FORT PIERCE – A jury of four men and two women now deliberates whether former Fort Pierce City Manager Nicholas Mimms is guilty of bid tampering and official misconduct, charges that could send him to prison for up to 20 years and $15,000 in fines.
Prosecutors and the defense wrapped their cases Wednesday and Judge Michael Linn gave jury instructions before two alternates were dismissed and the remaining six were sent to deliberate around 4 p.m.
By 5 p.m., jurors sent a message to Linn that they were ready to call it a day and return Thursday morning to continue their work.
In closing arguments Wednesday, the prosecution reviewed evidence it suggested demonstrated how Mimms pushed a proposal by Lincoln Park Young Professionals (LPYP), to develop two empty lots on Avenue D.
LPYP was headed by two city employees, one of whom is Mimms’ niece.
From having the city-owned property declared “surplus,” to providing proprietary information to LPYP that was not disclosed to the other bidder, prosecutors claimed Mimms “put his thumb on the scale to get (LPYP) to win.”
hey said LPYP leaders testified the Avenue D land had been their site choice to develop an education and business incubator in Lincoln Park before the bid proposal was even developed. Only LPYP knew that only temporary structures could be placed on the site because its long-term use was parking for an adjacent theatre.
The other bidder had proposed construction of permanent apartments and was not informed that structures would have to be temporary.
Brandon White, assistant state attorney, argued city staff “circled the wagons to protect the boss. You can’t fight city hall.”
In its closing argument, the defense likened the prosecution’s volume of exhibits to “cotton candy that gets fluffed up” and then disappears when it’s touched.
“They make it look like they have all the evidence so their case looks more substantial,” defense attorney Donnie Murrell Jr. told the jury. “We could have tried this case in two days. City hall was doing everything it could to help the citizens. They were not going to line their pockets.”
LPYP received $500,000-$600,000 in grants from the Catholic charity Allegany Franciscan Ministries. Prosecutors found a manager hired by AFM and an excavation contractor who managed to put up temporary fencing and do some drainage work at the site. But they reported only $200,000 of the grant was eventually returned to AFM.
“A large amount of money just vanished, not that anyone took it,” Murrell said.
He told the jury that the head of AFM testified she always questioned whether LPYP had the experience to successfully develop the project that AFM funded. But Murrell said Eileen Coogan testified she does not think her charity was “a victim.”
Murrell’s closing argument suggested other city hall personnel, like Purchasing Manager Gelencia Carter, might be better targets.
“Everybody here seems to do things incorrectly,” Murrell said. “It doesn’t mean they’re criminals. The whole purchasing system, from top to bottom, needs to be redone. Why is nobody sitting next to (Mimms)?”
Jonathan Bridges, chief assistant statewide prosecutor, suggested the millions pumped into Lincoln Park to combat poverty attracted corruption.
“Unfortunately, when people are giving out money, there will be bad actors who come along.”
Bridges declined to comment on whether the state will bring charges against any other people connected to the case.
The jury returns Thursday morning to continue deliberations.