By Patsy R. Brumfield/NEMS Daily Journal
TUPELO – A civil lawsuit against Tupelo attorney Kirk Tharp moves ahead after a judge lifted a hold he put on it in November.
Attorneys for both sides agreed to an order lifting the stay during a hearing in Lee County on Friday.
Tharp was accused of attacking 18-year-old Kurtis Yarbrough at the Mooreville One Stop on Sept. 10.
In December, Lee County Justice Court Judge Sadie Holland ruled Tharp guilty of assault and fined him $290. Tharp insists he responded to verbal threats he heard coming from Yarbrough’s vehicle parked behind him at the gas pumps that morning.
Tharp reportedly plans to appeal that conviction.
Soon after the incident, Yarbrough’s attorney, Jamie Franks of Tupelo, filed a civil lawsuit against Tharp.
Special Circuit Judge Kenneth Coleman of Okolona, presiding over the civil lawsuit, put that case on hold last November until the criminal appeals played out, “even if it goes to the U.S. Supreme Court,” he told Franks.
Friday’s agreement removes that possibility of long-term delay.
Soon after the gas station incident, Yarbrough was arrested on a marijuana-possession charge, then a few weeks ago re-arrested on charges surrounding an alleged house burglary in rural Lee County. He’s been in jail on $20,000 bond ever since.