City council approves legal fee payments tied to 2021 Wilks case

The council authorized payments at their March 9 meeting of $100,000 each to Tallahassee-based attorney Nathan Prince, who represented Officer Brandon Hardaway, and Tallahassee-based attorney Stephen Webster, who represented Cpl. Evan Reynolds. William Johns was represented by a city-appointed attorney, Timothy Shaw, whose fees were paid directly by the city and are not part of the reimbursement request. The reimbursement for Shaw is unknown as of press time.

Reimbursements of up to $100,000 are required under Florida law, and funding was set aside in the city’s contingency budget.

“These expenses were anticipated by City staff and planned for over the last few years as the cases progressed toward a conclusion,” the agenda item states.

What Florida law requires

Under Section 111.065 of Florida Statutes, a government employer is required to provide or pay for legal representation for officers facing criminal charges arising from their official duties, provided the actions occurred within the course and scope of their duties, were not a material departure from written policies, and arose in circumstances such as self-defense or emergency response. If all three conditions are met and the case ends without a guilty plea or finding, the employer must reimburse reasonable attorney fees.

The city determined that all three conditions were satisfied for Hardaway and Reynolds. Although the attorneys’ total billings exceeded the $100,000-per-officer statutory cap, both Prince and Webster agreed to waive any additional fees beyond that amount, according to the agenda item.

Charges dismissed in August 2025

All three manslaughter charges were dismissed in August 2025 by First Judicial Circuit State Attorney Ginger Bowden Madden’s office, which cited new evidence that raised “serious questions” about the cause and manner of Wilks’ death. The office said the evidence, as it stood at the time of dismissal, was insufficient to prove beyond a reasonable doubt that the officers should be held criminally responsible.

“While the Grand Jury acted on the information before it, this decision reflects the evidence as it now stands,” Bowden Madden said in a news release at the time. “I offer my condolences to the Wilks family for their loss, recognizing the impact this tragedy has had on all parties involved.”

All three officers returned to duty following the dismissal. They were initially placed on administrative duty pending completion of an internal review by the Crestview Police Department.

Background: the 2021 incident

The charges stemmed from the death of 40-year-old Calvin Wilks Jr. on Oct. 15, 2021, the day after officers responded to a 911 call in the 300 block of Hospital Drive. A resident had reported hearing a disturbance and someone screaming “stop, please stop.”

When officers arrived, Wilks was initially cooperative but later became agitated and combative, according to police. After attempts to de-escalate, officers used a Taser to detain him.

Emergency medical crews were called to the scene, and Wilks became unresponsive before being transported to North Okaloosa Medical Center, where he died.

An autopsy conducted by the District One Medical Examiner’s Office found the cause of death was “cardiac dysrhythmia following physical exertion, prone restraint and deployment of electroshock neuromuscular incapacitation device.” The report indicates Wilks died of an irregular heartbeat after being tased.

The medical examiner also found cocaine, amphetamines, THC and ecstasy in Wilks’ system, which were noted as contributing factors.

An Okaloosa County grand jury indicted the three officers on manslaughter charges in June 2022 following a state investigation by the Florida Department of Law Enforcement.

Crestview Police Chief Stephen McCosker said at the time of the dismissal that “the court’s decision affirms our continued confidence in the department and the dedicated officers who serve our community with integrity and respect.”