In a sparse ruling, Superior Court Judge Hoyt Tessener noted only that there was "no genuine issue of material fact" to be decided in the case, and granted requests from Wilmington Police Department Chief Donny Williams (along with former Assistant Chief David Oyler and the city itself), New Hanover County Sheriff Ed McMahon, and (now retired) District Attorney Ben David to dismiss their cases.
Other judges who had presided over hearings earlier in the case process — including Judge W. Allen Cobb, who returned from retirement to hear some key issues — seemed to indicate there were, at least potentially, grounds for a jury trial. But, during a hearing last month, Judge Tessener appeared less compelled by the plaintiff's case, which involved a host of systemic issues in local law enforcement.
Related: Wilmington crime lab lawsuit awaits key rulings from judge
The lawsuit dates back to 2019, after Bethany Pridgen MacGillivray (who goes by Pridgen), the former crime lab director, claimed she was denied employment after testifying under oath about concerns over missing drugs — an issue that neither law enforcement nor the District Attorney’s office made public at the time.
The crime lab was transferred to the New Hanover County Sheriff's Office, however, the publicly stated reason was a lack of consistent funding under the City of Wilmington's management.
Related: Lawsuit claims authorities downplayed Wilmington crime lab issues, kept quiet about missing drugs
Pridgen managed the crime lab for a decade, but following her testimony Pridgen alleges she was made out to be a pariah with local officials, including David, McMahon, and Williams. In particular, Pridgen's case alleges that David went out of his way to intervene in the hiring process by turning professional opinions against her — leading to her losing out on the lab director position under the Sheriff's Office's new management.
The case also hinged in part on broader allegations about the culture of the local law enforcement. Pridgen made several claims about pervasive gender bias, including lower pay for female employees and negative attitudes towards women at the Wilmington Police Department. The cases alleged these attitudes extended beyond WPD, claiming that Pridgen and another female candidate were passed over by the New Hanover County Sheriff's Office for positions at the crime lab in favor of less-qualified male candidates.
Now that the case has been dismissed, Pridgen’s lawyer, Luke Largess, tells WHQR they plan to appeal Judge Tessener’s decision.
"We will appeal the orders dismissing the cases. We are not going to litigate the case in the media but believe the court erred factually and legally in not letting this case go to trial and believe that we will succeed on the appeal. The process will likely take 12 to 18 months," Largess said in a written statement.
The North Carolina Court of Appeals is not a venue for a jury trial, but appellate judges could rule that the lower court — that is, Tessener — erred in not allowing the case to go to trial, and send it back to Superior Court to be heard in front of a jury. They could also uphold Tessener's decision.
The WPD, Sheriff's Office, and Ben David declined to comment. David previously called the case "feckless," saying it was without merit.
