Elba hush-money case could see a change in venue | WDHN

ELBA, Ala. (WDHN) — After one month of a hush-money case being in litigation involving Austin’s client, Timothy Williams, and a large state employer, Ben E Keith, Austin says attorneys representing the company filed a notice of removal three weeks ago.

An Elba man has been begging for something to be done about his flooding-prone community, but he claims that a food service distributor he works for is trying to pay for his silence.

Now, he is suing the company, but there’s a growing conflict over where the trial should occur.

He says this will allow the case to move from a state court and out of Coffee County to a federal court in Montgomery.

This comes after Williams and his attorney filed a complaint last month against Ben E. Keith in New Brockton — claiming they abruptly ended his cleaning contract after working for them for three years just one week after he refused and returned $300,000 that was wired into his account in efforts to silence him for advocating for his historically black community right down the road that’s been flooding for six years blaming the state.

Austin says they have elements of evidence that speak to the termination of the contract not being a business decision

“That picture that it paints in a reasonable person’s mind is why would you give him 300 thousand dollars and fire him after returning it, and those are questions that should be presented to a jury.”

However, he believes the venue of where the case plays a factor in a juror deciding

“The proper venue is to be heard in Coffee County because the citizens will know about the flooding situation or other nuisances that citizens in other counties may not know, appreciate, or even care about. But either way, we should get this before a jury and let them decide.”

“I believe my client has a strong case no matter if we’re in state or federal, and I believe my client will and should have his day in court to prove those allegations.”

Austin says a trial for this case could take months or possibly years.