CHARLESTON, W.Va. — West Virginia’s DNR director was arrested on a charge of misdemeanor battery against his ex-wife in Florida.
The Charleston Gazette-Mail first had the story. The story broke this afternoon, right before Stephen McDaniel was supposed to take part in an announcement about state parks with Gov. Jim Justice.
That event was delayed, although it wasn’t clear if the news was the reason. It also wasn’t clear if McDaniel went ahead and took part.
An initial police report indicates that McDaniel’s ex-wife believed he might kill her.
But officials in Florida reached a deferred prosecution agreement, which means McDaniel would avoid charges if he abides by a set of terms for a year.
McDaniel also remains on the job with the West Virginia Division of Natural Resources.
After the event occurred, McDaniel described it to officials with the Governor’s Office, provided contact with his lawyer and offered to resign if the situation would reflect poorly on the governor, said Brian Abraham, general counsel for the governor.
“It appeared the matter was being resolved without any negative disposition toward him. The governor did not request his resignation,” Abraham said in a Friday afternoon telephone interview.
Abraham was a prosecutor in Logan County for a decade and also spent time as a defense attorney. He said he took the deferred prosecution agreement into account when advising the governor.
“I had a comfort level recommending to the governor not consider the resignation,” Abraham said.
McDaniel’s track record overseeing the Division of Natural Resources also was a factor. McDaniel was named DNR director in 2017, shortly after Governor Justice took office.
“He does a good job,” Abraham said.
The arrest report notes that McDaniel’s ex-wife made a statement to police with a bruise on her left eye and a laceration under her upper lip. Police observed red marks on her neck.
“It is to be noted, the victim was shaken up, crying and appeared terrified,” the police report stated.
McDaniel’s ex-wife was at a home she has been preparing to be sold when McDaniel arrived after drinking at local bars, the report alleges. The report indicates a verbal altercation was prompted by accusations that McDaniel had been cheating.
“The victim stated the verbal altercation escalated when the defendant became physical with her,” the arrest record states.
“The victim stated the incident was a blur, but the defendant had the victim on the bed, was on top of her with his knee pressing down on her left forearm. The victim stated her hair was in her face when the defendant placed one hand on her mouth and nose, causing her to have some trouble breathing.”
The report continues, “It is to be noted the victim never lost consciousness.”
She felt like her life was in danger, the report alleges.
“The victim stated the defendant picked up a lamp and was standing next to the bed, and was shaking the lamp,” the report stated. “The victim believed the defendant was going to kill her.”
The report described a separate initial statement from McDaniel, saying he provided conflicting statements about whether he had been drinking. McDaniel told police he had asked his ex-wife for a ride but she refused. So he took an Uber to her home.
“The defendant stated he never became physical with her, but she began throwing things around the house,” the report stated. “The defendant stated that he put his hand over her mouth to prevent her from screaming. The defendant once again denied that a physical altercation occurred.”
Furthermore, “a small cut was observed on the top of the defendant’s left hand. When asked where the cut came from, the defendant stated he was unsure.”