MARTINSBURG, W.Va. - A 12-count indictment of former Berkeley County Public Service Sewer District director Walter H. "Walt" Sebert Jr. was officially dismissed and removed from the Berkeley County Circuit Court docket Monday, court records show.
Sebert still could be indicted on at least one felony count of embezzlement stemming from the February 2005 true bill decided by grand jurors, according to the final order issued by 23rd Judicial Circuit Judge Christopher C. Wilkes.
"If everything goes according to plan, we'll be re-presenting the matter to the grand jury in October for their consideration," Berkeley County Prosecutor Pamela Games-Neely said Wednesday.
The embezzlement charge in the indictment mistakenly included the word "cash" instead of "money," Games-Neely said.
Sebert had been accused of making $31,608 in unauthorized purchases from April 2003 to May 2004 with credit cards.
In an Aug. 14 hearing, defense attorney Jim Lee argued that all 12 counts should be dismissed with prejudice because the state had not tried Sebert in a timely manner and further proceedings would violate his constitutional or statutory right to a speedy trial.