WEST VIRGINIA RECORD

WINFIELD -- A Putnam County man who police allege took part in a gasoline scheme has sued the City of South Charleston for property he says officers took while performing a search.

David Jordan filed the suit Aug. 13 in Putnam Circuit Court. He claims that while police officers executed a search warrant at his Poca home, they took personal property Jordan had acquired over the course of several years and had kept in his garage.

Police officers executed the warrant because they believed Jordan was part of an alleged scheme.

Police said Jordan's niece Madeline Jordan, a clerk at the B.P. Teays Valley Biscuit gas station in South Charleston, was selling fuel to her family and friends for a tenth of a penny per gallon.

Individuals would allegedly line up at the gas pump and pump the gas into their car or truck, the lawsuit states.

The price of the gas was allegedly reduced inside the store, according to the complaint.

Madeline Jordan and Mary Jordan, David Jordan's former sister-in-law, were charged with fraudulent scheme in Kanawha County, but have not been indicted.

Jordan's nephew, John Jordan, was charged in South Charleston Municipal Court for petit larceny.

David Jordan says he never has been charged and denies any involvement in the purported scheme, but the search warrant named him as a defendant.

The warrant also stated that Jordan did participate in the scheme, which took place for four to six weeks in late December.

"The scheme involved family members of the Jordan family including the defendant," the warrant states.

Police came to Jordan's house Jan. 23 to execute the warrant and took three 55-gallon petroleum barrels, one red five-gallon gas tank, two black 15-gallon jugs, one blue funnel, one siphoning pump, one blue jug, one 2.5-gallon red gas can, one pair of rubber gloves, and one 12-volt gas pump, according to the suit.

Jordan claims the equipment was at his house because he was formerly employed as an over-the-road truck driver and formerly had a yard care business, the complaint states.

He also has a receipt for the 12-volt diesel fuel pump he purchased Nov. 15 from Jim Kanniard and for some of the kerosene found on his property.

In the suit, he requests the return of his personal property and states that the items are irrelevant to the gas scheme theory.

"Mr. Jordan states that agents of the Respondent have not stored his personal property properly, have left it outside, and have not taken steps to maintain its integrity or preserve its condition," the suit states.

He claims if the property is needed as evidence, pictures can be taken and still return the property.

Jordan asks that a Motion for Return of Personal Property be filed, the South Charleston officials return the personal property seized from his residence, that if said items have been destroyed or discarded that the respondent be held for damages to replace the same, and any other relief the Court deems just.

Jordan is represented by Hurricane attorney Herbert Hively.

Putnam Circuit Court case number: 08-C-277