WAVERLY, Ohio —– The Pike County sheriff and two of his deputies have responded to a federal lawsuit lodged by former Editor-in-Chief of the Scioto Valley Guardian and congressional candidate, Derek Myers. The federal civil rights lawsuit alleges that the sheriff’s office violated Myers’ freedom of speech and the press when he was arrested for his reporting on the Wagner murder trial.
Derek Myers, the Scioto Valley Guardian, and the Guardian’s parent company, News Patrol, Inc., filed suit in December in U.S. District Court for the Southern District of Ohio.
The lawsuit stems from Myers’ arrest in 2022 during the trial of confessed mass murderer Jake Wagner. During the trial, former judge Randy Deering issued a judicial order allowing any witness who did not wish to be photographed or have their testimony recorded to do so.
On October 28, 2022, the Scioto Valley Guardian published a recording of portions of Jake Wagner’s testimony as he described how he, his father, and brother committed one of the most heinous crimes in Ohio history.
The recording, according to Myers, was provided by an anonymous source who, the former Editor-in-Chief said, was permitted by the judge to “have their cell phone in the courtroom.” Following the publication of the testimony, Pike County Sheriff Tracy Evans requested an arrest warrant for Myers and a search warrant for his computer. Myers was subsequently charged with felony wiretapping.
On November 1, 2022, Myers was released from custody. Upon returning to the courthouse, Myers learned that his laptop had been seized from the media room of the courthouse. At the same time, a deputy confiscated his cell phone.
Several pro-journalistic and First Amendment organizations rallied behind Myers, citing journalistic immunity. In December of 2022, the Society of Professional Journalists wrote a scathing article condemning the actions of the Pike County Sheriff’s Office, saying, “The Society of Professional Journalists strongly condemns the arrest of Scioto Valley Guardian Editor-in-Chief Derek Myers and the seizure of his equipment. SPJ is disappointed in officials in Pike County, Ohio, for their disregard for press freedom and violation of not only the First Amendment but state and federal law.”
Myers and other organizations cite Ohio’s Shield Law that protects journalists. According to the Ohio Revised Code, section 2739.04, “No person engaged in the work of, or connected with, or employed by any noncommercial educational or commercial radio broadcasting station, or any noncommercial educational or commercial television broadcasting station, or network of such stations, for the purpose of gathering, procuring, compiling, editing, disseminating, publishing, or broadcasting news shall be required to disclose the source of any information procured or obtained by such person in the course of his employment, in any legal proceeding, trial, or investigation before any court, grand jury, petit jury, or any officer thereof, before the presiding officer of any tribunal, or his agent, or before any commission, department, division, or bureau of this state, or before any county or municipal body, officer, or committee thereof.”
In August of 2023, charges against Myers were dismissed as a grand jury failed to indict.
The Pike County Sheriff’s Office denies any allegations made by Myers and asserts that they acted within the scope of the law. Derek Myers, the Scioto Valley Guardian, and their parent company, News Patrol Inc., seek an undisclosed dollar amount of punitive damages.
