PARKERSBURG — A former Wood County deputy sheriff suing the county is asking for sanctions over claims of discovery abuse.

In legal filings made this week in Wood County Circuit Court, attorneys for former deputy Sgt. Della Matheny allege a pattern of concealing, destroying and refusing to search for critical evidence and failing to take steps to preserve critical evidence, among other abuses.

Matheny served in the sheriff’s department from July 1, 2013, to July 23, 2021, when she resigned.

Matheny filed suit against the Wood County Commission, the Wood County Sheriff’s Department and former sheriff Steve Stephens where she alleges Stephens harassed female employees and created a hostile work environment and violated the West Virginia Human Rights Act and whistleblower laws.

Court documents allege Stephens referred to another female deputy as a “whore” and he created abusive working conditions. It also alleged Stephens engaged in a series of retaliatory acts such as stalking, targeting, unfair discipline and ostracization against Matheny, which caused her to resign.

Stephens has denied the accusations in court filings, adding his employment practices were “conducted in all respects in accordance with state and federal laws, regulations and constitutions.” Those filings deny Matheny was discriminated against “intentionally or otherwise.” Stephens retired and resigned as sheriff effective Dec. 1, 2021.

In October 2021, 27 members of the Wood County Deputy Sheriff’s Association voted no confidence in Stephens’ leadership.

In the motion for sanctions filed on Monday, attorneys for Matheny alleged county officials lost or destroyed Matheny’s 2019-2020 performance evaluations which were necessary as evidence to support her retaliation claim, failed to take any steps to preserve relevant electronically stored evidence, erased all data from the cell phone of the former Chief Deputy Robert Sims, failed to preserve the data on the county cell phone Stephens used, misrepresented to counsel that email searches had been performed and concealed and withheld critical documents and audio recordings.

The filing said they had zero results for email searches of various county personnel from the sheriff’s department. County Information Technology employees gave depositions on Sept. 21, 2023, and Oct. 3, 2023, and testified they had “never” searched the emails of the listed county employees.

“(The) Plaintiff has taken 15 depositions to date in this matter, only to learn through those depositions that defendants have withheld, concealed, lost, destroyed or outright refused to search for relevant evidence despite clear discovery requests for the same,” the filing said, adding they also learned of the existence of audio recordings that have not been fully disclosed.

The filing said the commission and Stephens were sent a notice Sept. 20, 2021, to preserve evidence.

Matheny is asking for attorney fees and costs and other relief the court deems just and appropriate, according to court documents.

Wood County Commission President Blair Couch said Thursday he could not comment on the matter, per the advice of their attorney. County officials said a response was filed in Wood County Circuit Court.

In the defendants’ pre-trial memorandum, the commission’s attorneys said the commission did not have supervisory control over Stephens.

“Without a legal duty, the commission cannot be held responsible for the alleged conduct of Defendant Stephens who was a duly elected constitutional officer,” the memorandum said.

The document said Matheny failed to provide evidence that Stephens’ alleged conduct was so pervasive and severe that her conditions of employment were changed or that the purpose of the conduct “unreasonably interfer(ed) with her work performance or created an intimidating hostile or offensive work environment.”

The document also said Matheny failed to prove she faced any changes in her work status after reporting Stephens’ alleged sexual harassment. The document said she reported the conduct around March 2020 and she left nearly 16 months later in July 2021.

“The (Wood County Commission) was not motivated to retaliate against (Matheny) as the (commission) initiated the investigation into the alleged conduct,” the document said of investigations handled by the law firms of Bailey & Wyant and Goodwin & Goodwin the commission authorized which ultimately led to Stephens’ resignation.

A pretrial hearing is set for 1 p.m. today before Judge Timothy Sweeny at the Pleasants County Courthouse in St. Marys. A hearing on motions is set for 1 p.m. Friday, Nov. 3. A final trial date has not been set yet.