Third case against ex-sheriff, Wood County reassigned
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PARKERSBURG -- All three lawsuits filed against a former Wood County sheriff and the county commission have been reassigned to a judge outside the county.
Suits filed by former Sgt. Della Matheny, alleging former Sheriff Steve Stephens harassed female employees and created a hostile work environment, and Court Officer Mark Harris, claiming Stephens caused him emotional distress over time taken off to care for his sick wife, were transferred in March after all three Wood County Circuit Court judges recused themselves, citing potential conflicts of interest or at least the appearance thereof.
Chief Wood County Circuit Judge Jason Wharton initially found no conflict preventing him from presiding over the suit filed by Sgt. Tim Allen alleging Stephens retaliated against him and treated him inappropriately for dating a female deputy.
But earlier this month, Wharton reviewed a motion to combine discovery depositions for all three cases and found that Matheny and Harris were listed as witnesses in Allen's case, as well as his bailiff. He submitted a letter to West Virginia Supreme Court of Appeals Chief Justice Beth Walker requesting another judge be assigned.
That order was granted, with 4th Circuit Judge Timothy Sweeney getting the case. Sweeney -- whose jurisdiction includes Doddridge, Pleasants and Ritchie counties -- was also assigned the Matheny and Harris cases.
Wharton recused himself from those cases because Harris had served as his bailiff and because of his prior tenure as the county prosecutor.
Judge J.D. Beane recused himself from all three because Harris had served as an alternate bailiff in his court and the court's law clerk had been an assistant prosecutor at the county prosecutor's office during a period of time in the complaint. The prosecutor is designated by statute as counsel for the county.
Judge Robert Waters' recusals cited family connections: His son is a deputy sheriff and Commissioner Blair Couch is his cousin.
According to court records, the trial in Matheny's case is set to be scheduled at a Nov. 3 pre-trial hearing, while the trial date for Harris' case will be determined in a Dec. 11 pre-trial conference. The trial in Allen's case had been slated for May 14-17, 2024, prior to the assignment to Sweeney.