Legal hurdles still ahead for Edmonds including $14,000 in unpaid child support

By Lawrence Smith | May 8, 2008

CHARLESTON – Despite the settlement of a civil suit against him, Tim Edmonds still faces some legal challenges. Along with a possible indictment for sexual abuse, a bench warrant is active against him for unpaid child support in Wisconsin.

On Nov. 27, a criminal charge alleging sexual abuse was dismissed against Edmonds. The dismissal, records show, came five minutes after he gave in a deposition in a related civil case filed against him, Chesapeake Apostolic Church and the Upper Kanawha Valley Christian School by James and Debbie Green of Hernshaw.

According to court records, the Greens alerted police in April 2006 of possible abuse committed by Edmonds against their daughter, who was 16 at the time, and a UKVCS student. On May 2, 2006, police arrested Edmonds, and charged him with one count of sexual abuse by a parent or guardian.

Records show he was released on May 11 after his wife, Karin, posted his $5,000 bail.

Assistant Kanawha County Prosecuting Attorney Scott Reynolds told The West Virginia Record the timing of the dismissal was purely coincidental to Edmonds' deposition. His motion to dismiss was granted five days earlier by Kanawha Circuit Judge Tod J. Kaufman, and officially entered into the court record on the 27th.

Because the prosecutor's office had not acted on the case in over a year is why he asked for the dismissal, Reynolds said. The lack of a completed investigation by the State Police is the reason for case lying dormant.

However, Reynolds said the prosecutor's office did receive a completed investigation in March. Another assistant was reviewing the report to determine if charges would be refiled against Edmonds during an upcoming meeting of the grand jury.

May 5 began a new term of the court, and a subsequent impanelment of the grand jury. As of presstime, no true bills were returned against Edmonds.

Because of the timing in the settlement of the civil case, it was not immediately clear if that would in any way impact a potential criminal case against Edmonds. His attorney, George Joseph did not return repeated telephone calls for a comment. .

What is clear, however, is that Edmonds is wanted by the state Department of Health and Human Services for unpaid child support. According to court records, Edmonds has an outstanding obligation of over $14,000.

$14,000 in unpaid child support

According to court records, a notice to withhold income for child or spousal support was sent to Alford Pest Control from the Fond du Lac County Child Support Office in Fond du Lac, Wisconsin on August 18, 2004. The order was to deduct $150 a week from Edmonds' paycheck to assist his ex-wife, Angelic A. Francl, for support of her two daughters, now 9 and 7 years old.

Records show Edmonds was first ordered to pay child support on June 15, 2001.

By the time the notice was filed, records show Edmonds was at least 12 weeks in arrears. A native of Sheboygan, Edmonds moved to Hometown in Putnam County after leaving the U.S. Army in October 2003.

On Oct. 13, 2005, a hearing was held in Putnam Family Court on a civil charge of contempt for Edmonds failing to pay child support. Though he was able to make some payments, records show his arrearage effective Nov. 9, 2004 was $6,853.73.

During the hearing, records show Edmonds testified that "he was laid off from his employment with Raintree Construction and is now a full-time college student. His only income, at the time, was from the G.I. Bill.

Also, Edmonds testified that Angelic's current husband had initiated adoption proceedings for the girls.

Nevertheless, Putnam Family Law Judge William M. Watkins III on Oct. 28, 2005 ordered that Edmonds remain current in his obligation by mailing regular payments to DHHR's Bureau for Child Support Enforcement office in Charleston. Watkins also took the occasion to set May 11, 2006 for a review hearing on the case.

By April 30, 2006, Edmonds had yet to pay any of the child support, bringing the arrearage to $14,070.34. He was unable to make the May 11 hearing due to the fact he had yet to be released from jail following his arrest on the original criminal charge in the Green case.

Regardless, Watkins found Edmonds in contempt of court, and issued a capias for his arrest on May 22, 2006. Upon being taken in custody, Watkins ordered that Edmonds be incarcerated in the Western Regional Jail in Barboursville until he paid "A performance and appearance bond in the amount of Fourteen Thousand ($14,000) CASH ONLY…"

Calls to Diana L. Johnson, the DHHR attorney representing Francl, to verify the warrant was still active were routed to Susan Shelton Perry, BCSE commissioner. Despite a pledge she would, Perry did not confirm the status of the warrant by presstime.

Fond du Lac, Wisconsin Circuit Court, Case No 2000FA000072A

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