The misdemeanor criminal case against Greenbrier County Commissioner Mike McClung is expected to move forward in late November, according to the special prosecutor bringing the charges.
The three charges, including unauthorized access to computer services, unauthorized possession of computer data or programs, and unauthorized possession of computer information, were filed by Special Prosecuting Attorney Brian Parsons on January 22, 2020.
“I was appointed by the Prosecutor’s Institute [around ] late summer of 2019,” Parsons told The West Virginia Daily News. “I conducted my investigation, [and] when I returned from vacation at the beginning of 2020, I instituted charges in the case.”
Where did these charges come from? 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 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.”
Since the misdemeanor information was filed, the case screeched to a halt due to the COVID-19 pandemic.
“It’s the same thing we say over and over and over again about every case,” Parsons explained. “Essentially, every case in the state of West Virginia just hit the pause button from March of 2020 until [about] October or November of last year. And then things began to restart, but not at 100% capacity. I don’t feel like we really started performing at 100 percent capacity … until this past Summer.”
This includes a trial-related break out in Raleigh County, where Parsons typically works. He explained “we all got COVID when we did try a case in March. That was the reward we got for trying to get back to normalcy.”
The halt even prevented the first step in the process after someone has been charged in the Circuit Court – the arraignment, where someone accused of a crime responds on the record.
After “someone called” to check in on the case in the past few weeks, Parsons prepared to move the case forward once again. On Wednesday, October 27, a new arraignment hearing was set for November 30 in Raleigh County.
McClung’s reference to another case, allegedly setting off the entire incident, was also not being taken into account in this case.
“There’s another investigation, I understand, going on as to other matters,” Parsons said. “My task and my investigation focused solely on the removal of this hard drive. That’s the only question that I was tasked with answering.”
Parsons also noted that any statements made to the press did not inform how the case was being handled.
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