CHARLESTON – A father and his son are suing Kanawha County Sheriff Michael Rutherford after they claim he seized various items from their residence and has failed to return them.

On April 30, 2009, Robert L. Bumgardner was stopped in his vehicle in Kanawha County, after which he was charged with a violation of West Virginia Code, according to a complaint filed March 6 in Kanawha Circuit Court.

When Robert Bumgardner was stopped, he and his vehicle were searched and $1,564 in cash was seized and has since been held by Rutherford, according to the suit.

The plaintiffs claim a search warrant was also executed for Robert Bumgardner’s home, which was also occupied by Grant Bumgardner, and 215 items were seized that belonged to Grant Bumgardner.

No action has been taken or anticipated in furtherance of the charges and bond money has been returned, however the plaintiffs’ property remains in Rutherford’s possession, according to the suit.

The plaintiffs claim no legal basis exists for the continued possession by the sheriff, therefore it is not lawfully held by Rutherford and must be returned to the owners.

The 215 items seized by Rutherford include and ATF license form; guns and ammunition; marijuana; cash; and medicine bottles, according to the suit.

The plaintiffs claim no legal basis exists for the continued possession of their money and property.

The plaintiffs are seeking for the court to order Rutherford to return all of their property. They are being represented by James M. Cagle of the James M. Cagle Law Office.

The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 13-C-452

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