A settlement was reached late Thursday afternoon in the cyberstalking suit filed in the 19th Judicial District Court by United Cajun Navy founder Todd Terrell against eight individuals from five states.
Terrell was seeking permanent protective orders against the individuals, whom he alleges repeatedly cyberstalked and harassed him, mostly through a “Cajun Navy Wiki Leaks” Facebook group created by defendant Tom Bever.
But after the prosecution’s cross-examination yesterday of defendant Melissa Harcus (who alleges Terrell did not fulfill various promises—including food and clothing—made to aid victims of Hurricane Michael last year), the attorneys representing both parties agreed to recess, eventually reappearing from Judge Tim Kelley’s chambers with an agreement.
Under its terms, the defendants agree to remove all comments about Terrell from the Cajun Navy Wiki Leaks page within the next two weeks. Both parties also agree to end all social media posts about one another, in addition to ceasing all contact.
Ultimately, permanent protective orders were granted to Terrell against five of the defendants, including Bever, Kip Coltrin, Jeremy James Ellis, Denise Marguerite Brunson and Gloria McCracken Godwin (who still must send the court a letter confirming her agreement, as she was unable to travel to Baton Rouge for the hearing). Meanwhile, civil injunctions will be granted against the other three—Harcus, Deborah Kay Asuncion and Alice Johnson.
The difference between the two: a PPO gets filed into a national registry, meaning if it’s violated in another state, that would not only be a violation of the order, but could also be considered a crime, depending on the other state’s laws. A civil injunction, on the other hand, means the individual isn’t entered into a national registry, with their violation of the injunction instead being treated as contempt of court.
Attorney Greg Akers of Akers & Melder, who represented Terrell in the suit, says the settlement is not only fair but represents “the best possible outcome for everyone,” adding it will allow his client to go back to helping people in the immediate aftermath of—or sometimes, during—a natural disaster.
“Whenever you go to court, you either get a verdict from the jury or a judgment by the judge, so you’re leaving the decision up to someone else,” Akers tells Daily Report. “When you have a settlement, both parties are agreeing to it, and it’s always better to end up with a result that the parties are agreeing to than something that’s put out by a third party.”
While there wasn’t a precedent-setting court rendering as previously anticipated, Akers says the suit still sheds light on potential freedom of speech limitations on social media platforms, especially regarding private citizens like Terrell.
Attorney Jarvis Antwine of Antwine Law Firm LLC, who represented all eight defendants, could not be reached for comment before this morning’s deadline.
