CHARLESTON, W.Va. — Lawyers for Delegate Mike Caputo declared legislative immunity in a misdemeanor battery case, and it paid off.
The charges against Caputo, D-Marion, were dismissed by Kanawha Circuit Judge Tod Kaufman, who took over the case after the legislative immunity question was raised.
Caputo, in a statement Monday afternoon, said he is pleased the judge saw it that way. Caputo is running now for a state Senate seat.
“Obviously, my family and I were very pleased to learn that the charges against me have been dismissed,” he stated. “I hope this matter is finally over.”
Caputo’s lawyers cited a piece of state code giving lawmakers immunity from criminal charges when the Legislature is in session.
Kaufman wrote that the code was intended to help elected officials focus on their official duties.
“Our founding fathers knew that protecting legislators to assure they are free to participate in legislative proceedings was critical and vital to our system of government,” he wrote.
“The most important privileges granted to all members is a right to enter, to be present to vote, and to otherwise participate in legislative activities.”
The incident that resulted in charges against the delegate took place not only during the regular session — it was right at the chamber door that leads into the House of Delegates.
Caputo’s anger was sparked March 1 during GOP Day at the Legislature because of a poster that showed an image of an airplane crashing into the Twin Towers on 9/11 juxtaposed with Congresswoman Ilhan Omar of Minnesota, who is a native of Somalia. Pamphlets described “The Four Stages of Islamic Conquest” and “Readin’, Writin’ and Jihadin’.”
Caputo, speaking publicly minutes later to fellow delegates, acknowledged getting so angry he kicked the door to the chamber open during the start of each day’s session that includes a prayer and the Pledge of Allegiance.
The incident happened with just a few days left in the regular legislative session.
“Because this legislative act committed within the legislative sphere is statutorily protected activity, Defendant cannot be prosecuted criminally and will be shielded from the issuance of extraordinary writs with respect to his legislative acts,” Kaufman wrote.
Caputo was charged in September with misdemeanor battery after angrily storming through the House chamber door.
Doorman Logan Casterline was struck as the door was forced open. After the incident, the complaint states, Casterline complained of pain and sought medical treatment.
Caputo was also accused of making physical contact with then-Delegate Sharon Malcolm. Malcolm died later in September at her home. Staff for her re-election campaign said she passed away peacefully in her sleep.
He publicly apologized after the incident and also had a private conversation with the doorkeeper.
Today, Caputo again said he is sorry.
“I apologized before, both to the House publicly and the young man personally, and I’m still sorry for my actions,” he stated. “But I can say without reservation that I had no intention of hurting anyone.”