Assistant prosecutor has resigned

January 23, 2009

MARTINSBURG, W.Va. - A Berkeley County assistant prosecutor who was sued in circuit court last year by a West Virginia State Police trooper in a landlord-tenant dispute has resigned from Prosecuting Attorney Pamela Jean Games-Neely's office.

Games-Neely notified the Berkeley County Commission of Gregory V. Smith's resignation in a Jan. 14 memo and noted his last day of employment would be next Friday.

It was not clear whether the lawsuit, which is still pending in circuit court, contributed to Smith's resignation.

After all five 23rd Judicial Circuit judges recused themselves from presiding in the civil action last year, Chief Judge Thomas W. Steptoe Jr. in December ordered the case be reassigned to incoming Judge John C. Yoder, who replaced Steptoe on Jan. 1.

The civil claim on behalf of State Police trooper Joseph M. Walker claimed Smith caused more than $15,000 in damage to an Inwood, W.Va., property that the police officer leased to the attorney.


Smith filed a counterclaim, but since has withdrawn that action, according to records filed in Berkeley County Circuit Clerk Virginia M. Sine's office.

Walker and Smith signed a rental agreement in 2006 for a private residence at 6 Colossians Court in Inwood and the agreement ended in December 2007, according to court records.

Walker said in his complaint Smith repeatedly violated a "smoking ban" on the property on a daily basis after promising not to smoke inside the leased premises of the residence, court records show.

- Matthew Umstead

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