Greenbrier County Commissioner Mike McClung was charged in a criminal misdemeanor case brought by Special Prosecuting Attorney Brian D. Parsons on Wednesday, January 22, according to a document, Information 20-M-1, filed in the Greenbrier County Circuit Court.
The charges, consisting of three misdemeanors, stem from an alleged incident involving airport documents and files. The charges include unauthorized access to computer services, unauthorized possession of computer data or programs, and unauthorized possession of computer information, etc.
During the August 27, 2019, meeting of the Greenbrier County Commission, Greenbrier Valley Airport Authority (GVAA) Chairman Deborah Phillips presented documents and photos to the commission, which she stated provided evidence that McClung had taken a hard drive from the airport, without the permission of airport staff or GVAA.
“During the commissioner’s visit to the Greenbrier Valley Airport’s administrative offices, it appears he may have removed an external hard drive from the office of the airport manager, as well as an unknown document,” said Phillips. “These electronic and written documents were taken without notice or permission of the GVA board or staff. I notified Commissioner McClung earlier today [August 27] by email that, based on the advice of our legal counsel, that he is not to be allowed on airport property pending a review of this improperly taking of electronic records from the authority’s office. I have no words to describe what we see. We do not know what was taken; we know it’s a hard drive, we’re not sure what’s in the hard drive. … He returned a second time, at which time he returned the drive, we believe. … I will tell you we have also contacted the prosecuting attorney’s office, we are not going to do this anymore internally. I’m sorry to have to tell you this this evening, that’s just where we are.”
McClung spoke with The West Virginia Daily News shortly after, confirming he took a hard drive, two file folders, and a CD from the airport. He explained that he copied the files and sent them to a special prosecutor, for which other files are allegedly being held at the airport.
“I went to the airport and asked about quite a collection of banker’s boxes [that held] evidence that were [being kept in a particular location at the airport],” McClung said. “They were not there, and I asked where they were, and I was pleased to find out they had been put in a [different location] and locked. They were secure. I knew where there had been some potential evidence that were not in those boxes and when I looked where I thought it to be, it was there. That meant it was not secured, so I copied that potential evidence. … I did not view those. I sent them by certified mail to the special prosecutor.”
McClung cited part of the West Virginia State Code, §7-1-16, reporting of fraud and misappropriation of funds, as a motivating factor in taking the hard drive, two physical file folders, and a CD.
“I did not tamper with that evidence,” McClung said. “It was not for me, it was to send to the prosecutor. I have a legal right to do that, check the code. … I have an ethical duty to do that and I think I have a moral obligation to do that. I believe that the people that voted to re-elected me voted for someone who would look after things that others won’t. … Information was copied, the originals were returned, there was no tampering, no viewing of those electronic [records], and they were set where the law requires.”
In a Greenbrier Valley Airport Authority meeting in September, it was noted McClung would not be allowed on airport property until a review of the alleged taking of electronic records had been reviewed, based on the advice of the GVAA’s legal counsel, law firm Bailey & Wyatt. The firm was approved to begin an investigation into the incident and it was announced the authority would contact the office of Greenbrier County Prosecuting Attorney Patrick Via.
The three charges filed against McClung on Wednesday include:
• Count 1: “That on or about August 23, 2019, in the said County of Greenbrier, the said Michael McClung did knowingly, willfully and without authorization, directly or indirectly, access or caused to be accessed a computer or computer network belonging to Greenbrier Valley Airport with the intent to obtain computer services, to-wit: by physically removing a computer hard drive from the Greenbrier Valley Airport and later making duplicates of the aforesaid hard drive, in violation of Chapter 61, Article 3C, Section 5 of the Code of West Virginia and against the peace and dignity of the State.”
• Count 2: “That on or about August 23, 2019, in the said County of Greenbrier, the said Michael McClung did knowingly, willfully and without authorization possess computer data or computer program belonging to another, to-wit: by physically removing a computer hard drive from the Greenbrier Valley Airport without permission or authorization, in violation of Chapter 61, Article 3C, Section 6 of the Code of West Virginia and against the peace and dignity of the State.”
• Count 3: “That on or about August 23, 2019, in the said County of Greenbrier, the said Michael McClung did knowingly, willfully and without authorization possess any computer data, computer software, computer supplies or a computer program which he knew or had reason to believe had been obtained, in violation of Chapter 61, Article 3C, Section 6 of the Code of West Virginia and against the peace and dignity of the State.”
In a statement to The West Virginia Daily News, McClung said “It would be premature to address it at any length – I have not been notified of any charges.”
Read more in the Monday, January 27, 2020, edition of the West Virginia Daily News.
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