The Register-Herald, Beckley, West Virginia

Local News

November 3, 2008

Felony charge against Raleigh deputy dropped

Michelle James

The criminal case against a suspended Raleigh County sheriff’s deputy was dropped Monday during a preliminary hearing in magistrate court.

Magistrate Mary Jennings said the felony worthless check charge against Randy Burgess was dismissed after special prosecutor Tim Boggess, from Mercer County, said discussions with the sheriff’s department led him to believe the state “didn’t have a case.”

Defense attorney Chris Davis, who represented Burgess, said he believed the charges were dropped because they were “unfounded.”

“We believe under the totality of the circumstances, the charges were dismissed,” he said.

Davis said he was not certain of Burgess’ employment status, as the 15-year veteran of the sheriff’s department was suspended without pay following his Oct. 15 arraignment.

Phone messages left by The Register-Herald for Chief Deputy Steve Tanner at the Raleigh County Sheriff’s Department were not returned Monday.

The day after Burgess’ arraignment, however, Tanner said the deputy, who he said had been arrested for writing a bad check for “multiple thousands” of dollars last Jan. 15, would be entitled to a civil service board hearing or a tribunal of sheriff’s deputies.

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

— E-mail:

mjames@register-herald.com

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