GILMER COMMISSIONER CHAPMAN CHARGED WITH SEVEN COUNTS - Unlawful Business Activity Alleged, Maxwell Still Under Investigation

(06/03/2005)
Gilmer County Commissioner Larry B. Chapman was taken into custody at his Western Auto store yesterday and charged with seven misdemeanor counts of unlawful business activity, allegedly linked to his Western Auto franchise and doing business with Gilmer County.

The arrest culminates a month long investigation by Cpl. J.E. Skidmore of the Glenville detachment of the West Virginia State Police.

The charges are related to another ongoing criminal investigation underway by Special Prosecutor Leslie Maze, Wirt County Prosecutor, involving the Gilmer County Parks and Recreation Commission.

Chapman is accused of violating West Virginia Code 61-10-15 on seven occasions from June through October 2004.

Chapman posted a $3,500 personal recognizance bond with Magistrate Carol Wolfe. No further court dates have been set at this time.

One of the seven counts against Chapman is related to his Western Auto Store providing cellular phone service to current Gilmer County Parks and Recreation Director Jason Eager.

According to the arrest warrant, West Virginia Code states in part: "It is unlawful for any member of a County Commission to be or become pecuniary interested, directly or indirectly, in the proceeds of any contract or service, or in the furnishing of any supplies in the contract for, or the awarding, or letting of a contract if, as a member, officer, he or she may have a voice, influence or control."

The case against Chapman appears to have happened after several Gilmer citizens have investigated the commission and launched a letter writing campaign about the alledged problems.

Randy Maxwell, former Director of Gilmer County Parks and Recreation, is currently the subject of a separate criminal investigation by prosecutor Leslie Maze, after an audit of the Parks and Recreation Commission found payroll irregularities and questionable purchases made by Maxwell with county funds.

Subsequently an ethics complaint was filed at the West Virginia Ethics Commission and it was ultimately referred to Leslie Maze, Wirt County Prosecutor.

Glenville resident Arnold Drew Moody filed the ethics complaint with the commission alleging Maxwell misused county funds, including $4,000 to subscribe to a satellite television service. Maxwell resigned in 2004.

Gilmer County Prosecutor Jerry Hough stated in part, "By implication and direct evidence, this appears to be a violation of WV Code, prohibiting pecuniary interests of county commissioners."

If convicted on all counts Chapman could be sentenced to a maximum of seven years in prison, fined $3,500 and removed as an elected officer of the county.

Chapman may be the first Gilmer county official to be charged with malfeasance in office in more than 50 years, according to Gilmer County Circuit Clerk Lane Smith.