Mayor wins reelection
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May 13—WAR — The mayor of War in McDowell County has won reelection, despite facing numerous charges in Fayette County after being pulled over Sunday by the West Virginia State Police.
In Tuesday's municipal election, incumbent Mayor Robert Beavers defeated his challenger Grover Mahone by a vote of 123-40.
Beavers, 67, was arrested Sunday in the Mount Hope area of Fayette County, according to a criminal complaint filed by Trooper A.E. Roberts, with the Gauley Bridge detachment of the West Virginia State Police.
According to the complaint, Trooper Roberts was on a traffic stop with a Fayette County deputy when a black Ford Mustang failed to move over for the emergency lights.
Trooper Roberts initialed a traffic stop, according to the complaint, and began speaking to the driver, Robert Beavers.
Beavers admitted he failed to yield to the stopped emergency vehicles, Roberts said in his complaint, and stated that the driver said "he wasn't paying attention due to the fact that he was talking on the phone with no hands free device activated."
According to the complaint, the officer also smelled the odor of marijuana coming from the vehicle and saw a pill bottle on the passenger seat of the vehicle.
Asked about the pill bottle, Beavers said it was "his prescribed hydrocodone and he had taken some approximately two hours ago," Roberts said in his report.
Beavers later gave officers "a small baggie of a green leafy substance consistent with marijuana."
Beavers admitted to smoking marijuana earlier in the day, according to the criminal complaint, and apologized to officers for not admitting he had some "hidden on his person" when he was first pulled over.
According to the complaint, officers took possession of the small baggy of green leafy substance and the pill bottle of hydrocodone.
Beavers was then given several standardized field sobriety tests, which he failed, Roberts said in his complaint. He was then placed under arrest.
He is charged with possession of a controlled substance, driving under the influence, prohibited use of a communications device while driving and approaching authorized emergency vehicles.
But on Tuesday, Beavers won reelection easily.
Even if convicted of the charges, Beavers can continue to serve as mayor.
Deak Kersey, General Counsel for Secretary of State Mac Warner, said if someone is convicted of a felony and is barred from voting, they cannot run for public office. Municipalities require candidates to be registered voters.
However, as long as they can vote, they can run.
Kersey said there are three ways to start the process of removing someone from office.
Members of council of commissioners in counties can enact a resolution spelling out the reasons; the prosecuting attorney can initiate the process; or residents can gather signatures on a petition (50 registered voters who participated in the election or 10 percent of participants, depending on the population). The final decision, though, would be made in circuit court.
"There is no automatic removal in state statute," Kersey said.
City council results showed Herb Billings leading the way with 134 votes, followed by Debbie King, 119, Emma Shelton, 106, David Deel, 100, Crystal Matney, 98, Loretta Hampton, 89, Bill Boyd, 65 and Oggie Davis, 34.
Recorder Sarah Muncy was unopposed.
— Contact Charles Boothe at cboothe@bdtonline.com