Delmarva Wrestling Digest threatens to sue DMV Wrestling

Truth is a complete defense to a claim of defamation

Jan 02, 2024

As a result of a legal threat, I’m noting that today is January 2, 2024, and that I have no plans to make any factually untrue statements about Marcus Waters (aka Kevin Wilcox) in the future, nor have I made any in the past.

I received a cease and desist letter that wasn’t emailed to my site’s email address listed in the original articles on Delmarva Wrestling Digest. I didn't even receive it from the attorney who wrote it. Instead, it was sent to me from a Facebook account belonging to Marcus Waters, who I am not friends with on Facebook, so I didn’t see it until a couple of days before Christmas. Click here to read the letter for yourself.

In addition to the irregular method of delivery, this letter is very poorly written and seems to have been prepared using a template. Others close to pro wrestling have received almost identical letters from the same attorney related to online comments they made.

The letter:

The text:
NOTICE TO CEASE AND DESIST
Re: Defamation of Character – For Libel and/or Slander
Dear Mr. Jeff Quinton:
Kevin Wilcox (aka Marcus Waters) is a respected professional wrestler and has spent their life building a positive reputation within the Independent Pro Wrestling Community and the Delaware Community, as a whole, through his charitable donations associated with his business - Delmarva Wrestling Digest. Nevertheless, we have been informed that you have been maliciously spreading inaccurate and unfounded information that is damaging to his and known associates that participated in his Wrestling Promotion – “Over the Top for Toys for Tots” held on December 16, 2023.
Under the laws in the State of Delaware, it is unlawful for an individual to make deliberate statements that intend to harm the reputation of another party without factual evidence or based on hearsay.
The defamatory statements were made throughout the Article you posted on your respective website – DMV Pro Wrestling (12/16/23) Entitled: “Delmarva Wrestling Mud Show.” The article in questions, stated that Mr. Wilcox (aka Marcus Waters)/Delmarva Wrestling Digest violated Delaware Athletic Commission Regulations during this show. You were not present at this Promotion but wrote the Article as you had first-hand knowledge and that all the information with the Article was “factual” (no reference to “alleged” activity). Furthermore, the Article was posted on Facebook, which further the spread the malicious defamatory statements. Moreover, you restated the misrepresentation in the Article (12/20/23) Entitled: “Delaware Wrestling Show Under Investigation.”
If you do not cease all related statements a defamation of character lawsuit will be commenced against you.
In addition, this shall serve as a pre-suit letter demanding that you provide us written assurance by January 2, 2024 that you will cease and desist from making further factually untrue statements.
If you do not comply with this cease and desist letter by the aforementioned date then a lawsuit may be filed in the proper jurisdiction seeking monetary damages as well as pursuing all available legal remedies for your defamation.
Sincerely,
Rodney Don Sweet, Esq.

This letter lacks any specificity at all as it relates to what exactly Waters or his hired gun attorney are claiming is defamatory. It is just an attempt to silence free speech that Waters doesn’t like. It would be a SLAPP suit if Rodney Don Sweet, Esq. were to follow through on the threats.

A SLAPP suit (Strategic Lawsuit Against Public Participation) is a legal action filed with the primary purpose of intimidating, censoring, or silencing individuals or groups that engage in public discourse or activism on matters of public concern, often through meritless claims that burden the defendants with legal costs and stress. Several states, including Delaware and Maryland, have anti-SLAPP laws on the books.

Proving defamation in Delaware requires several things that must be proven. One of these is a false communication of fact. The letter takes the false position that there is no way I could know violations of Delaware regulations took place without physically being there. This is a false premise. There is video evidence, photographic evidence, posts on social media, and firsthand accounts from eyewitnesses. Additionally, the letter even takes issue with the second article I wrote which includes an on-the-record comment from the State of Delaware confirming that the event was being investigated.

Since truth is the ultimate concern, let’s go over the facts I’ve already proven.

The Department of Professional Regulation in the Delaware Department of State has confirmed that Delmarva Wrestling Digest‘s most recent event is under investigation.
The ring at the event was unsafe as shown by numerous pictures and videos.
The event violated Delaware regulations because there was no barrier (or guard rails) between the ring and the audience. Video and photographs prove this.
The event violated Delaware regulations due to the participation of an underage wrestler, working under the ring name of Sage Sikes. There is photographic evidence of this violation also.
A registered sex offender and convicted rapist was involved in the event at a middle school.

Regarding the last point, someone in Delaware claiming to be close to Waters has tried to shoot down that one by claiming Jason Sweeney (aka Jay Cortez) was not there. So, I’ll point out that Sweeney has been involved in frequent appearances as the Grinch lately, including events with the Harrington Police Department. I doubt they have done their due diligence on his background. An article on these activities shows Sweeney/Cortez in a Grinch costume with a motorcycle vest on. If you watch the video below and watch the back right corner of the frame you will see Sweeney in that costume. He walks around on the floor behind the ring and goes into a backstage area.

I want to thank some unnamed friends who are attorneys for their advice and counsel on this matter. I also have reached out to the Foundation for Individual Rights and Expression for their assistance.

Additionally, I want to thank Stephen P. New for his quick response to my message and the advice that he gave me on this situation. You may have heard about his representation of CM Punk and Ace Steel and the recent remarks he made about Chris Jericho.

Here are the articles I wrote before: