07/30/2026
To: Public Officials and Social Media Outlets Involved in the Malicious Prosecution and Publication of Comments Regarding Hicks Towing:
Hicks Towing is unable to comment publicly regarding the malicious prosecution except to the extent authorized by legal counsel, as set forth below. (Hicks Towing will attempt to post the memorandum of applicable statutes and regulations separately.)
Wayne County Sheriff's Department:
This is to confirm my representation of Mr. Troy Hicks, d/b/a Hicks Towing, in Wayne District Court Case No. 26-F-00084. The charges filed against him—Theft by Unlawful Taking (Automobile) and Tampering with Physical Evidence—are not supported by the facts or the law. The allegations, even if taken at face value, do not constitute criminal conduct under Kentucky law.
For reasons unknown to me and completely unrelated to legitimate law enforcement purposes, these false charges and Mr. Hicks's false arrest have been widely distributed by the Sheriff's Office to Facebook and news agencies throughout the state, resulting in devastating financial and social consequences for Mr. Hicks and his business. In addition, it is being circulated that his business has been "removed" from the Sheriff's Department's list of alternating towing businesses and that the Department is "taking action to have his tow truck license revoked."
We demand that everyone involved in making and disseminating these abusive misrepresentations cease and desist immediately. At this point, Mr. Hicks unfortunately has no option but to protect himself and his business from further harm by informing the public and the media of the true factual basis for this malicious prosecution.
Specifically:
(a) He did not sell this vehicle.
(b) He has never sold a vehicle to pay a tow bill in his life.
(c) He has never advertised a vehicle on Facebook prior to this occasion. This advertisement was intended solely to notify the owner to come forward and pay the legitimate tow bill.
(d) He is, and always has been, a law-abiding, self-employed small business owner in Wayne County.
(e) The tow truck industry in Wayne County is regulated by three first cousins occupying the positions of Sheriff, Judge/Executive, and Mayor of Monticello, as well as two magistrates who own and operate tow truck businesses.
(f) He is not related by blood or marriage to any of these public officials.
(g) He has previously complained about the unfair allocation of towing assignments and deputies discriminating against his business by steering work toward magistrate-owned operations.
(h) He has been charged with tampering with physical evidence, yet the deputy who claims the vehicle is evidence has left that alleged evidence in the possession of the very person accused of tampering with it.
(i) He is transporting the alleged physical evidence to the Wayne Fiscal Court at 3:00 p.m. ET tomorrow so that the County may transfer the evidence to one of its magistrate-owned tow truck operators.
Those responsible for the malicious prosecution of Mr. Hicks should be held individually accountable for their actions and sanctioned by their employers for his false arrest, malicious prosecution, and retaliation against a whistleblower.
I demand that all charges against Mr. Hicks be dismissed, with prejudice, before 3:00 p.m. ET on Friday, July 31, 2026, on the following grounds:
(a) The Complaint alleges that Mr. Hicks lawfully towed and possessed a vehicle pursuant to KRS 376.275 and related provisions governing involuntary tows, storage liens, and abandoned vehicles.
(b) Every action Mr. Hicks is alleged to have taken in securing possession and control of that vehicle was within the scope of a tow operator's statutory authority.
(c) The allegations of "improper" conduct focus solely on the manner in which the vehicle was advertised for sale on Facebook.
(d) Kentucky law clearly provides that administrative defects in lien-sale procedures do not transform a lawful tow into criminal theft.
(e) Kentucky law likewise provides that administrative defects in lien-sale procedures do not transform a lawful tow into tampering with physical evidence, as there are no allegations that Mr. Hicks concealed, destroyed, altered, or removed evidence with the intent to impair an investigation, nor is there any allegation that he exercised control over the vehicle with criminal intent or without lawful authority.
Accordingly, the statutory elements of both offenses did not exist at the time the Complaint was filed, and they do not exist now.
Any disagreements between law enforcement and Mr. Hicks regarding the towing, storage, or advertising of this vehicle should be addressed through civil litigation, where they properly belong. I also request that all social media posts by the Wayne County Sheriff's Office concerning this matter be removed and replaced with the notation, "Case Dismissed."
We request that this public announcement be made at the Sheriff's Office at 3:00 p.m. ET on July 31, 2026, with all news agencies invited to attend.
If dismissal does not occur at that time and place, I will provide all individuals listed on this communication with Mr. Hicks's account of these events. My communications regarding this matter fall squarely within Kentucky's fair comment and response doctrine, which protects statements made on matters of public concern when the underlying facts are disclosed and when the subjects of those statements are given a fair opportunity to respond.
The allocation of towing assignments, the conduct of elected officials, and the treatment of small business owners in Wayne County are legitimate matters of public interest. All statements made on behalf of Mr. Hicks will be based on documented facts, including prior complaints, observed patterns of favoritism, and the circumstances surrounding his arrest.
The County Attorney, the Sheriff, and the magistrate tow truck operators are being afforded a full and fair opportunity to respond before any public statement is made. Nothing communicated will be defamatory, and all commentary will be protected as fair comment on matters of public concern under Kentucky law and the First Amendment.
Mr. Hicks seeks—and will continue to seek—objectively fair treatment as a small business owner in Wayne County, with safeguards against favoritism of any kind. Because civil litigation may continue for some time, I am providing County Attorney-elect Rhett Ramsey and County Sheriff-elect Cody Neal with copies of this communication.
Given the immediate and irreparable harm to the reputation and economic interests of Mr. Hicks and his business, we will be requesting a gag order from the Court. In the meantime, I request copies of all written County policies and procedures regarding tow truck referrals and regulation, as well as all written policies, procedures, and licensing ordinances of the City of Monticello concerning tow truck licensing and enforcement actions.
Given the limited time available and the ongoing irreparable harm being caused, please reply by email with your intentions at your earliest possible convenience.
