'Wheel of Fugitive' suit: Man wants to move case after judges with ties to sheriff recuse

A man suing Brevard County Sheriff Wayne Ivey over his false inclusion on the sheriff's controversial Wheel of Fugitive social media show has asked to move the suit outside of Brevard after two judges with political ties to Ivey recused themselves from the case.

An attorney for David Austin Gay requested the change of venue late last month, arguing her client was unlikely to get a fair trial due to media coverage of the case and concerns about Ivey's potential sway over judges and jurors.

In a March 27 court filing, posted last week to the Brevard Clerk of Courts' website, attorney Jessica Travis cited Ivey's popularity with residents and reporting from FLORIDA TODAY and other outlets on allegations that the sheriff tried to meddle in the 2022 elections, including a race for county court judge, and other efforts to influence county politics.

The lawsuit: Man falsely featured on 'Wheel of Fugitive' sues Sheriff Ivey for defamation

Sheriff's defense: Ivey can say whatever he wants, even if 'false or malicious,' lawyers say

More on 'Wheel of Fugitive': Florida sheriff who hosts 'Wheel of Fugitive' show features people who are not fugitives

Three candidates separately accused Ivey of trying to lure them out of their races last year with promises of political jobs or appointments, in an apparent effort to reduce competition for his endorsed candidates.

Among those making the claims was judge candidate Kimberly Musselman, who went on to win despite Ivey's vocal support for her opponent, attorney Renee Torpy.

"Plaintiff has a real fear that he will be unable to obtain a trial in front of a judge and jury that is unconnected with IVEY, that there may be an attempt by IVEY to use his position and popularity to influence the current lawsuit, and that Plaintiff will not be able to receive a fair trial due to the undue influence of publicity and IVEY's self-promotion efforts," Travis wrote in the March 27 filing.

The motion came after two judges with ties to the sheriff recused themselves from the case.

Circuit Judge Curt Jacobus stepped down from the case in February after Travis challenged his political connections to Ivey, which included the sheriff's past endorsements of Jacobus and his wife, Circuit Judge Katie Jacobus, prior contributions to Ivey's campaign for sheriff and joint fundraising appearances.

Another judge assigned to the case, Circuit Judge Scott Blaue, also disqualified himself in early March. Ivey had prominently endorsed Blaue for the seat, which he won last year after running opposed.

"Disqualification is not an admission of any actual bias or wrongdoing as recusal is proper upon any appearance of connection or potential impartiality to either party," Travis wrote in filing. "However, this is illustrative of the on-going problems of finding a judge that has not associated with Ivey."

Travis declined to comment for this story. Attorneys with the Winter Park law firm DeBevoise & Poulton, which is representing Ivey, also declined comment, citing the active litigation.

Gay was not a fugitive at the time he appeared in three episodes of the sheriff's Wheel of Fugitive social media show between January and February 2021. He filed a defamation suit against Ivey and the Brevard County Sheriff's Office in January after he said the appearances had cost him a job and damaged his reputation and mental health.

A 2021 FLORIDA TODAY investigation found Gay was one of 60 'fugitives' falsely featured on the wheel between February 2020 and February 2021 who were either in jail, already free or had no active arrest warrant at the time the episodes aired.

Ivey's attorneys moved in February to dismiss the case, arguing Florida case law grants the sheriff to the ability to say whatever he wants in the course of his law enforcement duties, even if the statements are "alleged to be false or malicious," according to the Feb. 14 motion.

Eric Rogers is a watchdog reporter for FLORIDA TODAY. Contact Rogers at 321-242-3717 or esrogers@floridatoday.com. Follow him on Twitter: @EricRogersFT.

This article originally appeared on Florida Today: 'Wheel of Fugitive' suit: Judges tied to Brevard Sheriff Ivey recuse