KEYSER, W.Va. — Former Keyser Councilman Marques Rice has filed a civil lawsuit against former Mineral County Prosecutor Lynn Nelson, now a circuit court judge, according to the West Virginia Record.
The suit was filed in Kanawha Circuit Court on Jan. 26, accusing Nelson of pursing criminal charges of embezzlement against Rice based on allegations made by former Councilman George McNeill. He seeks unspecified damages, court costs and attorney fees.
The lawsuit names both McNeill and Sgt. J.M. Droppleman of the West Virginia State Police.
Droppleman directed the two-year investigation after McNeill alleged that up to $2 million was missing from the city’s water and sewer accounts and up to $1 million from other funds.
The investigation did not reveal missing money, but Droppleman said he uncovered a few situations where money was misappropriated, misspent or otherwise obtained by false pretense.
Nelson brought the case before a grand jury, which indicted Rice on felony charges of embezzlement and false pretenses in September 2008.
According to Rice’s suit, Nelson was prepared to present the case to the grand jury during its May term, but Trooper J.E. Whisner “would not provide testimony regarding the city of Keyser cases because he was aware of the lack of probable cause.”
Specifically, Rice was accused of stealing firewood and directing a city employee to file a fraudulent insurance claim. The charges, however, were dropped in January 2009.
Rice claims that McNeill provided “unsubstantiated, fraudulent (and) false information” for the purpose of “annoying or embarrassing him” and that Droppleman and Nelson accepted the information, according to the West Virginia Record.
The suit also says that Nelson took a personal interest in the case “when he met with defendant McNeill and others searching for clues and corroboration to present a case against (Rice) to the grand jury.”
Rice alleges that he’s suffered “past, present and future pain and suffering, loss of enjoyment of life, annoyance, aggravation, inconvenience and psychological distress.”
His bid for a sixth two-year term on council come to an end in 2008 when he lost in the primary election.
He is represented by Charleston attorney Katherine A. “Kitty” Dooley. The case is assigned to Judge Carrie Webster.
