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The suit against Calhoun County by former deputy sheriff Ron Bandy has been settled, with the Calhoun Commission paying $40,000 in a court ordered settlement filed against the county for attorney fees linked to wrongful prosecution.
Bandy's attorney John Teare, Jr., his brother-in-law, received a $51,028 settlement in his behalf, with seven percent interest.
The commission is issuing two payments of $20,000 in an agreement with Bandy's attorney, saving the county $11,000.
Commissioners said unfortunately county taxpayer money will be paying the settlement, since the county's liability insurance company denied paying the claim.
Bandy had been indicted on eight counts by a Calhoun grand jury following an investigation by the West Virginia State Police: one count of grand larceny, three counts of burglary, three counts of conspiracy, all felonies, and one misdemeanor count for destruction of property.
The case was brought on issues indicating Bandy removed items from an elderly couples house, after the couple had been placed in a nursing home and oversight of their estate given to the Calhoun sheriff.
At the time of the dismissal, special prosecutor Jerry Hough said, "The defendant (Bandy) brought the property to the sheriff and he declined to accept it."
Judge Thomas Evans III said that act was "extremely dangerous" to the state's case. "Thieves do not take stolen property to the sheriff and then to the DHHR for safe keeping," he said.
Evans said he had problems with some of the testimony, citing the accessing of the elderly couple's safety deposit box at the Calhoun Bank by Bandy's former girlfriend DHHR employee April McCroskey, saying it "raised suspicion," but "suspicion is not proof."
Charges against McCroskey were dismissed, except one for trespassing.
The criminal case against Bandy was dismissed in November, 2007, by Evans after special prosecutor Gerry Hough said there was insufficient evidence to indicate a crime had been committed and that the state could not prove criminal intent.
In addition to being charged with issues linked to the elderly couple's property, Bandy resigned his position in 2006 after prosecutor Matt Minney said he had failed to appear in court in a timely manner to prosecute criminal cases.
Bandy was then late for his own contempt of court hearing before Judge David Nibert, related to the matter.
Bandy, who was off-duty at the time, received serious injuries and was hospitalized after he was accosted in the parking lot of Froggy's Bar at Big Otter in November, 2004. He was also run-over by a car driven by a second man. Both men were criminally charged.
CHIEF DEPUTY BANDY RESIGNS - "Contempt Of Court Issue"
FORMER CALHOUN DEPUTY BANDY INDICTED FOR LARCENY - Former Police Chief Not Indicted
CASE AGAINST DEPUTY BANDY COULD BE DISMISSED - Trial Scheduled For Tuesday
MULTIPLE FELONY CHARGES DROPPED AGAINST MCCROSKEY - Found Guilty Of Trespassing
DEPUTY BANDY CASE RIDDLED WITH PROBLEMS
COURT ORDERS CALHOUN TO PAY FORMER DEPUTY'S LEGAL FEES
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