The Mississippi Department of Public Safety refused to provide a copy of a report on the death of Gaming Commission Special Agent John Gorman. JJ submitted a public records request for a copy of the report that was compiled by the Mississippi Bureau of Investigations. DPS Spokesman Warren Strain replied in an email last Friday:
The statute cited states:Due to on-going litigation in state and federal courts and in accordance with Miss. Code Ann. 25-1-102, the report on the death of Mississippi Gaming Commission Special Agent Gorman is exempt from the Mississippi Public Records Act. If you have any questions, please let me know.
Mr. Gorman was a Gaming Commission Special Agent who was killed two years ago yesterday when an instructor shot him in the chest during a training exercise. No one has been charged in the death. Instructor Robert Sharp claimed he thought his Glock was unloaded when he fired the weapon in an exercise that was supposed to only use "dummy" weapons.
Records in the possession of a public body, as defined by paragraph (a) of Section 25-61-3, which represent and constitute the work product of any attorney, district attorney or county prosecuting attorney representing a public body and which are related to litigation made by or against such public body, or in anticipation of prospective litigation, including all communications between such attorney made in the course of an attorney-client relationship, shall be exempt from the provisions of the Mississippi Public Records Act of 1983.