‘An Ethical Duty’: Wood County Commission seeking outside input on sheriff’s future

PARKERSBURG -- The Wood County Commission unanimously voted Thursday to seek an outside law firm that could determine whether the county should seek to remove Wood County Sheriff Steve Stephens from office.

"Based on what we have so far, I think we have a moral and ethical duty to investigate a firm that can handle a potential removal from office," Commission President Blair Couch said.

Commissioner Robert Tebay made the initial motion, it was seconded by Commissioner Jimmy Colombo and made unanimous by Couch.

A lawsuit was filed last week by Della Matheny, a former deputy in the sheriff's department. The lawsuit alleges Stephens made inappropriate comments to Matheny and took an interest in other aspects of her life.

"The information we have right now is only hearsay," Couch said of Matheny's allegations in her lawsuit.

Couch said they currently have "she said, he said" arguments.

"We are trying to hire someone to review what the facts are before us, if they would qualify for (removal)," he said. "These allegations, should they be true, due lend themselves for removal.

"In determining if there is enough would be the role of this law firm."

Wood County Prosecutor Pat Lefebure could not represent the commission in this matter as he and his office represent and work with the commission, the sheriff and the deputies in the department, he said, adding seeking the law firm was the "first step" in this process.

Couch is seeking referrals from local attorneys for firms who could handle it. They are seeking firms with lawyers who have prosecutorial experience.

Lefebure said if the firm felt the evidence met the criteria for removal, a three judge panel would be convened to hear the case under Chapter 6-6-7 of the state code. The judges would be appointed from around the state and the case would be treated like a trial where the case would be prosecuted and the sheriff would be represented by legal counsel and defended.

"It is essentially a trial, just not a criminal trial," Lefebure said. "It would be a civil trial for removal."

The county went through such a hearing about 10 years ago when a deputy brought a petition against Jeff Sandy when he was sheriff. He was not removed from office at the time.

Couch said the investigation could show there is not enough evidence to proceed with removing Stephens.

Matheny's lawsuit also mentions attention Stephens reportedly had given to another deputy, Tasha Hewitt.

Bailey & Wyant PLLC of Charleston was hired by the commission's insurance company to investigate Hewitt's allegations. They submitted a letter to the commission, dated March 30, 2020, alleging inappropriate actions by Stephens in regard to Hewitt. County records show $20,000 was paid to Hewitt and her attorney Scott Kaminski as part of an agreement in the matter.

County officials said that matter did not result in a filed lawsuit and the law firm agreed to the payment through negotiations.

"They didn't make it public," Couch said. He couldn't remember the exact amount that was asked for but said the settlement was "significantly" under what was originally sought.

The Wood County Deputy Sheriff's Association recently took a vote of no confidence in Stephens' leadership. At the time Couch said they had not received any complaints about Stephens after the sheriff addressed the vote before the commission. Couch later clarified that none of the deputies appeared before them that day to address the issues and all the county received was an unsigned letter. There were also no other lawsuits filed at the time, he said.

Local resident Marie Krinock talked about how this matter was in the public's interest when the commission previously discussed it in executive session.

"Honesty and transparency are honorable qualities for you guys to have," she said. "We are your public and we are interested."

Couch said the matter revolved around personnel and they did not want to disparage someone inappropriately. It helps the people who come forward with allegations, he added.

Krinock added the law firm should be from outside the area and with no connections to the commission which Colombo responded it would be.

"Just remember, we are interested in this as well," Krinock said.

Stephens did not attend the Thursday meeting as he was still dealing with illness, county officials said.

Brett Dunlap can be reached at bdunlap@newsandsentinel.com