Dick

Williams

Geragos

HUNTINGTON -- Comedian Andy Dick will enter a pretrial diversion program that will clear him of criminal sex abuse charges arising from a 2010 incident at a Huntington nightclub.

Dick will enter a program that requires him to stay out of legal trouble for six months, according to Cabell County assistant prosecutor Corky Hammers. He is required to not use drugs or have no arrests in that time. If he fails to comply, Dick could be tried on felony charges for the incident in which he allegedly grabbed a bouncer's crotch and groped and kissed a man at the club.

"In terms of the criminal charges, we're pleased we were able to reach an agreement with the prosecutor to address these charges in a way that is in the best interest of not only the state, but also Andy Dick," said Marc Williams, one of Dick's attorneys in the case. "Andy has worked for the last year and a half very hard on his sobriety, and this agreement reflects the progress he has made in that regard. And it gives him an incentive to continue that work for the next six months."

Williams was the West Virginia counsel on the case along with celebrity Los Angeles attorney Mark Geragos.

"I got involved with the case by being called by Mark Geragos, who asked me to assist on the matter," Williams said. "I found Mr. Geragos to be everything I would expect from a high-profile lawyer who has handled some of the biggest cases in the country. He's a very skilled lawyer and very savvy in his approach to the cases, but at the same time, I did not find he had any preconceived notion of what justice would be like in a West Virginia courtroom.

"He was respectful of the lawyers involved, the judges we were before and the process involved. It was a pleasure to work with him on this case."

Williams said civil litigation related to the incident still is pending.

"As far as the civil claims, we will deal with those in due course now that we have addressed the criminal charges," he said.

On Jan. 23, 2010, Justin Hayes and Phillip Daniels were sexually abused at the hands of Dick, according to two civil complaints filed Jan. 11 in Cabell Circuit Court.

Hayes and Daniels claim they were both at Rum Runners Night Club in Huntington when Dick subjected them to sexual contact. They claim Dick's conduct was extremely outrageous and caused them intentional and negligent infliction of emotional distress.

Dick's actions were also common law battery, assault and an invasion of privacy on Hayes and Daniels, according to the civil suits. Daniels and Hayes claim they sustained a loss of ability to enjoy life because of Dick's conduct.

Daniels and Hayes are seeking compensatory and punitive damages with pre-judgment interest. They are being represented by Michael A. Woelfel.

The civil cases have been assigned to Circuit Judge David M. Pancake.

Cabell Circuit Court civil case numbers: 12-C-23, 12-C-24

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