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Sheriff says employee resigned because of off-duty incident

August 01, 2006|by ANDREW SCHOTZ

MARTINSBURG, W.Va. - A Berkeley County Sheriff's Department employee has resigned after an unspecified off-duty incident that was handled as a civil matter, Sheriff W. Randy Smith said Monday.

Smith would not name the employee, saying it is a personnel matter.

Smith issued the following statement: "In an issue which was brought to our attention that occurred outside the department by an employee in an off-duty capacity that was resolved in a civil solution and the resignation of that employee."

He said the sheriff's department found out about the situation on July 13. After an investigation, the matter was settled Friday, Smith said.

He referred additional questions to Berkeley County Prosecuting Attorney Pamela Games-Neely.

Games-Neely also declined to identify the employee.

She said no criminal charges were filed. Some sections of the state code allow what could be considered a criminal act to be handled instead as a civil matter, she said.

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In this case, the decision to settle the situation civilly was "victim driven," she said. She would not identify the victim.

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