Court records publicly available through Brevard County, Fla., show that County Sherriff Wayne Ivey was sued last week over “Wheel of Fugitive” videos posted on Facebook.
According to a compliant filed by David Austin Gay, the plaintiff is suing Ivey for defamation and is seeking compensation for damages in excess of $50,000.
“Wheel of Fugitive” videos have been posted on the Brevard County Sherriff’s Office page since at least 2016. They begin with a chant similar to the opening of the game show “Wheel of Fortune”, and feature Ivey spinning a wheel with photos of people who have warrants for arrest to select a “fugitive of the week.”
The most recent video was posted Jan. 24. A warning played in the videos alerts viewers that “the suspects may have since been arrested or their alleged charges otherwise resolved or dismissed.”
Per the complaint, Ivey allegedly included Gay in a “Wheel of Fugitive” video posted Jan. 26, 2021. This video can be found here.
On that day, Gay was in the Brevard County Jail, the complaint said. It also said that he was being held there for violating his probation “after being arrested for a second case that was ultimately dismissed.”
Gay had reported to probation three times after a November 2020 sentencing, including on Dec. 18, 2020, said the court documents. Two days later, he was allegedly arrested for a misdemeanor domestic battery case. An affidavit cited in the documents said that Gay committed domestic battery because he believed his father was in a physical altercation with his mother.
After posting bond, Gay allegedly contacted his probation officer and was told that there were no warrants for his arrest. By Dec. 23, Gay’s probation officer had filed a warrant for Gay’s arrest and by Jan. 25 2021, he was taken into custody, per court documents.
According to the complaint, Gay’s photo and name also appeared in “Wheel of Fugitive” videos posted Feb. 2 and Feb. 9, when he was still incarcerated.
Gay was lawfully released on Feb. 23 and allegedly found a new job afterwards. However, the complaint alleges that his new employer called Gay on his way to work and told him not to come in due to Gay’s photo and name appearing on “Wheel of Fugitive”.
A Feb. 23 video posted to Facebook also included Gay’s photo and name even though he had been released from jail, court documents said. Gay allegedly experienced emotional distress due to the situation, said the complaint. It called the conduct of the sheriff’s office “extreme and outrageous.”
A spokesman for the sheriff’s office on Monday didn’t respond to an email seeking comment about the lawsuit, according to the Associated Press.
“Everybody watches it. Even the fugitives watch it” to see who becomes “fugitive of the week,” Ivey said, according to a previous report by the outlet.
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