Lawyer gets 1-day suspended sentence in taxicab incident; civil rights suit by driver is ongoing
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A Louisiana lawyer and former radio show host was given a one-day suspended sentence and a day of inactive probation on Wednesday when she was sentenced in a misdemeanor case that began as a felony prosecution.
Although glad to have been convicted of criminal mischief rather than the felony false statements charge she had originally faced in the Orleans Parish Criminal District Court case, Jennifer Gaubert is considering an appeal, her lawyer, Buddy Spell, told the New Orleans Times-Picayune.
At issue is who mistreated whom during an April 2012 incident in a taxicab driven by Hervey Ferrell. The driver, who filmed part of the racy encounter on his cellphone, said he did so to protect himself by documenting Gaubert’s unwelcome advances. He also made a police complaint after she exited his cab. The attorney, who admittedly had been drinking before she entered the cab, contended in a complaint to New Orleans police a year later that Ferrell had used the unauthorized video to try to get money from her. She said at that time that Ferrell had sought money in exchange for giving her the video and dropping the simple battery complaint.
At first charged with extortion and video voyeurism and jailed, based on Gaubert’s complaint, Ferrell later saw the case against him dismissed when Gaubert was charged with making false statements concerning the April 2012 incident.
Gaubert was convicted last year of simple battery in municipal court concerning her conduct during the taxicab incident. It isn’t clear from current news reports how she was sentenced in that case.
Ferrell filed a civil rights suit against Gaubert and the city of New Orleans, alleging false arrest and imprisonment, which is still ongoing.
Related coverage:
ABAJournal.com: “Lawyer faces two criminal cases and civil rights suit over 2012 taxicab incident”
New Orleans Advocate: “In latest twist, woman convicted 2nd time in case stemming from drunken taxi encounter”
New Orleans Advocate: “Woman accused of filing bogus police report about cabbie avoids jail time”
