You may recall the West Virginia judge who was featured in traffic stop body cam footage, which resulted in the filing of formal judicial disciplinary charges against him due to his behavior during and after the stop. That judicial disciplinary litigation is apparently ongoing, as it is being contested by the judge. But wait, there’s more…. Believe it or not, the same judge has now had a separate set of formal charges lodged against him by the West Virginia Judicial Investigation Commission. The new Formal Statement of Charges, filed on February 14, 2022, and just released today, contains allegations pertaining to, of all things, the Walmart self checkout process.
To refresh your recollection, the first set of charges were filed on October 25, 2021. After finding out about their existence, I served a FOIA request on the Moorefield Police Department, where the incident occurred, and requested the body cam footage referenced in the charges. I then posted the relevant footage on Youtube, of course, so that the public could see it, which is a necessary component of government accountability. That video, as of this time, has been viewed 270,108 times, has 5.2 thousand likes and 2,452 comments, mostly appearing to be in condemnation and disgust of the judge’s behavior.
The new formal statement of charges alleges that on August 18, 2021, Judge Williams “left the Moorefield Walmart without paying for ten or so items in his shopping cart.” Moorefield Police Chief Stephen Riggleman described the allegations in a police report, where he noted that he arrived at Walmart on September 13, 2021 on an unrelated call and was informed that there was another incident which needed investigating. The chief wrote that the asset protection officer at the store provided him with evidence involving Judge Williams:
[The asset protection associate] provided this officer with a training receipt and still photograph of an individual known to me as Charles “Carter” Williams. This officer then watched video surveillance footage of Williams utilizing a self-check out register where he was observed scanning, bagging and placing the bagged merchandise into his shopping cart.
Williams is then observed pushing his shopping cart out of the store without making any attempts to pay for the items.
Chief Riggleman then wrote in his report that he notified the Hardy County Prosecutor, Lucas See, and reported the incident, given the fact that the suspect was the local circuit court judge, who he noted was already under a judicial disciplinary investigation involving the body-cam incident with the Moorefield police officer. The chief then noted that he decided the best course of action would be to contact Judge Williams and “direct him to pay for the merchandise.” He lamented, however, that this wasn’t the first time:
It should also be noted that approximately one year ago a similar incident occurred with [Judge] Williams at the Moorefield Walmart where he and his wife had pushed out a substantial amount of merchandise without paying. It was determined that neither party realized that the other had not paid for the items.
In fact, as the statement of charges alleges, the shopping buggy pushed out of the Walmart in the earlier incident was “valued at approximately $300.00 and that another individual was with [Judge Williams] when the incident took place.”
Apparently the investigators were aware of the first Walmart mishap, and they asked him about it, during his sworn statement during the body-cam incident investigation. Contrary to evidence later obtained by investigators, the judge sort of laughed it off and said that it was an incident a couple years ago where he forgot to pay for $52.00 worth of goods and that his wife was not present, but that a lady he knew, who worked at Walmart, was present, and that the lady “still works there,” claiming that, “[w]e laugh about it.”
Investigators note in the new statement of charges that the county prosecutor, who initially reported the judge on the body-cam allegations, never disclosed to them that there was actually another Walmart allegation, occurring only three weeks before the judge provided them with a sworn statement about the first Walmart allegation and the body-cam incident allegation. They only found out about the August 18, 2021 Walmart incident after Chief Riggleman disclosed its existence on February 10, 2022.
It also appears that the judge failed to disclose the existence of the second Walmart incident to the appropriate authorities. Paragraphs 19 and 20 from the new charges are redacted, but they do state that the judge “also never disclosed the August 18, 2021 Walmart incident to [somebody]” who is unnamed, claiming that the judge was unaware of the August 18, 2021 allegations until the same day as his February 11, 2022 interview by judicial disciplinary investigators. In other words, nobody advised him that he had failed to pay for the merchandise.
But wait a minute…. The judge apparently claimed during his February 11, 2022 sworn statement that he had no idea that he had left Walmart on August 18, 2021 without paying for merchandise, and only discovered the existence of the allegations on the very day of his questioning by investigators on February 11, 2022. To the contrary however, other local officials say otherwise, for which there appears to be documentation.
Chief Riggleman noted in his September 13, 2021 report that he reviewed video footage of Judge Williams pushing unpaid merchandise in a cart to his vehicle at the Moorefield Walmart, and that he subsequently contacted Judge Williams directly and directed him to pay for the merchandise. Riggleman also wrote in his report that the county prosecutor called him on September 14, 2021 and advised him that he had received a call from Judge Williams advising that he wished to pay for the items; that it was an unintentional mistake. The chief’s report is corroborated by text messages between the judge and the prosecutor, which were obtained by judicial investigators, dated September 16 and 17, 2021 (clearly prior to February 11, 2022):
Judge: If you could get that amount from [the Walmart asset protection associate] tomorrow I’d really appreciate it. Thanks so much.
Prosecutor: Gotcha!! She was supposed to call me yesterday but I guess she forgot. I’ll take care of it first thing in the morning.
Prosecutor: $42.21. Do you want me to stop by your house and get a check?
Judge: I have Covide so I’ll put a check in an envelope on my wall there at my driveway. I’m in a hearing so I probably won’t have it there until around 12:30. If you could take it up there I’d really appreciate it.
Prosecutor: I can do that.
Judge: Ok. It may be in a zip lock bag. I’ll hand sanitize good before I handle any of that. Thanks a lot Lucas.
Prosecutor: No problem!!
The next day, the texts between the judge and the prosecutor continued, even discussing the name of the lady at Walmart. The prosecutor relates that the Walmart asset protection lady wanted to communicate to the judge that she doesn’t want the judge to be “mad at Walmart about it.”
Two sayings come to mind: “where there’s smoke, there’s fire;” and also, “sometimes the cover-up is worse than the crime.” Trial lawyers often leave the the most important question unasked at the end of an important line of questioning. Where the evidence is strong, one need not even ask the ultimate question, because the answer doesn’t matter. It’s obvious. The new statement of charges appears to establish that Judge Williams provided false testimony during his February 11, 2022 sworn statement, claiming to be unaware of the August, 2021 Walmart incident (as being the reason he failed to disclose it to investigators during questioning just three weeks afterwards, on October 6, 2021).
Numerous rules of the West Virginia Code of Judicial Conduct were alleged to have been violated, according to a unanimous vote of the Judicial Investigation Commission, which found probable cause. Judge Williams has been served with the charges and has a right to file responsive pleadings with the West Virginia Supreme Court within 30 days.
Here’s the full statement of charges: