Nearly a year after the family of Georgia football player Devin Willock sued the University of Georgia Athletic Association and others seeking accountability for his tragic death in an early-morning SUV crash, the case remains at a standstill as the sides argue over a delay in the case.
In a court filing last week, an attorney representing the Willock family said he has evidence supporting his claim the athletic association arranged state Sen. Bill Cowsert (R-Athens) to represent defendant Jalen Carter in order to use Cowsert’s unique power as a state lawmaker to delay the lawsuit. State law allows attorney-lawmakers to delay court calendars so they can attend to their legislative business. The lawsuit, first filed in May of last year, has been stayed throughout the legislative session, which began in early January.
Terry Jackson filed the affidavit in-camera, meaning the contents of the sworn affidavit have been reviewed by a judge, but the document has not been made public out of fear the person who signed the sworn document will be retaliated against, according to Jackson. Little can be gleaned from the filing about the specific allegations other than the affidavit contains statements about the “arrangement” by a “close affiliate of Cowsert made to a third party,” court records show.
The filing is the latest effort by Willock’s attorney in a monthslong campaign to remove Cowsert from the case that began last fall, alleging his representation of Carter is a conflict of interest.
“The content of this Affidavit is an additional ground for Mr. Cowsert’s disqualification,” Jackson wrote in response filed in Gwinnett state court.
Jackson notes in the filing the stay is set to lift around the end of April, but said it could further be delayed due to Cowsert’s role as the head of a special legislative committee currently investigating whether Fulton District Attorney Fani Willis misused state money by engaging in a romantic relationship with Nathan Wade, who until last month was a lead prosecutor in Fulton’s sprawling RICO case against former president Donald Trump and his allies.
Cowsert told The Atlanta Journal-Constitution his duties as chairman on the Willis investigation will not delay the case, and he and UGA have both vigorously denied Jackson’s allegations.
Cowsert said he has not seen the affidavit. He added all of his legal fees have been paid by Carter and any claim UGA chose him to represent Carter is false.
“I have not seen the affidavit and find it extremely unusual for a plaintiff to conceal alleged evidence from opposing counsel,” Cowsert said.
Credit: Natrice Miller/AJC
Credit: Natrice Miller/AJC
The UGA athletic association did not respond to a request for comment. In a March filing, the association said Jackson’s allegations suggesting there’s a relationship between UGA and Cowsert were “baseless” and “potentially fabricated.” In the filing, the athletic association said Jackson refused to reveal the affidavit allegedly supporting his claims and asked the court to compel Jackson to produce the document and award attorneys fees for the work required to defend against the “frivolous claim.”
Carter is accused of negligently racing Georgia recruiting analyst Chandler LeCroy in the early morning hours of Jan. 15, 2023, just moments before the crash that killed LeCroy and Willock, a Georgia football player, who was a passenger in the SUV rented by the association. Carter was charged with racing and reckless driving in March and pleaded no contest. In previous filings, Cowsert has denied his client is liable.
The lawsuits, first filed in the summer of 2023, are brought by Willock’s family and former UGA football recruiting analyst Tory Bowles, who was also a passenger in the black Ford Expedition rented by the athletic association and driven by LeCroy.
Jackson first sought Cowsert’s disqualification in November, when he filed a brief asking the court to remove both Cowsert and his law partner, Michael Broun, who at the time was representing another defendant in the case. He argued it was a conflict of interest for two lawyer from the same firm to represent separate defendants. A month later, Cowsert filed a brief denying Jackson’s claims. Still, Broun withdrew from the case.
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