By GINA KINSLOW
An employee of the city of Cave City has filed a counterclaim against a Cave City councilman and his wife.
John Roger Scott, who works in the city’s maintenance department, filed a counter suit against Councilman Todd Esters and his wife Zoeda Deskins on Aug. 18.
In his counterclaim, Scott admits to being involved in an incident that occurred on Oct. 31, 2007, and said he accepted criminal responsibility only for a portion of the conduct described in the first count of the complaint and has made appropriate restitution.
Esters and Deskins allege that Scott, who is also a captain with the Cave City Volunteer Fire Department, along with firefighters Capt. Michael Bale, Jason Logsdon, Dustin Neal and Bruce Neville committed “deliberate acts of tortuous conduct” at their home at 203 Whitney Woods Drive on Oct. 31, 2007.
According to the original complaint, Scott is accused of borrowing a paintball gun from Cave City Police Capt. Danny Coomer per Neville.
Then, according to their arrest warrants, Scott drove the other four men in a city-owned vehicle to Esters’ and Deskins’ home.
Upon arrival, Bale, a passenger in the front seat of the vehicle, shot toward Esters’ and Deskins’ vehicles striking a 1999 Cadillac Escalade in the driver side door causing $304 in damage.
Scott denies having anything to do with “other conduct” described in the count and said he did not accept criminal responsibility for those allegations.
The counter suit also states the “defendant has insufficient information on which to base an answer as it relates to the allegations of emotional damage and property damage ... (and) such allegations regarding the damages are denied.”
Scott also denies all other allegations made by Esters and Deskins, and claims Esters “engaged in intentional conduct to harass, annoy and otherwise cause emotional distress” to him from April 2007 to August 2007 on two dozen occasions.
His counterclaim states that “Esters would come to the maintenance shop where Scott was working, with no business to conduct whatsoever and stalk, stare and otherwise intimidate John Roger Scott. Esters would also drive by and stalk the residence of John Roger Scott.”
Scott claims because of Esters’ behavior he has suffered emotional damage, and that he is entitled to monetary damages as a result of Esters’ conduct.
Scott referred all questions regarding the counterclaim to his attorney, Ken Garrett.
“The basis of the counterclaim is Mr. Esters’ highly inappropriate pattern of malicious conduct towards Mr. Scott. Esters alleges he is a victim in this case, but the proof will show otherwise,” Garrett said.
In addition to Scott’s counterclaim, city resident Tommy Crain and Neal filed answers to Esters’ and Deskins’ complaint.
In his answer to the lawsuit, Crain denies having participated in any incident that occurred on Oct. 31, 2007, but admits being connected with another incident that occurred Nov. 17, 2007 during which he, along with Lt. Terrill Riley, Brian Wilson and Jorelle Minor egged Esters’ cars.
Crain said he has accepted responsibility for a portion of the conduct described in Esters’ and Deskins’ lawsuit, but denies other allegations made against him in the complaint.
His answer to the lawsuit also states that he has “insufficient information on which to base an answer as it relates to the allegations of emotional damage and property damage,” and denies all other allegations made in the lawsuit.
Neal also filed an answer to Esters’ and Deskins’ lawsuit and in it he admitted he was involved in the Oct. 31, 2007, incident and that he has accepted criminal responsibility for a portion of the conduct described in the complaint.
Neal also said he has made appropriate restitution, but denies other allegations made in the lawsuit and said he has “insufficient information on which to base an answer as it relates to the allegations of emotional damage and property damage.”
Garrett also represents Neal and Crain. In regards to their answers to Esters’ lawsuit, Garrett said, “As to those two individuals, the answers we filed to the lawsuit speaks for themselves.”
