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PARSONS - All three Tucker County commissioners entered not guilty pleas to misdemeanor charges in circuit court Tuesday morning.
Tucker County Commission President Michael William Rosenau, Commissioner Frederick J. Davis Jr., and Commissioner Timothy Paul Knotts are each charged with one misdemeanor count of unauthorized expenditure by a local official.
Presiding over Wednesday’s hearing was Judge H. Charles Carl III, who is appointed to the 26th Judicial Circuit of Hampshire, Hardy and Pendleton counties, and has been assigned by a West Virginia Supreme Court Administrative Order to preside over the cases. The two 22nd Judicial Circuit judges, Hilary M. Bright and Steven L. Shaffer, voluntarily recused themselves.
Carl set a $2,000 personal recognizance bond for each commissioner Tuesday morning.
Knotts’ attorney asked that the bond not include travel or firearm restrictions. Carl said it would not.
More than 20 people were present to observe the hearing in Tucker County Circuit Court.
Preston County Prosecutor James Shay Jr. has been assigned the special prosecutor for all three cases. He was joined at the prosecutor’s table Tuesday morning by Mike Taylor, who is retired from the West Virginia State Police’s Elkins Detachment, and is now a fraud investigator for the state Auditor’s Office.
The first pre-trial hearings in the cases are all set for Nov. 10 at 1:30 p.m. in Tucker Circuit Court.
According to the Tucker Circuit Court documents previously provided to The Inter-Mountain by Shay, on May 8, 2019, the Tucker County Commission unanimously approved a new program called the Sheriff's Incentive Program, which allows "Sheriff's deputies to purchase items that are consistent with law enforcement."
On Oct. 15, 2020, March 30, 2022, Oct. 30, 2023, Nov. 14, 2024 and Aug. 12, 2025, Davis allegedly used this initiative program to purchase "personal property items, mostly firearms, ammunition and other weapons, such as most recently a crossbow for his own personal use," the documents state.
Davis' payroll records allegedly show the periods of time when his wages were attached to cover the expenses. Davis reportedly paid the amounts he "borrowed" back to the Tucker County Budget through wage attachment, but the payments were allegedly made over at least a year later, with no interest paid.
On Aug. 12, 2025, a check in the amount of $3,990.75 was written out of the Tucker County General Fund, the documents state. The check was made out to Backbone Mountain Sports Center & Pawn LLC in Oakland, Maryland for the purchase of a crossbow and ammunition. The purchase was allegedly made for Davis' personal benefit and the check was signed by Rosenau, Tucker County Sheriff Jacob Kopec and the former Tucker County Clerk Sherry Simmons.
On Aug. 13, 2025, the County Commission held a meeting and all three members voted unanimously to approve expenses, including the check for $3,990.75, the documents state. Knotts made the motion for the vote. The check was funded through Line Item 402-459, which is said to be the County Commission's personal "capital outlay."