Letter states litigation ‘is reasonably anticipated’ in the case of Nolan Wells.
OCEAN SPRINGS, MS — GC Wire has obtained an exclusive copy of a legal notice sent by attorneys representing the family of Nolan Xavier Wells to Jackson County Chancery Judge Ashlee Cole, formally directing her to preserve a sweeping range of evidence as litigation over Wells’ death is anticipated.
The letter, dated July 20, was sent by Ridgeland attorney Gary Bufkin of Carroll Bufkin PLLC on behalf of the Wells family and co-counsel including nationally known civil rights attorney Ben Crump.
The recipient is significant.
Judge Cole has been the subject of intense public attention since it became known that her son, Warren Hudson, was among the group of young men who traveled with Nolan Wells to Horn Island during the July 4 holiday weekend. While Judge Cole has not been accused of any wrongdoing, her connection to one of the last people known to have been with Wells has made her a central figure in the public conversation surrounding the investigation.
Litigation Now Clearly Anticipated
The letter states that the Wells family’s legal team is investigating Nolan’s death and advises Judge Cole that litigation “is reasonably anticipated,” triggering what attorneys describe as an immediate duty to preserve evidence that could become relevant in future court proceedings.
It further warns that destruction or loss of relevant evidence could constitute spoliation under Mississippi law and could potentially result in sanctions or adverse evidentiary rulings if litigation is later filed.
What Must Be Preserved
The preservation demand extends far beyond text messages.
According to the attached evidence list, Judge Cole is instructed to preserve virtually every category of electronic and physical information that could relate to Nolan Wells or the events surrounding his death.
That includes:
- text messages, iMessages and group chats;
- emails and deleted communications;
- Facebook, Instagram, Snapchat, TikTok, X and other social media content;
- photographs, videos and their metadata;
- GPS history and cellular location information;
- cloud backups and internet search history;
- surveillance recordings;
- communications with witnesses, family members, media and law enforcement; and
- any deleted, edited or archived information capable of forensic recovery.
The letter specifically instructs that electronic devices should not be allowed to overwrite data and advises preservation of all materials in their original, unaltered form.
Family Members Also Included
One notable provision states that the preservation obligation extends beyond Judge Cole herself.
The letter says the duty applies not only to her, but also to her family members and to anyone acting on her behalf or under her control who may possess relevant information.
A Standard Legal Tool — But a Significant Development
Spoliation letters are a common legal mechanism used before civil litigation. They do not accuse the recipient of wrongdoing and do not mean a lawsuit has already been filed.
Instead, they serve as formal notice that evidence should be preserved because future litigation is reasonably foreseeable.
In this case, however, the recipient makes the letter especially noteworthy.
Judge Cole’s relationship to one of the young men on the boat has already generated widespread public discussion. The Wells family’s decision to formally serve her with a preservation notice indicates their legal team believes she may possess or have access to information that could become relevant if civil litigation proceeds.
Investigation Continues
Nolan Wells, 18, disappeared during a boating trip to Horn Island over the Independence Day weekend. His body was recovered two days later on the island.
Authorities have not announced a cause or manner of death, and District Attorney Angel Myers McIlrath has stated that the autopsy report will remain sealed until the investigation is presented to a Jackson County grand jury.
The preservation letter does not identify any allegations against Judge Cole, nor does it specify what evidence attorneys believe she possesses. It simply directs that potentially relevant evidence be maintained while the investigation, and any future litigation, moves forward.
See the Letter
