Wilmington men thrown out of council meeting and arrested are awarded $300K settlement

Two men in Wilmington have been awarded almost $300,000 in a settlement after city officials threw them out of a city council meeting and had them arrested.

Darrell Petrey and Tony Thomas filed a federal lawsuit in August 2023 saying the City of Wilmington violated their right to protected free speech.

On Dec. 20, Petrey and Thomas settled with the city and were awarded $297,500.

Petrey and Thomas had sued the city, Police Chief Ronald Fithen and former Council President Mark McKay, who ran the meeting in April.

The suit also claims the two men were victims of “false arrest” and “malicious prosecution.”

Wilmington police charged Darrell Petrey and Tony Thomas with “disrupting a public meeting” on April 20. Police arrested Tony Thomas for “disrupting a public meeting” in April. The charge was dismissed.

The misdemeanor charges were dismissed in July, according to Clinton County court records.

“I’m 52 years old exercising my rights and I get arrested for it,” Thomas previously said. “That’s scary.”

Before the council meeting, Petrey and Thomas had publicly criticized public officials — particularly then-Mayor John Stanforth and the police department — for months on social media, group emails and public meetings, according to records.

But they weren’t arrested until the meeting in April, which was two weeks before an election, according to the lawsuit. Stanforth, who previously declined to comment on the arrests, lost the election.

Petrey and Thomas have accused Stanforth and other city officials of wasting taxpayer’s money and other issues.

They’ve repeatedly criticized the Wilmington Police Department’s investigation of Casey Pitzer’s death in 2013.

Pitzer’s body was found in a retention pond a week after she was reported missing, according to news reports. An autopsy determined Pitzer, 32, drowned, according to police records.

But Petrey, Thomas and Pitzer’s father — Greg Pitzer — believe she was killed. No one has been charged in her death.

Greg Pitzer sued the city, trying to force city officials to provide additional records. Last month, a judge ordered the City to release more records to Greg Pitzer.

During the council meeting on April 20, Petrey told Stanforth he had “aided in the whitewashing of two murders.”

Stanforth did not respond to Petrey’s comment.

Petrey and Thomas said their frustration with how the City handled the Pitzer case prompted them to share their concerns about other issues.

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