This week, former Reagor Dykes Chief Financial Officer Shane Smith filed a motion to change the venue of an ongoing lawsuit.
In September, First Bank and Trust filed a lawsuit against FirstCapital Bank and a list of people including Smith, Bart Reagor, and Rick Dykes.
The lawsuit by FB&T accused FirstCapital of profiting from check kiting by conducted by the Reagor Dykes Companies. A list of Reagor Dykes companies filed for bankruptcy on August 1.
An attorney for Smith filed a document in his defense in October that claimed, among other things, FB&T “ratified the actions of Smith.”
The more recent document is critical of the local news media along with social media. It said Lubbock area residents have already likely formed an opinion of this lawsuit and other related lawsuits.
The document also said, “Smith and, upon information and belief, other defendants, including [Reagor Auto Mall] and its officers, have been, or are likely to become, involved in criminal investigations arising from the alleged events made the basis of this suit.”
It said, “Trial of this lawsuit in the Lubbock Division would deprive Smith of his inherent right to an impartial jury.” The right to a fair trial applies to both criminal cases and lawsuits.
“Although Smith has great faith in the Lubbock community to uphold its civic duties, the improbability of securing a jury panel that has not been prejudiced or impacted, directly or indirectly, by the alleged actions of Reagor Dykes Auto Group, puts Smith’s Constitutional rights in jeopardy.”
Specifically, Smith requested that lawsuit be transferred on a change of venue to Dallas.
While Smith, according to his most recent court filing, anticipates criminal investigations, no such charges have been filed publicly at this time.
UPDATE: Smith also requested that the lawsuit be put on hold while criminal charges are possible. Smith provided no proof of an indictment or ongoing criminal investigation.