Claim against sheriff, magistrate sent to Prosecuting Attorneyﾒs Institute
Prosecuting Attorney Donna Price will send a complaint against Sheriff David Jonese and Magistrate Kathy Beverage to the Prosecuting Attorneyﾒs Institute for review.
Price said Friday that former county commissioner Norman Alderman is also seeking a special prosecutor in his investigation.
Alderman was arrested last month on charges he was stalking current county commissioner David Fleming. In a separate charge, Alderman is also accused of harassing Fleming by using a computer. He spent the night in jail after his late-night arrest August 11.
The Pocahontas County Sheriffﾒs Department confiscated several computers, peripherals and compact discs during its search of Aldermanﾒs home.
Alderman operates a website known for its anonymous posters and flagrant accusations.
During a county commission meeting in early August, Alderman accused Fleming face-to-face of living outside the Northern District, which Fleming was elected to represent. Fleming would not answer Alderman, but later said he lives in Green Bank on Sheets Road.
The arrest came a week later. The criminal complaint said Fleming ﾓwas in fear for his safetyﾔ because of comments made on Aldermanﾒs website. That website was shut down for several days after the arrest.
Last week, Alderman presented a complaint to Price about Jonese and Beverage, who has recused herself from the case.
In the complaint, Alderman said Jonese and Beverage breached his Constitutional rights by executing ﾓan invalid search warrant...in an unapproved manner.ﾔ
Beverage found probable cause to execute the search warrant and then recused herself from the case the next day, according to Aldermanﾒs complaint, because Beverage had been a subject on his website.
In the Magistrateﾒs Request for Voluntary Recusal, Beverage wrote, ﾓIn the past, Mr. Alderman has posted many outbursts on his...site about me that were not true. I feel that if I was assigned to Mr. Aldermanﾒs cases, that he may think that I was not being fair with him. I feel this is the proper thing to do.ﾔ
Alderman claims that Beverage could not be ﾓneutral and detachedﾔ while finding probable cause for a search warrant ﾓwhile harboring a personal grudge against the target of the warrant as she admits in her letter of recusal.ﾔ
The sheriffﾒs department, Alderman claims, ﾓinvadedﾔ his home at 11:30 p.m., ﾓa most unreasonable time for an arrest...considering the long standing character of Aldermanﾒs residence and position in the community as a former teacher, church pastor, former county commissioner and leader in the community.ﾔ
No hearing has been set for Aldermanﾒs complaint against the elected officials; however, he is scheduled for a hearing in the criminal complaint against him October 25.