Public nuisance allegations dismissed against owners of Nexus
STAUNTON — A civil trial for the president of Nexus Services Inc. and his partner concerning a public nuisance allegation went by the wayside this week after a county prosecutor handling the case filed motions for dismissal.
In the Wednesday filings, Augusta County Assistant Commonwealth's Attorney William Sukovich said the public nuisance allegedly created by Mike Donovan and Richard Moore had abated.
"The charges were false," said attorney Amina Matheny-Willard, who represents Donovan and Moore. "This prosecution was malicious and the dismissal is way overdue."
The civil case came about in November after a special grand jury impaneled by a group of local citizens found that the owners of Nexus Services Inc. reportedly created a public nuisance by using amplification equipment during protests in front of the Augusta County Sheriff's Office.
However, the protests eventually stopped, resulting in the motions to dismiss.
On Friday, Donovan said he was pleased the charges were thrown out and thanked the prosecutor. "We have been asking for discovery in an attempt to prepare trial, and ultimately had to prepare without any discovery. The decision to dismiss the case is more consistent with the interests of justice than a trial by ambush," he said.
Donovan said he plans "to seek disclosure of the petition at issue and the identity of the petitioners," who he accused of violating his constitutional rights, and said he will pursue litigation for malicious prosecution.
During the summer of 2021, numerous protesters were charged with misdemeanors under Augusta County's noise ordinance. The charges came after complaints from neighbors and a nearby business, according to the sheriff's office. In September, a judge sided with the protesters and found all 16 defendants not guilty.
Earlier this week in Augusta County Circuit Court, Donovan and Moore were ordered to pay $1.1 million in a breach of contract lawsuit.
Brad Zinn is the cops, courts and breaking news reporter at The News Leader. Have a news tip? Or something that needs investigating? You can email reporter Brad Zinn (he/him) at bzinn@newsleader.com. You can also follow him on Twitter.
This article originally appeared on Staunton News Leader: Public nuisance allegations dismissed against owners of Nexus
