Attorneys for Nolan Wells’ friends threaten to sue the Rev. Al Sharpton for defamation

By Alisha Ebrahimji, Holly Yan, Dalia Faheid, CNN

(CNN) — The Rev. Al Sharpton, who has spoken publicly about the death of Nolan Wells and invited critics to “sue me first,” is the subject of a presuit demand letter sent Friday, attorneys for three of Wells’ friends said.

Presuit demand letters aim to resolve disagreements before a lawsuit is filed. The 19-page letter demands an apology and alleges Sharpton made two defamatory statements in July and August about three “completely innocent young men”: Morgan Seymour, Jax Pitalo and Warren Hudson.

“Warren, Jax, and Morgan hereby formally demand that you apologize for, retract, and delete every false and defamatory statement about them,” the letter said.

Sharpton said in response to the letter, “I welcome the lawsuit and will have my attorneys be in touch with theirs to arrange for them to serve me so we can get in court.”

Wells, 18, died during a Fourth of July trip to Horn Island off the Mississippi coast. While his cause of death has not been determined, photos of the Black teen surrounded by White friends during the trip led to widespread speculation, vitriol and threats from across the country.

Sharpton delivered the eulogy at Wells’ funeral and has frequently appeared at news conferences alongside Crump, demanding answers about what happened to the teen.

“I don’t know what happened. But I got your history of Mississippi. And the history tells me: Black boy (who) goes out with three White kids. Three White kids come back. There’s a blurred story on what happened,” Sharpton said during an event at the National Association of Black Journalists’ conference on August 13, where he appeared with Wells’ parents. “Some of this don’t make sense given (Mississippi’s) history.”

The attorneys, J. Tyler Cox and Edward Paltzik, allege Sharpton falsely implied the three young men were involved in Wells’ death, withheld or altered his phone, concealed his keys or obstructed the investigation. They demand Sharpton publicly apologize as well as retract and delete his statements within 10 days, warning they will sue him if he doesn’t comply.

The letter also presents their account of the trip: Wells traveled to Horn Island as part of a 30-person boating party before Hudson, Pitalo and Seymour left with others while Wells stayed behind. The three friends later contacted Wells’ family and authorities and helped search for him, the attorneys say. The letter says they never possessed or accessed Wells’ phone and were not involved in his disappearance or death.

The letter cites comments Sharpton made during a July 14 TMZ appearance and an August 19 online vigil for Wells. The attorneys argue Sharpton’s repeated references to Wells’ “three young white male friends” insinuate Hudson, Pitalo and Seymour had a role in Wells’ death.

“Warren, Jax, and Morgan are completely innocent of any wrongdoing with respect to the death of Nolan Wells,” the attorneys wrote.

Wells’ phone and keys

In the TMZ interview on July 14, Sharpton questioned why Wells would leave his phone behind. He said one friend initially denied having the phone and keys and that the phone’s contents had been erased.

“That’s too many unanswered questions for us not to say that something is amiss here,” Sharpton said.

At the vigil for what would have been Wells’ 19th birthday on Wednesday, Sharpton said questions about what the friends knew and why the phone and keys were not immediately relinquished should be litigated.

“What the friends knew, when they knew it, why they didn’t hand over the cellphone over right away when it was clear he was not back with them, the keys, all of that needs to be litigated,” Sharpton said.

In his statement, Sharpton said the three friends joined the vigil on Zoom and he asked them to come forward.

“While I did not know their names, so I did not defame them, we have a right and a duty to raise questions that were raised to me by Nolan’s parents,” he said.

Attorneys say none of the three friends touched, possessed, accessed or erased data from Wells’ phone. The letter also denies that they concealed his keys.

The attorneys said Wells’ phone was on one of the boats and was later in another person’s car. A female friend allegedly gave it to the mother of another friend, the letter says. Wells had left his keys in Pitalo’s bedroom and they were turned over to Wells’ stepfather, attorneys added.

Weeks before attorneys for Wells’ friends sent their letter, Benjamin Hudson, the father of one of the friends, organized an online fundraiser to help the teens pay for legal expenses in potential wrongful death claims and to pursue legal action over alleged slander and libel.

“This is not about silencing legitimate discussion or respectful disagreement. People are free to ask questions and express opinions,” he wrote. “This is about drawing a line against defamation, targeted harassment, threats of violence, doxxing, intimidation, and coordinated campaigns that destroy lives before the facts are known.”

Hudson said Sharpton, among others, “continue to invent and spread false narratives and lies with no accountability.”

Communication with officials

The letter denies the three friends at any point lied to authorities about Wells’ disappearance.

Hudson called Wells’ mother around 11:07 p.m. and the Coast Guard at around 11:13 p.m. that night, the letter says. It adds Hudson also spoke with the Jackson County Sheriff’s Department and Hudson and Pitalo returned to Horn Island the following morning to search for Wells.

There were no immediate, obvious signs of trauma or foul play on Wells’ body when it was found July 6 in the water near the coast of Horn Island, Jackson County Coroner Bruce Lynd told CNN. But given the uncertain circumstances, Lynd’s office asked for a full autopsy at the state medical examiner’s office to determine Wells’ cause and manner of death.

The state’s autopsy was performed July 7, and a separate, out-of-state autopsy requested by Wells’ family was performed July 10. Neither autopsy has yielded solid answers about how Wells died. In both cases, the pathologists have waited for the results of toxicology tests, which can take weeks to complete.

The Jackson County sheriff’s office has stayed largely quiet about the case, deferring questions to District Attorney Angel Myers McIlrath, who has vowed to forward the results of the law enforcement investigation to a grand jury to decide whether any charges are warranted. But until then, McIlrath said on August 18 she “would be stepping outside the bounds of the law” if she were to share information publicly about the case.

Attorneys demand apology

The attorneys allege Sharpton’s remarks constitute defamation per se under Mississippi law because they imply the three committed felonies, including murder, hindering prosecution and evidence tampering.

The attorneys demand that Sharpton apologize verbally and in writing, say the statements were false and stop repeating them. They also demand that he delete or retract related statements, publish corrections, pin online corrections for at least seven days and document each action.

They also say Sharpton should preserve material that could relate to potential litigation.

“Should you not apologize, retract, and delete your defamatory statements within 10 days of the date you are served with this letter, litigation will become necessary,” the attorneys said.

Sharpton said he welcomes litigation requiring everyone who was with Wells to answer questions under oath.

“I have been involved in the case for one sole reason: To help Nolan’s parents Christine and Elmore find the truth in what happened to their beloved son through a transparent and accountable investigation,” he said. “If a lawsuit is a catalyst for the truth, then it is welcomed and it will not deter (National Action Network) or me from continuing to stand with the family in their pursuit of justice.”

The letter comes about a week after Sharpton addressed the notion that he might be sued and welcomed that possibility during the event at the National Association of Black Journalists’ conference.

“The parents of the guys that were with him started talking about they was gonna sue us for getting involved,” Sharpton said on August 13. “I don’t even know the kid’s name, so you can’t say I defamed your son. I don’t know your son’s name. But I will say this on this stage: I want them to sue me first, and I’ll tell you why … I want to depose your son. If you sue, the plaintiffs are deposed.”

Attorneys responded in the letter: “You asked for it, and now you got it.”

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CNN’s Devon M. Sayers contributed to this report.