Fourth Scoufos, Sallisaw attorney, is representing Jimmy Don "J.D." Risley of Vian in the intention-to-sue claim against the town that is asking for $125,000 in damages, according to a notice that Scoufos sent to the town last week.
The Vian mayor is out of the Sequoyah County Jail in Sallisaw on a $10,000 bond after a warrant was issued for his arrest May 21 for the assault and battery with a dangerous weapon charge, according to court records.
Lewis, 50, could face up to 10 years in prison or one year in the county jail if he is convicted of the felony charge, according to the charges.
The charge stems from an incident in January when Vian police were dispatched to Lewis' machine shop because Risley told police he had been beaten by Lewis.
Risley told police that he went to the shop because he wanted permission to dump tree limbs on a piece of property owned by the town. Lewis told Risley he no longer was allowed to use the land because it had been leased by Vian Schools, according to the affidavit.
According to court records, both men allegedly became angry and started cursing and shoving each other. Lewis allegedly picked up a chuck key and hit Risley several times on the head. The charges allege Risley had five large lacerations above his eye, on his lip, and on the back of his head that required stitches.
Risley was "severely injured and hospitalized when on about Jan. 8, he was viciously and brutally attacked and beaten" by Lewis, who was at that time and is currently the mayor of the Town of Vian, according to Risley's intent to sue.
"Mayor Jim Lewis was then and there armed with a wrench or other similar metal object, which he used to repeatedly strike the claimant about the head and face," the notice said.
Risley is alleging that the attack occurred without provocation and took place while Lewis was acting in his official capacity as mayor. As a result, Risley is alleging he suffered "excruciating pain, severe emotional distress, embarrassment, loss of enjoyment of life and economic damages for which he should be fairly and adequately compensated."
The intended claim states that this is not the first time Lewis has physically attacked and beaten someone while acting in his official capacity as mayor.
"The Town of Vian as a governmental entity knew or should have known that Lewis is prone to lashing out and physically attacking and beating people, yet the town has retained Lewis as mayor and has taken no steps to prevent him from exercising such abusive behavior," the claim states.
"The town of Vian is negligent in allowing Lewis to continue to serve as mayor and in failing to take reasonable steps to prevent this attack from happening."
"I don't have any comment about it," Nancy Martin, the town's attorney, said Thursday.
Lewis also would not comment on the intended suit.
