Twin Falls County sues former sheriff's captain

Brent Hilliard, a former Twin Falls sheriff's captain who said he was wrongfully fired from the sheriff's office, is being sued for breach of contract after court records indicate he is trying to opt out of the settlement.

Meanwhile, Hilliard's attorney, Jeffrey J. Hepworth, came under fire after comments regarding witness compensation were made during the trial, and a check for $500 was given to an unsuspecting witness. long after the trial ended, according to court records.

Issues related to monetary compensation for the witness, who testified about an evaluation performed on Hilliard, are the reason a new trial was ordered by U.S. Magistrate Judge Candy Dale.

The witness stated during cross-examination that she was to be paid $40 for her testimony, and Hepworth mentioned this sum during her closing arguments, saying that the witness, appearing in court for $40, was not a “well-paid mercenary”.

Court records indicate, however, that the day after the trial, the witness received a $500 check from Hepworth.

When the attorney representing Twin Falls County, Pam Howland, discovered the discrepancy when Hepworth submitted her attorney fee bills, she filed a motion for a new trial.

Dale granted a new trial, but instead Hilliard settled with the county for $550,000, with Hilliard receiving $107,000 in cash, Hepworth $260,000 and the remaining money being placed in an annuity in which Hilliard would receive approximately $1,500 per month for 20 years. court records show.

The case appears far from over, as litigation continues over the settlement and Dale's decision to order a new trial.

Hilliard, in September 2023, filed a motion to vacate the settlement, and a motion to appeal was filed in February 2024.

Twin Falls County, in response, filed suit against Hilliard in March, claiming that he voluntarily agreed to the terms of the $550,000 settlement and that it was improper for him to continue to benefit from it while pleading l 'affair. The county is seeking compensation for damages and attorney's fees.

Howland, meanwhile, reported Hepworth to the Idaho Bar for alleged misconduct. No action has been taken against Hepworth, pending the outcome of Hilliard's appeal to the 9th Circuit Court regarding the order for a new trial, a representative for the Idaho Bar Association told the Times-News.

Hepworth denies any wrongdoing and said there was no agreement between him and the witness for additional compensation, and alleges the county and Howland committed fraud.

“The only fees paid to Sweet for November 9, 2021 were the $40 witness fee required by the Fed. R. Civ P 45(b)(1),” Hepworth argued in court filings. “The county knew Hilliard was following the rules.”

Hepworth argues a new trial should not have been ordered. The $664,000 judgment did not include attorney fees, which Hepworth told District Judge Ben Cluff during a May 20 hearing was about $1 million.

He said reasonable steps had been taken, as required by the rules of civil procedure, to “avoid imposing an undue burden or expense on the (witness)”, Hepworth told Cluff that expert witnesses received more of $100 per hour during the trial for their testimony.

The witness was unaware of the rules regarding compensation, Hepworth claims in court records, and was technically not her witness because she was testifying about a drug evaluation required by the county.

Hilliard had worked at the sheriff's office since 1996 and was promoted to captain in 2011.

In mid-April 2017, Hilliard told his supervisor that he was “struggling with depression related to troubling events he had witnessed during his career” and that he needed to see a doctor, according to the court records. Hilliard then received medical treatment from a licensed therapist.

Hilliard's depression was also compounded by a back injury he suffered earlier that year, records show. He underwent surgery in May 2017 and was unable to work for a month.

He was released by his doctors the following month and placed on light administrative duties while he continued his recovery. Hilliard took painkillers prescribed by his doctor, according to court records.

On July 10, 2017, according to the suit, Sheriff's Office employees, including Sheriff Tom Carter, met with Hilliard to discuss his use of painkillers amid reports that Hilliard appeared to be under the influence at work; Hilliard told them he took oxycodone outside of work and Tramadol before going to work in the morning.

Carter then told Hilliard to “go home and stay off work until he was off his pain medication,” according to court records.

A week later, Hilliard told a supervisor that he was “no longer taking any pain medication and was ready to return to work,” but in another meeting, Hilliard was informed that he was being placed on “administrative leave.” unofficial” and that he was required to undergo a “fitness for duty” evaluation, records show.

After the July 27, 2017 evaluation, Dr. Ronald B. Tye verbally indicated that his first impression was that Hilliard could return to work.

But before Tye released his final report, Deputy Chief Don Newman communicated privately with Tye, the suit says.

“Hilliard alleges that Newman's statements to Dr. Tye 'falsely accused' him of having a history of substance abuse and inappropriately interfered with Dr. Tye's evaluation,” the records state.

Tye released his report on August 3, 2017, declaring Hilliard “unfit for duty” and recommending treatment – which Hilliard followed – that would allow him to return to work.

Hilliard told the court that Carter called him the day before his second evaluation was scheduled. Carter told Hilliard he wouldn't get a job with the sheriff's office if he didn't pass the assessment, he said.

A second evaluation was conducted on August 28, 2017. According to Hilliard, Tye again indicated that he was leaning towards Hilliard being fit for duty. But Tye's final report, dated September 7, 2017, did not determine Hilliard's fitness for duty.

Newman sent Hilliard a text message saying Tye's report had been received and was being sent to the county law department. Hilliard interpreted the text to mean that his employment would end.

Later that day, “Hilliard consumed alcohol, drove to a remote location and contemplated suicide,” according to court records. But he reconsidered his decision and was about to return home when he was arrested for driving under the influence.

He was suspended from his position with the sheriff's office shortly after his arrest and his employment was terminated on September 28, 2017.

Hilliard suffered damages, including “lost wages, loss of benefits and retirement, attorney's fees, expert's fees, court costs, serious emotional distress, and other damages not economic,” says his initial complaint.