CHARLESTON – A Kanawha Circuit Court judge has approved a request from the county prosecutor’s office to be recused from any possible criminal cases against County Commission President Kent Carper.
Kanawha Circuit Chief Judge Tera Salango approved the request June 1. What likely happens next is a special prosecutor from another county will be appointed by the West Virginia Prosecuting Attorneys Institute if charges are filed against Carper. Salango is the wife of Ben Salango, another Kanawha County Commissioner.
There have been rumors of Carper being involved in an incident May 15 involving inappropriate conduct at Daniel Boone Park when he allegedly was engaged in “lewd activity,” according to reports. No charges have been filed, and officials say the investigation into the matter continues.
Later in the week, Carper was hospitalized following a heart attack and underwent open heart quadruple bypass surgery. A spokesman for the family says Carper remains in the hospital recovering from the heart attack, the surgery and a stroke that he apparently had in the days prior to that. Carper, who also suffers from diabetes, also had a kidney transplant a few years ago.
In his Motion for Disqualification, Kanawha County Prosecuting Attorney Charles T. Miller said the move is being done to avoid the appearance of impropriety.
Various media outlets have filed Freedom of Information Act requests with the City of Charleston and Metro 911 for incident reports, 911 calls and bodycam footage of any incidents involving Carper at Daniel Boone Park. Those requests have been denied so far citing a pending investigation.
On May 19, Carper’s family issued a statement addressing the allegations, calling it a misunderstanding and related to a health issue.
“Unfortunately, an allegation of inappropriate conduct has been made against my father while he was apparently parked in a vehicle at or near Daniel Boone Park on Monday,” Virginia Carper, his youngest daughter, said in the family statement. “My father’s illness and his apparent confusion have been misinterpreted as being something inappropriate.
"My family and I regret this awful misunderstanding.”
Carper, an attorney at Hill Peterson Carper Bee & Deitzler in Charleston, suffered a heart attack May 15 after becoming ill, according to his daughter. He was admitted to Thomas Memorial Hospital through the ER on May 16, and a heart catheterization revealed serious blood vessel blockages. On May 18, he underwent a successful quadruple bypass surgery at Charleston Area Medical Center and is recovering.
May 15 is the day of the alleged incident at Daniel Boone Park. According to published reports, a woman called 911 to report a man engaged in “lewd activity.” A Charleston police officer arrived and questioned the man, but it is unclear if a citation was issued.
Fellow Commissioner Ben Salango discussed the allegations against Carper during a May 19 appearance on MetroNews’ Talkline statewide radio program with host Hoppy Kercheval.
“I know that there is an allegation,” Salango told Kercheval. “I know that the city police will do their job, and they will do the investigation. As far as the specifics of the allegation or the specifics of the allegation, I have no direct information about it.
“I’ve not been involved with the investigation. I’ve not seen anything in writing regarding the allegations. I’ve heard through the rumor mill similar to others what the allegation is. I can tell you now the only thing I’m concerned about is the health of my friend Kent Carper, and I have no doubt when he is able to address this, he will.”
The Kanawha County Commission also issued a statement May 19.
“We are aware of the media reports and the allegations of a pending investigation,” it stated. “Commission President Kent Carper is recovering from a quadruple bypass surgery, and we feel certain he will address these allegations as soon as he is able.
“The Kanawha County Commission will operate as usual. Meanwhile, we continue to wish him a speedy recovery.”
In a WOWK-TV story about the allegations, Carper’s brother-in-law and law partner dismissed the allegations.
“Kent would never do anything to embarrass his family, the county or his law partners,” Ed Hill told the television station.
In her statement, Virginia Carper thanked local hospitals and the staff for the care given to her father. A few years ago, Virginia Carper donated a kidney to her father.
“We request that my father’s privacy be respected while he recovers,” she wrote. “We expect a rapid, full recovery which will allow my father to return to the job he loves most — serving the wonderful people of Kanawha County.”
Carper was elected to the Kanawha County Commission in 1996. He previously served as Charleston’s police chief and public safety director as well as an assistant prosecuting attorney for Kanawha County.