Mason County commissioners are unsure if they have the power to remove Sheriff David Anthony after his arrest last week on wanton-endangerment charges.
Commission President Miles Epling said the commissioners have never dealt with a case like this before.
"We checked with the prosecuting attorney and, as far as I know, we've done what we can do," Epling said. "We're waiting to see what happens from here. He's an elected official. We can't just go in there and pull somebody out."
Epling said he and Commissioners Bob Braid and Rick Handly notified the West Virginia State Police after they received complaints that Anthony had fired a weapon over his son's head at his home on Nov. 5.
The State Police says Anthony, 42, of Point Pleasant, was intoxicated at the time and that two Mason County sheriff's deputies witnessed the incident.
Troopers arrested Anthony last week on U.S. 35 in Putnam County on the wanton-endangerment charges. A domestic-violence petition and a search warrant also were served against him.
Since a domestic-violence petition was served, Anthony is not allowed access to firearms. He has not returned to work since his arrest, Epling said.
State code provides a process by which county officials may be removed from office for "official misconduct, malfeasance in office, incompetence, neglect of duty or gross immorality ..."
Epling said he is unsure if the commission is the correct avenue for Anthony's removal.
He expects commission members to discuss the matter during a regular meeting Thursday. They are consulting with Prosecuting Attorney Damon Morgan, pending an investigation by the State Police.
"I'm not sure if we would make that call, we're not attorneys," he said. "We have to pretty much rely on what the prosecutor says we can and can't do."
Morgan left his office early Tuesday and he did not return phone messages left at his residence.
Anthony has checked into a court-ordered 90-day rehabilitation program, said Roane County Magistrate Russell Goodwin. Goodwin was assigned the preliminary hearing after several magistrates in Mason County recused themselves.
Goodwin said he expects Anthony to waive his right to a preliminary hearing.
State Police Sgt. Edward Starcher of the Mason County detachment said he is following several leads and expects the investigation to wrap up in a few weeks.
Epling said the commission's primary concern is making sure there is adequate police presence in Mason County. Chief Deputy Jeff Fields has stepped up to take Anthony's place, Epling said.
Reach Travis Crum at [email protected] or
304-348-5163.
Copyright 2011 Charleston Newspapers
