Judge allows former WPD officer's appeal to advance
By Dwayne Bremer
Mar 29, 2013, 16:29
A circuit court judge has refused to dismiss the appeal of a former Waveland police officer who was fired in 2009 for allegedly having sex on the job with another cop's girlfriend.
On Wednesday, Judge Roger Clark ruled that the case of Clay Necaise versus the city of Waveland should be allowed to go to trial. Waveland had been seeking to have the case dismissed because of procedural errors in the appeal.
Necaise, a long-time patrolman in Waveland, Bay St. Louis, and Hancock County, was fired in 2009 after allegations surfaced that he was having sex with a fellow cop's girlfriend while both men were on duty.
Necaise appealed the termination to the Waveland Civil Service Commission in June 2010 and the commission upheld the firing by a 3-2 vote.
The hearing was a wild affair, which saw testimony about Necaise's alleged sexual misconduct and dissension among the ranks at WPD.
Former Police Chief Jimmy Varnell testified that he fired Necaise on orders from former Mayor Tommy Longo after the allegations surfaced.
After losing the civil service commission hearing, Necaise filed an appeal in circuit court, seeking to have it overturned.
In subsequent court filings, Necaise claimed his firing was due to "manufactured evidence amid a conspiracy."
He also claimed that Varnell and others had a "vendetta" against him.
Necaise's attorney Ben Bowden said Thursday that he is confident that his client will prevail if the case goes to trial.
"There is not and there has never been any evidence presented against Mr. Necaise," Bowden said.
Since leaving WPD, Necaise has continued to live in the community, but now works offshore.
Bowden said Necaise is seeking to be reinstated at WPD with his rank as sergeant and to collect back pay. In his ruling Wednesday, Clark ordered both the city and Necaise to provide the court an agreed upon record within 20 days.
After the record is provided, a trial date will be set, Clark said.
Waveland City Attorney Gary Yarborough said Friday that the city did not wish to make a comment because the litigation is still pending.