Three-judge panel: Sam Lopez should not be removed from Clarksburg City Council position

CLARKSBURG, W. Va. — A three-judge panel appointed by the state Supreme Court has ruled that Samuel “Zeke” Lopez should not be removed from his position as a council member for the City of Clarksburg.

In the judge’s ruling, they wrote that “Based upon the evidence presented, the three-judge court determines that Respondent Lopez cannot be removed from his duly elected office.”

The ruling comes after three other city council members, Gary Bowden, Robert Caplan and Margaret Bailey filed a petition to have Lopez removed

They alleged Lopez abused his position to conspire with the former Chief of Police and former Lieutenant to cover up a domestic assault in April 2013, which allowed him to be reelected to council in June 2013 before he surrendered himself on the charges in July of 2013, after the term had started.

After reading the 20-plus page ruling from Judges H. L. Kirkpatrick, Rudolph J. Murensky and Jack Alsop, Tom Dyer, the attorney representing the three council members, said the tribunal determined there was no proof Lopez had any involvement in a conspiracy.

“Their point is there’s no direct evidence that Mr. Lopez orchestrated or directed this coverup.”

The panel heard testimony on October 30 from, among others, the three officers who responded to the original arrest in April, as well as an FBI agent and State Trooper who investigated any potential coverup afterward and the former Chief of Police.

Dyer argued the circumstances would lead one to their unequivocal conclusion. However, Greg Shillace, representing Lopez, countered the Chief of Police and Lieutenant acted on their own accord without any prompting from Lopez.

The other big factor in the ruling, by Dyer’s estimation, was the timing of the petition in “The fact that the position to remove him was initiated in a term of office subsequent to that term in which the misconduct occurred.”

During the October hearing, Shillace argued, citing previous Supreme Court Decisions, if an elected official is to be removed from office for misconduct, it must be done during the term in which the misconduct is committed.

“Because the petition was not filed prior to said date, it would be time barred as a matter of law,” the tribunal wrote.

As for going forward, several things could occur for both parties.

“Council could pursue an appeal of this decision,” Dyer said. “I’ll get together with the council member who brought this action here in the next day or two and we’ll make that decision.”

He was doubtful an appeal would be requested.

The situation is also the subject of a suit filed by Lopez against the three city council members after they all voted to remove him from his position. Mayor Catherine Goings and council members Patsy Trecost and Jim Malfregeot were removed after cooperative testimony satisfied Shillace.

This case is scheduled to begin Friday before Harrison County Circuit Judge James Matish. Both parties believe the tribunal’s ruling will affect the

Shillace indicated to the Exponent Telegram that he will also seek monetary judgment from the three council members.





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