The Register-Herald, Beckley, West Virginia

Local News

October 15, 2008

Deputy faces felony charge for bad check

15-year veteran officer suspended without pay

Amelia A. Pridemore

A Raleigh County sheriff’s deputy with more than 15 years of service faces a felony worthless check charge and has been suspended without pay, authorities said Wednesday.

Randy Burgess, no age or hometown available, was arraigned before Magistrate Rick Jones Tuesday night and was released on $5,000 bond, Chief Deputy Steve Tanner said.

The charge against Burgess stemmed from a Raleigh County citizen’s complaint made last week, Tanner said. The unidentified citizen said Burgess had written a bad check for “multiple thousands” of dollars last Jan. 15. When the citizen found out what had happened, he repeatedly tried to make arrangements to clear up the situation with Burgess. That did not work.

The citizen later went to Raleigh County Magistrate Court to file a civil complaint against Burgess, Tanner said. That was when an unknown person told the citizen it was a bad idea to file a complaint against a police officer.

When the Raleigh Sheriff’s Department was notified of the situation, it conducted its own criminal investigation, Tanner said. That resulted in the felony worthless check charge against Burgess. The investigation is ongoing.

Within 10 days, Burgess should have a preliminary hearing on the criminal charge, Tanner said. As for Burgess’ job, he is entitled to a civil service board hearing or a tribunal of sheriff’s deputies. The latter is a three-person board composed of three Raleigh County deputies — one picked by the sheriff, one picked by Burgess and a third chosen by the civil service commission.

“Everyone is innocent until proven guilty, and this goes for deputies as well,” Tanner said.

If Burgess were to pay the citizen what is allegedly owed, Tanner said, the criminal charge could be resolved. However, that may not save his job.

“It’s different,” Tanner explained. “If it’s any other member of the public, they could be free to go. But (law enforcement officers) are held to a higher standard. There’s the probability of serious disciplinary action, to the point of possible termination.”

Tanner strongly emphasized sheriff’s deputies will be treated as equally and fairly as “the average Joe Citizen” and that no one is above the law. But because the public expects law enforcement officers to be “the good guys” — people they can trust — the officers should be held to a higher standard of accountability, Tanner explained.

— E-mail:

apridemore@register-herald.com

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