KINGWOOD — Kingwood, the mayor and two former police officers have agreed to dismiss three of the six counts in a civil suit filed by the officers.
Former Officers Todd Nestor and Felix Thorn filed suit in April, after resigning without explanation from Kingwood Police. Council and the mayor have never commented publicly on the resignation, except through replies filed in the suit.
The city and mayor filed a motion in October, asking for the entire suit to be dismissed. An order signed in December by Preston Circuit Judge Steve Shaffer says both sides agreed to dismiss three counts of the suit.
Those are allegations that the whistleblower statute was violated, allegations of obstruction of an officer and allegations of violating statute by failing to provide a notice of hearing, rights regarding the investigation and/or a hearing.
That leaves three counts of the suit still to be resolved. Those are allegations of wrongful discharge, abusive process and defamation of character.
In the suit, the officers said they were forced to resign or be fired because they were investigating “high profile” people in Kingwood for drug-related incidents.
They said that Mayor Jean Guillot wanted Nestor to discuss his “investigative method.” That method was, “a fake Facebook alias created by Nestor to allegedly communicate incognito,” according to filings by the city.
The city and Guillot said “Nestor was questioned about this ‘investigative method,’ not due to a drug investigation, but rather due to an internal complaint from an 18-year-old city employee who was being messaged from the ‘investigative tool’ by Nestor as an alleged ‘joke’ that caused her to fear for her safety.”
No hearing date has been set on the lawsuit. Nestor and Thorn are seeking punitive damages, attorney fees, compensatory damages for mental and emotional anguish, lost income and benefits and any other relief the court deems proper.
