "Now Tyrone Lewis does this looks like

9 Kristie mother is just making something up on

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10 you? Now the FBI has the video of a man saying

11 you paid him some money to him to take a

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12 Paternity Test for you?" That's another untrue

13 statement.
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The FBI had no video. There was no
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14 video. There is a recording, which I've not
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15 listened to because it's hearsay and it's not

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16 been properly authenticated, not in evidence,

17 not subject to cross-examination; but there is

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18 an audio that it is purported says that, and

19 Mr. Davis says he simply erred.

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20 "You know I guess when people pass a

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21 polygraph test more than once then Tyrone Lewis

22 do you think Law enforcement agencies might

23 believe that the person is telling the truth?"

24 Now that's an assertion, implication that there

25 had been polygraph tests taken more than once

26 when that's just not true. Now he may say,

27 well, I said looks like the FBI is now getting

28 involved, and I guess when people pass a

29 polygraph test, this communication when taken in

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1 the context of all the communication in

2 Exhibit 12, if I just take it in the best light

3 towards Tony Davis, it was an effort to cast

4 Tyrone Lewis in a false light, that there was an

5 FBI investigation, and a false light that people

6 had passed polygraph tests about him against

7 him. So that exhibit is an intent to either

8 create a false light or just outright lie.

9 Well, creating a false light is an outright lie.

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10 "Take the Paternity Test Tyrone Lewis!!!!!

11 If Tyrone Lewis don't take the Paternity Test

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12 then don't support or vote for him until he

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does!!!!!! please share!!!!!" Well, he had
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14 already taken the test. He had already passed.
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15 It goes on to say: "These women lived through

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16 years of threats and fear for their lives and

17 the lives of their family member and children

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18 Why?"

19 The testimony has been that there were no

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20 threats other than that telephone conversation,

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21 which is not a legal threat. "The answer is

22 very simple Tyrone Lewis use his position as a

23 law enforcement officer to intimidate these

24 women and then he was wearing a gun and had

25 position of authority."

26 "And then he was wearing a gun", implying,

27 in a false light, that he was wearing a gun when

28 he threatened or intimidated. "And had position

29 of authority that he could manipulate officers

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1 under his command and implied that he could do

2 something to them if they told about the nasty

3 things he has done to them and his step-son!"

4 Yet there was no proof that he ever made any of

5 those alleged threats.

6 All of us believe in the First Amendment

7 and free and open debate, freedom of speech,

8 freedom of press, and we want to protect those

9 things, those rights. In order to have free and

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10 open debate, sometimes people will be wrong.

11 Sometimes wrong information will be published.

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12 Where there is evidence, not just wrong

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information but lies are conjured up and made up
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14 and that people work together in order to
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15 conjure up and make up lies, that's a definition

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16 of a conspiracy.

17 So I do find that the Plaintiff has met its

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18 burden of proof of proving to me beyond a

19 reasonable doubt, as I would call the high

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20 burden, to any time impose any limitation on

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21 speech or press, I think it ought to be a high

22 burden. But I find beyond a reasonable doubt

23 that repeated false statements were made and

24 that there was malicious intent, and I find that

25 there was damage.

26 Now it's been asserted that the proof on

27 damages is light, that there was not evidence

28 from experts or statements from Quinnipiac or

29 other polls or institutions that might try to

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1 measure the impact these statements had on an

2 election. There has been evidence that it had

3 impact on the election. I believe the Plaintiff

4 cannot be faulted for not spending many tens of

5 thousands of dollars in getting tests done and

6 getting expert testimony on cases in order to

7 support a case where the probability of

8 collection may be remote.

9 The proof is that in excess of $120,000 was

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10 spent on this election and that before the

11 election that Mr. Lewis had a 56 percent

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12 favorable rating and that he lost, and there was

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evidence that these false statements that were
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14 spread about him impacted a number of voters.
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15 It was pointed out that the sheriff had

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16 lots of other issues, ongoing public issues,

17 other investigations, other lawsuits, problems

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18 in the jail, problems in the courthouse,

19 problems around the county; and that would be

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20 true for every sheriff in every county and for

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21 every elected official, especially a sheriff in

22 a law enforcement issue because there always

23 will be issues and there always will be dispute

24 as to whether or not the issues -- the way a

25 sheriff handled the issues was the appropriate

26 way. There will always be differing opinions.

27 But it is a fact that there were other issues

28 that would and could affect some voters.

29 I find that the Plaintiff has met its

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1 burden of proof of showing that he suffered

2 injury and damage to his reputation as a result

3 of these false allegations, at least one of them

4 conjured up; that is, the FBI investigation. I

5 find that an appropriate damage is $50,000, all

6 things considered, in actual damages and

7 Mr. Tyrone Lewis will be awarded a judgment of

8 actual damages in the amount of $50,000 against

9 Sheila Lewis, Tangue Davis, Tony Davis, and

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10 Kristie Nichols.

11 In addition, I find that the egregious

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12 nature of the actions of Mr. Davis are such that

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punitive damages are warranted. I do not have
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14 information about what his net worth is,
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15 therefore, I will award what I believe in this

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16 circumstance to be a nominal amount of punitive

17 damages but an amount that will at least,

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18 hopefully, have some impact on persons who --

19 deterrents on persons who would have similar

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20 conduct, which is a consideration, and I am

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21 awarding punitive damages of one-tenth of the

22 actual damages in the amount of $5,000 against

23 Mr. Tony Davis only. I'm taking into

24 consideration that I do not have evidence of

25 what his net worth is, otherwise I would award a

26 much larger punitive damage award, but I'm also

27 taking into consideration the need to deter like

28 bad behavior in making that award.

29 Mr. Sweet, would you prepare a judgment?

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1 MR. SWEET: Yes, Your Honor.

2 THE COURT: We are adjourned.

3 * * * * * * * * *

4 (HEARING ADJOURNED)

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1 CERTIFICATE OF COURT REPORTER

3 STATE OF MISSISSIPPI
COUNTY OF HINDS:
4

5 I, Colleen O. White, Official Court Reporter for

6 the Fifth Chancery Court District of Mississippi, hereby

7 certify that I took by means of Stenograph machine the

8 proceedings had in Cause Number G2015-927 T/1 on the

9 Docket of the Chancery Court of the First Judicial

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10 District of Hinds County, Mississippi.

11 I further certify that I have transcribed my notes

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12 to the best of my skill and ability, and that the

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foregoing pages contain a full, true and correct
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14 transcript of said notes.
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15 I further certify that my Certificate annexed

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16 hereto applies only to the original and certified copies

17 of this transcript. The undersigned assumes no

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18 responsibility for the accuracy of any reproduced copies

19 not made under my direction or control.

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20 This, the 11th day of February, 2019.

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21

22 /s/ Colleen O. White

COLLEEN O. WHITE, RMR
23 CSR Number 1310

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