×

West Virginia House declares de Soto seat vacant

New House Standing Judiciary Committee Chairman Steele also under scrutiny

House Majority Leader Pat McGeehan argued Wednesday that the inability of Delegate-Elect Joseph de Soto to take his oath of office in the House Chamber meant he forfeited his seat. (Photo courtesy of WV Legislative Photography)

CHARLESTON — Republican members of the West Virginia House of Delegates overwhelmingly supported a resolution to declare the seat of Delegate-Elect Joseph de Soto vacant due to recent charges of threatening fellow lawmakers making it impossible for him to take his oath of office in Charleston Wednesday.

The House adopted House Resolution 4, declaring that de Soto’s 91st District House seat vacant after de Soto was unable to travel to Charleston to take his oath due to being placed on home confinement following felony charges of making terroristic threats to lawmakers in December.

De Soto was arrested on Dec. 12 after a West Virginia State Police investigation into threats made by de Soto to another person regarding several lawmakers, including House Speaker Roger Hanshaw, R-Clay; House Majority Leader Pat McGeehan; and delegates Michael Hite, R-Berkeley; Chuck Horst, R-Berkeley; Bill Ridenour, R-Jefferson; Mike Hornby, R-Berkeley; and Wayne Clark, R-Jefferson.

The threats stemmed from a closed-door meeting of the House Republican caucus on Dec. 8, where members agreed to move forward with expulsion of de Soto over allegedly false claims about his military service. The complainant provided investigators with emails from de Soto, where he claimed that “God called him to kill them.”

De Soto was placed on home confinement after posting a $150,000 bond. A Berkeley County magistrate also submitted de Soto’s case to a grand jury. Since his arrest, two lawmakers also were granted personal safety orders that require de Soto to not have any contact. These orders remain in effect until 10 days following the conclusion of the 2025 regular legislative session, which ends on Saturday, April 12.

Thiis photo provided by the West Virginia Divisions of Corrections and Rehabilitation, shows Joseph de Soto, was elected to serve in the West Virginia state House of Delegates as a Republican in November, following his arrest on at least one felony charge for making terroristic threats on Thursday, Dec. 12, 2024 in Martinsburg, W.Va. (West Virginia Divisions of Corrections and Rehabilitation via AP)

McGeehan, explaining the resolution, said that the state Constitution requires legislators to take the oath of office within the House Chamber. With de Soto on home confinement and protective orders effectively barring him from the State Capitol Building, McGeehan said de Soto meets the Constitution’s definition of forfeiting the House seat.

“The reason for this resolution is from terrorist threats made by (de Soto)…to members of this body,” McGeehan said. “The delegate-elect cannot be present to take the oath, which is required by the Constitution in this chamber. Therefore, the delegate-elect does not meet the qualifications to be seated, which is entailed by the logic of the resolution. Therefore, the 91st seat remains vacant.”

However, House Minority Leader Shawn Fluharty, D-Ohio, argued that the state Constitution only allows for forfeiture of a seat if a member refuses to take the oath or is convicted of having violated the oath. Fluharty argued that proper way to remove de Soto would be for him to be seated, then expelled.

“Can you show me where it simply says failure? Doesn’t it use the word refuse,” Fluharty asked McGeehan. “Do we have any evidence that he refused to take the oath?”

“I think the refusal is that he is incarcerated right now on home confinement,” McGeehan responded.

House Minority Leader Shawn Fluharty said Wednesday that the House did not follow proper procedures when adopting a resolution claiming that Delegate-Elect Joseph de Soto’s House seat was forfeited. (Photo courtesy of WV Legislative Photography)

“I’m asking about procedural process in the Constitution to make sure we’re doing this correctly, which I don’t believe we are,” Fluharty said.

Further complicating the matter is de Soto’s switch of parties in December from Republican to Democrat. State Code 3-10-5 requires any vacancy in the House or state Senate to be filled by the governor from “a list of three legally qualified persons submitted by the political party executive committee of the same political party with which the person holding the office immediately preceding the vacancy was affiliated at the time the vacancy occurred.” Meaning a Democrat would need to be appointed to fill the vacancy.

“Look, this guy needs to go. I completely agree with that,” Fluharty said. “But I want us to do it properly because what’s going to happen here is there’s going to be a lot of lawyers involved, and you’re going to find out in a day we screwed it all up. I’m trying to explain to you why we screwed it all up.”

Fluharty also pointed out that seven House members were absent Wednesday and unable to take their oaths of office, including incoming House Standing Judiciary Committee Chairman Brandon Steele, R-Raleigh, though those members will be able to take their oaths prior to the start of the Feb. 12 legislative session.

The day before Wednesday’s floor session, an anonymous source provided two 911 tapes from Brianne Steele, wife of Del. Steele, from a Dec. 23 incident where Del. Steele was reported to be drunk and brandishing weapons outside their Mabscott home.

According to an incident report by the Raleigh County Sheriff’s Department, deputies responded to Del. Steele’s home on a report of a “intoxicated person” who was outside screaming, claiming someone was driving past his home, and armed with rifles. When deputies arrived, the found Del. Steele – a local attorney – with to AR-15 style rifles on his couch.

“Brandon…stated that he has had some recent issues with possible threats toward him regarding trials that he is working on,” wrote Deputy T.S. Gore. “Brandon stated that he observed a vehicle driving slowly past his home and he then exited his home with one of the rifles and approached the vehicle. Brandon stated that the occupants of the vehicle stated that they were looking at Christmas lights in the neighborhood.”

Brianne Steele made two 911 calls that night regarding Del. Steele’s behavior. She told deputies that Del. Steele “is extremely paranoid” and “a severe alcoholic.” No charges were brought, with Brianne Steele leaving that night with her children “to allow Brandon to sober up.”

A request for comment to Del. Steele was not confirmed. Hanshaw announced Tuesday that Steele would become chairman of the newly-revamped House Standing Committee on the Judiciary. A spokesperson for Hanshaw said he had only became aware of the incident at some point Tuesday and had not spoken with Del. Steele.

Steven Allen Adams can be reached at sadams@newsandsentinel.com

Starting at $2.99/week.

Subscribe Today