CLARKSBURG, W. Va. — A three-judge panel has been appointed to consider the removal of Zeke Lopez from the Clarksburg City Council.
The state Supreme Court on Thursday appointed Judge H. L. Kirkpatrick from the 10th Judicial Circuit to lead the panel. Rudolph J. Murensky from the 8th Judicial Circuit and Jack Alsop from the 14th Judicial District will fill out the group.
This comes after three Clarksburg council members filed a lawsuit on Oct. 3 in an attempt to fully remove Lopez from his position.
Lopez was convicted of domestic assault by a jury in January after Clarksburg police were called to Lopez’s home in April of last year where his wife, Linda, claimed he pinned her down, hit her with a rolling pin and dumped food on her during an argument.
However, Lopez was not charged in the incident until he turned himself in on July 3, 2013, after he won a seat on council for his fifth term the month before.
Federal authorities were made aware of the case after citizen complaints of Lopez abusing the power of his position to persuade the police to not take up the domestic assault investigation.
“When he calls up the police chief and engages in conversations and has the police chief send other officers over there to get the cuffs off of him because he’s a councilman and all of that kind of conduct that follows,” Tom Dyer, the legal representative for the three council members said.
The lawsuit filed on behalf of Margaret Bailey, Gary Bowden and Robert Caplan is a statutory action under West Virginia State Code Chapter 6-6-7(c), which addresses the removal of a municipal official through the determination of a three-judge panel.
“This three-judge panel will be able to consider the conduct or misconduct of Mr. Lopez following the placing of handcuffs on him by the young officers that arrive on the scene,” Dyer said. “It’s this official misconduct that many believe is even more compelling and concerning than the conduct that leads to his arrest.”
After investigations by U.S. Attorney for West Virginia’s Northern District’s Office, former Clarksburg police chief Marshall Goff and Lt. Tim Smith resigned to avoid being prosecuted for federal crimes involving civil rights violations and making false statements to federal agents after inappropriately intervening in the case.
After his January conviction, Lopez vowed not to resign from his seat, prompting the other members of council to vote unanimously to remove him in February, claiming he committed an act of moral turpitude.
However, this went against the legal advice provided to take the matter to a three-judge panel and Lopez filed his own suit against the city, alleging his constitutional rights had been violated.
The suit also allowed for an injunction and Lopez remains on council in a non-voting capacity. This case has a trial date set for December 5 before Harrison County Circuit Judge James Matish.
The three council members said their recent suit is an attempt to rectify the situation and go through the proper channels to have Lopez removed. Dyer also said the defense attorney for the city council in the lawsuit filed by Lopez plans to file for a stay on the proceedings leading up to the December 5 trail.
Lopez’s attorney Greg Shillace told the Exponent Telegram he does not believe one case should have an effect on the other, this new suit should have been filed during Lopez’s term which ended in June 2013 and that he planned to file a motion for dismissal once the three-judge panel was appointed.
Dyer, who is taking on the case pro bono, said he had hoped it wouldn’t have to come to this.
“I wish Mr. Lopez would reconsider his positions and do what’s in the best interest of the community and simply step down,” he said. “Public servants need to understand it’s not about them, especially in a case like this. It’s about the public they serve.”
“It just had to be done in the best interest of the community,” Dyer continued in regard to the suit. “Especially in light of the recent publicity which has been blown all over the state. We’ve got a good community here in Clarksburg and we need to protect the reputation and honor of it. That’s what it comes down too.”
According to the Supreme Court order, the three-judge panel will convene on October 30 and 31 in the Harrison County Courthouse.